On this blog, you've read about many reasons why charges of impaired driving can be dismissed in court – from improper arrest procedures to inadequate testing protocols to a lack of probable cause. But you might be surprised to learn about another reason: lying by law enforcement agents.
That's why more than 100 cases of driving while intoxicated were dismissed in Wake County, North Carolina (where the state capital of Raleigh is located). Last month, the county's district attorney ceased prosecutorial efforts on those cases because of the involvement of sheriff's deputy Robert Davis, who was disqualified as a witness by a judge. The reason? The judge found that Davis had lied on the witness stand in at least three cases.
The untruthfulness of Davis came to light by a DWI suspect whom he arrested in August of 2014. The woman claimed that Davis did not permit her to take a breathalyzer test or make a phone call, but Davis later denied those allegations.
Because Davis' credibility was called into question, the DA elected not to prosecute 104 DWI and 71 traffic cases in which Davis was involved. The 18-year veteran of the sheriff's office was fired after the pattern of lying was revealed, though he is not expected to face criminal charges.
Sadly, there have been numerous cases of police officers and other law enforcement personnel engaging in dishonesty in order to secure a conviction. That's why it's essential to engage the services of an experienced defense attorney, especially when charged with impaired driving. That's because your lawyer can likely spot any falsehoods or inappropriate behavior by police – which could result in the charges against you being dropped.