Tuesday, July 19, 2016

False Arrests For DUI Can And Do Happen


The last thing that most sober drivers think is that they may be arrested for a DUI while driving. Shockingly, false arrests do happen and innocent individuals are charged with a serious crime that can tarnish their record.

How One Police Officer Hurt Hundreds

 In a perfect world, police officers, who are supposed to serve and protect their community, would not use the power given to them to take advantage of the system. Unfortunately, we do not like in a perfect world, as one Chicago neighborhood learned.

In 2009, Officer Richard Fiorito was taken off of active duty when a dash camera in his own vehicle showed that their were serious inconsistencies with what actually happened and what the officer wrote in his official report.  In one video, he was shown giving a man a field sobriety test, during which the driver treats him with respect, follows instructions, and clearly passes all physical requests. But at the end of the test, the driver is surprisingly arrested. In the official report, however, he wrote that the driver was "confused", that he was unable to keep his balance and that in order to walk he had to raise his arms up for balance, and that he couldn't do the walk and turn test - the first test he clearly completed to perfection on camera.

As a result of this video, more than 130 DUI charges were dropped and he faced more than 40 civil lawsuits alleging that he had falsely arrested innocent drivers so that he could get overtime pay from having to appear in court.

That isn't to say that all false arrests are the result of a police officer taking advantage of the situation. In some cases, the officer believes they are doing their job but the testing tools, such as breathalyzers, are not correctly calibrated.

What Should I Do If I Believe I've Been Falsely Arrested?

Consult an attorney right away. An attorney can help you collect evidence, consult legal experts, and may be able to get your record expunged. To learn more, contact us today.


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