Sheldon Rosinsky and Aaron Steinberg 


                 DUI POLICE MISTAKES

We think 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.  Police work is dangerous, especially in Hermosa Beach and Torrance. But from time to time we find ourselves on opposite sides with the police. By police officer errors in judgment or opinion, or by carelessness or even intentionally, we switch from respect of police to fear of police. 

DUI police do make mistakes. The average person cannot notice the hidden mistakes, and even if
they did notice these mistakes, would not know how to exploit these mistakes. 
Here are examples of Hermosa Beach and Torrance DUI police mistakes.

1. Stopping a driver for erratic driving when the police had insufficient observable time to reasonably believe the driving was due to alcohol and/or drug use. The Hermosa Beach police 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. 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 police did not observe the driving violation. This 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 test.

6. Failing to properly record the initial observations of the driving and of the driver, and of the field sobriety tests results. Police "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. Police who do DUI investigations in Hermosa Beach now specialize in DUI investigations.  Each report sounds the same. This produces inconsistency and unreasonableness between the known facts and the police officer's observations. DUI lawyers call this "reasonable doubt".

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

9. Failing to understand details of the California Vehicle and the Penal Codes. Police assume they know the law, but mistakenly apply the law. Even prosecutors and judges have made the assumption they know all the details of the thousands of laws.

10. Failing to maintain an objective involvement. Mistakes are probable when police become emotionally involved in the DUI. In a traffic accident, police may want to prove the accident is due to drugs, and ignore other possibilities.  Physical confrontation, children involvement, high speed chase, or any heightened anxiety can create a very emotionally charged atmosphere where anger or frustration enters, and produce ridiculous police reports.

Call 310-378-3848 for a free DUI evaluation.
   Sheldon Rosinsky  DUI Attorney
   Aaron Steinberg DUI Attorney

Disclaimer: The information contained within does not constitute legal advice. We make no claims or guarantees about the accuracy or adequacy of information contained herein. Nothing provided herein should be used as a substitute of advice from competent counsel.  DUI Attorney, Lawyer, Hermosa Beach, Torrance