Sometimes, but not often a police officer can forget to ask you to provide a breath sample, realized it later and couldn’t fix his mistake so he covered it up by saying you refused. Other times, an officer will simply say that you refused based on allegations of aggressive or defiant behavior. There are also situations where an officer doesn’t want to deal with the process and writes you down as a refusal to avoid additional paperwork. These things happen which is why it is very important to have a DUI defense attorney working for you right away after your arrest for DUI in Ft. Lauderdale, Broward County or Broward County.
A criminal defense lawyer will ask the court for permission to take the depositions of each officer and witness in your DUI case. At these depositions, your DUI defense lawyer can ask the police detailed questions about each phase of the investigation and arrest. Most often, lazy officers are exposed through this process. Officers who write vague reports will try to substitute their “memory” for what is missing from their report. Whenever an officer says “My best recollection is…” what he really means is “I didn’t take the time to write that down, so I am going to wing it right now”. Don’t fall victim to lazy officers, get an experienced DUI defense attorney to fight back.
