Summers, Rufolo & Rodgers
Call For A Free Consultation
423-933-2738
View Our Practice Areas

Officer's DUI dismissal rate is higher than average

Law enforcement officers are given a great deal of authority and discretion. After all, a Tennessee Highway Patrol trooper or a Chattanooga Police officer, if they observe that your vehicle has a taillight out or you weave in and out of your lane, they can pull over and have a word with you.

If they have reason to believe you are impaired with alcohol or drugs, they can ask you to perform some field sobriety tests. If they, in their subjective opinion, believe you have failed those tests, they can arrest you.

We assume that officer are trained to know what to look for when evaluating a potentially a drunk driver, and that they are just not randomly pulling over cars, hoping to discover a candidate for a DUI charge.

And there is a fine line between proper enforcement and overzealous enforcement. One officer with the Red Bank police department has been seen as perhaps crossing that line. His DUI cases have an almost 30 percent dismissal rate, and a few of those arrested have felt that he was far too eager to make an arrest, whether or not it was valid.

As one attorney noted, during a DUI arrest, the actions of the police officer are crucial. They are not merely collecting the facts and writing a report. They are participating in the creation of the evidence that may be used to convict a driver of a DUI.

A field sobriety test, while cloaked in the aura of a "scientific test," is really little more than the officer's observation of a driver. The test can be manipulated by the officer and can be affected by issues other than alcohol impairment.

This is why if you have been stopped for DUI, your attorney carefully investigates all elements of your arrest and examines the behavior of the law enforcement officer.

Timesfreepress.com, "Red Bank's DUI king arrests hundreds: Attorneys say officer nabs sober drivers, as well," Shelly Bradbury, November 9, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response

Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Summers, Rufolo & Rodgers
735 Broad Street, Suite 800, The James Building
Chattanooga, TN 37402-2913

Toll Free: 888-778-6575
Phone: 423-933-2738
Fax: 423-266-5211
Chattanooga Law Office Map

Review Us
735 Broad Street, Suite 800