![Justin Bieber Arrested In Miami Beach](https://besidethelaw.wordpress.com/wp-content/uploads/2014/03/reu-people-justinbeiber-1.jpg?w=300&h=186)
We all remember this mug shot. Yes, this is where Justin Bieber was arrested in Miami a few months back for DUI. However, turns out the singer may get off!
Apparently, the Miami Beach officers who pulled Bieber over for drag racing and then arrested him for DUI may have been lying this whole time! The police report says Bieber was pulled over for drag racing rapper Khalil at speeds between 55 and 60 MPH.
![rs_560x415-140123092522-1024-justin-bieber-miami-arrest.ls.](https://besidethelaw.wordpress.com/wp-content/uploads/2014/03/rs_560x415-140123092522-1024-justin-bieber-miami-arrest-ls.jpg?w=300&h=261)
However, TMZ has just recently obtained the GPS readout of both Justin’s car and the officer’s, and turns out no one was racing!!!!
According to the GPS readout, the cop car was going 11 MPH at the 2600 block of Pine Tree Dr. (which is where the cop says he first spotted the singer in the Lambo) and 31 MPH (where he claims the two were drag racing). Bieber’s GPS shows that he was going 27MPH on that block. So where exactly did this alleged drag race happen, no one knows.
![0305-cop-car-gps-2](https://besidethelaw.wordpress.com/wp-content/uploads/2014/03/0305-cop-car-gps-2.gif?w=300&h=153)
Not only is the GPS readout placing the officers credibility at issue, it is also putting into question whether the officers had probable cause in the first place to pull over the singer. Maybe Bieber wasn’t lying when he was screaming “What did I do. Why did you stop me?”
Bieber may be able to have his case thrown out if the cops didn’t have any probable cause for the stop. In fact, most DUI cases are full of errors, and there are many ways that a DUI case may be dismissed.
HERE ARE 15 WAYS YOU CAN GET YOUR DUI CASE DISMISSED:
1. Officer didn’t have Probable Cause for the Stop
The officer must have probable cause to stop, detain, or arrest you for DUI. If there was no probable cause the evidence, and the case may get dismissed.
The police must have a reasonable suspicion that you are engaged in a criminal activity before they can stop your car, conduct a DUI investigation, or arrest you for a DUI. If an officer does not have the required probable cause before stopping you, any evidence that is obtained as a result of that illegal procedure will be suppressed and can’t be used against you.
2. Violations of Title 17 of the California Code of Regulations
Title 17 of the California Code of Regulations sets forth the requirements the officers must follow in conducting DUI blood and breath tests, as well as how to analyze and collect the samples. These regulations are very specific, and any violation of California’s Title 17 can lead to the chemical test being suppressed and probably your case being dismissed.
Violations of Title 17 includes the following:
- The technician who drew the blood was not property trained or certified;
- If the test was signed by someone that required supervision or was not certified that is insufficient. Shea v. Department of Motor Vehicle, 62 Cal. App. 4th 1057 ( Cal. App. 4 Dist. 1988)
- The DUI breath testing instrument used was not properly calibrated.
- The laboratory report was not signed at or near the time it was completed.
- Report signed a week after it was completed not sufficient. Molenda v. DMV 172 Cal. App. 4th 974 (Cal Crt App 6th Dist. 2009).
- The officer didn’t observe the DUI suspect for 15 minutes prior to administrating the test.
3. An Improper 15 Minute Observation Before the Breath Test was Administered
California regulations require the officer to watch the DUI suspect continuously for at least 15 minutes prior to administering the breath alcohol test. The officer must make sure that during this period the person does not consume anything, burp, belch, hiccup or regurgitate. Any of these may cause alcohol to travel from the stomach to the mouth causing an inaccurate reading because it test the “mouth alcohol” and not the alcohol in your blood. Often cops are completing documents, discussing something with their partners, and not observing the suspect. This can place the evidence into question and maybe dismiss the case.
4. “Rising Blood Alcohol”
Rising blood alcohol means that your BAC was a higher level when you took the test than it was when you were actually driving.
Alcohol takes a certain amount of time, typically between 50 minutes and three hours, to absorb into your system. Your blood alcohol level is still rising, which can cause a false high DUI BAC result.
This occurs because your BAC at the time of your blood or breath test is irrelevant. What is relevant is what your BAC was at the time of driving. Just because you have a BAC that is above the legal limit when you submit to a DUI chemical test, does not mean that is what your BAC was at the time of driving.
6. Police Misconduct
Even if you were driving under the influence, police misconduct may knock out your DUI charges.
If the police report is inaccurate, if the officer didn’t comply with Title 17 procedure, or if the arresting officer’s courtroom testimony is untruthful the case may be thrown out.
7. Faulty and Unreliable Breath Tests
The DUI breath tests used by officers may also be unreliable because:
1) Improper use by the officer
2) Inaccuracy
3) Physical conditions (gastroesophagel reflux disease aka GERD which can cause alcohol to travel from the stomach back to the throat and mouth and give an improper reading of that persons BAC.)
8. Weaving within your Lane Doesn’t Justify a Stop
Merely weaving within your own lane or getting close to the fog line/ yellow line does not mean you were intoxicated. In fact, courts have ruled that this usually does NOT justify a DUI traffic stop—unless an “experienced officer” observed “pronounced weaving” for a “substantial distance.” Again, this would result in no probable cause for the stop and would cause the evidence from the stop to be suppressed.
8. Mouth Alcohol Results in False High BAC Levels
DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue; this is known as “alveolar air.” However, there are many ways in which residual alcohol can remain in your mouth and give an inaccurate reading.
- Dental work trapped small amounts of alcohol-soaked food in your teeth,
- You burped or regurgitated.
- You suffer from acid reflux, heartburn, or GERD.
- You consumed medicines containing alcohol (many cough syrups)
- You used mouthwash or mouthspray
9. Low Carb Diet can render False BAC Test Results
Conditions such as diabetes or an Atkins-style diet that is low-carbohydrate, high-protein, or hypoglycemia can trick a DUI breath test and result in a false high BAC.
On a high-protein diet like Atkins, the body produces ketosis as it burns stored body fat for energy. Consumption of carbohydrates during ketosis can cause the body itself to produce a substance called “isopropyl alcohol” and most DUI breath tests can’t distinguish between “isopropyl alcohol” from ethanol (the alcohol that we drink and that causes impairment).
10. Blood Tests Aren’t Very Accurate Either
There are multiple factors that could taint the results of your DUI blood test results:
- Blood formation
- Blood contaminiation
- Improper storage of your blood sample
10. Field Sobriety Tests Are Not Accurate.
California field sobriety tests (“FSTs”) are not accurate indicators of impairment. In fact they are only 65%-77% accurate at detecting impairment.
Innocent explanations can also explain poor performance on Field Sobriety Tests, such as officer-induced intimidation, allergies, fatigue, eye irritation, embarrassment, frustration, and/or nerves.
11. The DUI Standardized Field Sobriety Tests Were Not Properly Administered
The National Highway Traffic Safety Administration (NHTSA) devised national standards for how DUI officers are to administer the three standardized field sobriety tests:
1. one leg stand,
2.walk and turn or walk the line
3. Horizontal Gaze Nystagmus (HGN)
But DUI officers often fail to adhere to these national guidelines. Many never even received training as to the NHTSA guidelines. This opens up their whole DUI investigation to attack.
12. The Non-Standardized Field Sobriety Tests Lack Reliability
The non-standardized field sobriety tests include (among others): the finger-to-nose test, the finger count test, the hand pat test, the coin pickup, the alphabet test, the reverse counting test, and the Rhomberg test (tilting your head back and estimating 30 seconds). The National Highway Traffic Safety Administration (NHTSA) has set no standards for how to administer these tests and these tests often have less accuracy.
13. You Were Not Driving
The police must prove more than just that you were under the influence; they must also prove that you were driving. For instance, if you were involved in an accident and no one saw you driving your car, or the police found you when you were in your parked car, it will be more difficult for the prosecution to prove that you drove.
14. A “Disconnect” May Exist Between Your BAC And Symptoms Of Intoxication
Sometimes the BAC results will not accurately reflect someone’s impairment. For instance, someone’s BAC reading comes back two or three times the legal limit. However, the person’s driving behavior and field sobriety test results are consistent with sobriety or only slight impairment. When the blood alcohol level does not match up with the symptoms expected at that level that is referred to as a “disconnect case” and will weaken the prosecutions case against you.
15. Inherent Error Rate In DUI Blood and Breath Alcohol Testing
Even if the officer did everything “by the books” an inherent error still exists and the results can still be inaccurate. Most experts agree the inherent error rate is about +/- .02 for DUI breath testing and +/- .005 for DUI blood testing.
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