When faced with DUI-related charges, Pennsylvanian residents may be wondering if there’s anything that can be done to contest the evidence presented against them. As a matter of fact, there are. Police evidence can successfully be challenged in court, depending on what that evidence is.
FindLaw states that there are ways to challenge breath analysis tests, which are often seen as particularly condemning. These devices still rely on human maintenance in order to function properly, though. This means that if they aren’t calibrated, maintained, or used as they’re meant to be, the results can be compromised. Maintenance logs can be checked to see if the device is in good condition, and officers can be tested to see if they know how to properly use their equipment.
Likewise, field sobriety tests can also be challenged. Even when standardized field sobriety tests are used, there are still factors that can’t be controlled which may affect the test’s outcome. This can include things like medication you may be on, medical conditions you have, and so on.
As Business Insider points out, another thing to challenge is the probable cause behind the stop. Police can’t just pull a person over on a suspicion or hunch alone. They need to have a reason – or a probable cause – to pull the driver over. This can include breaking minor laws such as not stopping properly at a stop sign or having expired plate tags. However, if there is no reason to pull a driver over, they can’t.
When challenging a DUI case, looking at all of the variables is of utmost importance. In knowing where to look, drivers will know what they can challenge in order to protect themselves from wrongful accusations.