Cut & Paste DUI Police Reports

By Law Offices of Joshua S. Davidson, PLC | Oct 30, 2009
In several cases of DUI arrests it has been found that the police officer in charge had similar reports for all the arrest cases. Any Phoenix DUI attorney will tell you that many law enforcers are not so honest when they are making DUI reports. This is particularly evident in reports that show report similar symptoms in all DUI cases. For example, portions of the reports seem common when discussing how the driver fumbled for his wallet, had bloodshot eyes and claimed he had consumed two beers before driving. With the use of computer technology, it is all too easy for police officer to simply “cut and paste” boilerplate portions of their report from one case to the next. Not surprisingly, the claims included in the “Xeroxed” reports seldom involves observations that could independently be confirmed or debunked – such as the odor of alcohol on the drivers breath. In fact, I have personally seen DUI police reports wherein the officer was so lazy, he neglected to remove the name of a previous arrestee when transferring portions of that report into my client’s report. Many drivers charged with DUI in Scottsdale or Phoenix have the misconception that there is nothing that can be done to avoid a DUI conviction if their blood or breath test is over a .08%. It is important to keep in mind that regardless of how high one’s BAC might be, there are always potential defenses that can be asserted which arise from the reasonableness of the officer’s conduct when initiating the traffic stop and placing you under arrest. Because these types of issues all to often hinge on the credibility of the officers in-court testimony, it is important to explore any aspects of the case which demonstrate that the reports were not completed accurately or completely. Identifying “Xeroxed” symptoms can be a very helpful step in that process.

Categories : DUI

Membership & Awards