Richard J. Emhof DUI/DWI Law Blog on Lawyers.com

"That's Not How It Happened"

Monday, November 30, 2009 by Richard J. Emhof

Been arrested for DUI in Pennsylvania? Surprised when you see that the officer’s arrest report differs significantly from your recollection of the events? Although your surprise is understandable, your attorney will not be surprised at all. The charging documents, police reports, and police court testimony are often laden with embellishments, half-truths, and outright lies.

There are several reasons for this. Sometimes, it’s that the officer knows that there are certain traits in the driver that can be used as evidence to prove DUI or to establish probable cause for the stop or arrest. The officer also knows that the driver will have no way to disprove the presence of these traits, since it will simply be the cop’s word against the defendant’s. Finally, the officer knows that there is practically zero chance of being prosecuted for perjury. The prosecutors have no interest in prosecuting lying cops because:

  • (1) It would damage their relationship with the police, whose cooperation prosecutors need to do their job, and
  • (2) It would jeopardize their ability to convict defendants.

In some cases, the discrepancies may simply be the result of a cop who doesn’t remember what happened. It may have been many months (or possibly years) since the incident happened and the cop probably made many arrests since then. He or she will usually just refer to the police report, make sure to testify consistent with it, and maybe include additional incriminating testimony.

If you have been arrested for a DUI in Pennsylvania, contact an experienced Pennsylvania DUI lawyer to protect your rights and achieve the best result. Call today at 1-866-457-9957 for a free initial consultation.

Posted at 16:48 PM
Topic: DUI/DWI
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