HERMOSA BEACH,
REDONDO BEACH,
TORRANCE - all South Bay
DUI ATTORNEY
Sheldon Rosinsky 
310-378-3848 

Main Navigation

Sheldon Rosinsky 22750 Hawthorne Blvd., Torrance, California 90505 
POLICE MISTAKES - DUI at Torrance Court      310-378-3848


Historically, we have viewed the police as being on our side, and to whom we owe much respect. The police protect us from the "bad guys" who want to harm us or our family. The police have a tough job, and work long and difficult hours. Police work is dangerous, especially in Hermosa Beach, Redondo Beach, Manhattan Beach,Torrance, or any local beach city. But from time to time we find ourselves on opposite sides with the police. By their errors in judgment or opinion, or by carelessness or even intentionally, we switch from respect of the police to fear of the police. 

Hermosa Beach police officers (All South Bay police officers) do make mistakes. These mistakes may be minor with no impact of your DUI case, or may be major with significant impact on your Hermosa Beach DUI case. The average person cannot notice the hidden mistakes, and even if they did notice these mistakes, the average person would not know how to exploit these mistakes. It is your attorney's job to see these mistakes, and use them to your best interest. Here are a few examples of police mistakes.


1. Stopping a driver for erratic driving when the officer had insufficient observable time to reasonably believe the driving was due to alcohol and/or drug use. The officer jumped to a conclusion too soon.

2. Making a traffic stop for a minor traffic violation, but the driver's actions do not satisfy the elements of the alleged violation. I have seen this problem frequently, as many officers do not have the needed familiarity with the California Vehicle Code.

3. Stopping a vehicle that someone reported may be a drunk driving, when the officer did not observe the driving violation. This frequently occurs when much time has pasted after the call comes in, or the location of the violation is too far removed.

4. Failing to eliminate other factors which may have caused the alleged erratic driving, which resulted in the initial traffic stop. Road conditions, weather conditions, traffic flows, vehicle malfunctions, safety concerns, etc can cause minor erratic driving.

5. Failing to discuss and explain unaccounted for time periods from the initial stop, through arrest, and then to final booking.The intoxication level can change from the time of the driving and arrest, and up the blood or breath alcohol testing.

6. Failing to properly record the initial observations of the driving and of the driver, and of the field sobriety tests results. Many officers "cut and paste" text from previous reports, and if done carelessly, creates doubt on accuracy and reliability.

7. Failing to treat each arrest as a separate event. Officers who do DUI investigations now specialize in DUI investigations, They are part of a unique DUI task force of officers specifically trained in this type of investigation. However, this can also create an opportunity for the DUI attorney because problems in the police report start to appear. This happens not necessarily from inexperience, but due to laziness. DUI task force officers do a lot of arrests, and tend to fall into patterns of report writing. As a result, each arrest and report sound the same. The officer says basically the same or similar words in every report. This can produce inconsistency and unreasonableness between the known facts, and the officer's reported observations. This in turn can lead to reasonable doubt.

8. Failing to understand that what is apparent to the officer, that it may not be apparent to everyone else reading the report. Making an assumption of guilt, or a quick conclusion, may result in a poorly written police report. The officer who fails to fully explain what he sees or hears will produce a poorly written and an incomplete report. 

9. Failing to understand the basis and details of the California Vehicle Code and the Penal Code. We expect most officers to understand these laws, but the laws are very specific and common knowledge of the law is not enough. Officers generally are given summaries of these laws, as these DUI laws are very complex and sometimes difficult to read and to understand. Many officers assume they know the law, but at times mistakenly apply the law. Even prosecutors and judges, and yes even DUI attorneys, have made the mistaken assumption that they know all the details of the thousands of laws.

10. Failing to maintain an objective involvement. Mistakes are probable when officers become emotionally involved in the DUI. This happens when the officer personalizes the investigation. For example, in a traffic accident with major personal injury, the officer may have a desire to prove the accident is due to drugs, and ignore other possibilities.  Physical confrontation, children involvement, high speed chase, or any heightened anxiety can also create a very emotionally charged atmosphere where anger or frustration enters, and produce ridiculous and unreasonable police reports.



Disclaimer: The information contained in this website is provided as a service to the community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of information contained herein. Legal advice must be tailed to specific circumstances of each case. As laws are constantly changing, nothing provided herein should be used as a substitute of advice from competent council. 
Torrance DUI Attorney, Torrance DUI Lawyer, Torrance Defense Attorney, Torrance Defense Lawyer, DUI in Torrance, Hermosa Beach DUI Attorney, Hermosa Beach DUI Lawyer, Hermosa Beach Defense Attorney, Hermosa Beach Defense Lawyer, DUI in Hermosa Beach, Redondo Beach DUI Attorney, Redondo Beach DUI Lawyer, Redondo Beach Defense Attorney, Redondo Beach Defense Lawyer, DUI in Redondo Beach, 

                HERMOSA BEACH ATTORNEY  CALIFORNIA DUI LAWS  DUI MISTAKES   POLICE MISTAKES  DUI PROCESS  BEACH CITIES DUI


Content copyright . Beach Cities DUI. All rights reserved.
Web Hosting Companies