What are common mistakes made during a DWI arrest, and how can you fight them? Christopher Combs and Steven Waterkotte of Combs Waterkotte discuss common ways to fight DWI arrests or convictions.
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Interview Transcript
Scott Michael Dunn: What are common mistakes made during a DUI arrest?
Chris Combs: There’s a handful. I would say one of the reasons we threw out “You definitely need to call an attorney,” is because law enforcement is not going to say, “Hey, would you like your 20 minutes to now call a lawyer?”
However, on the license side of things, we’re able to get things thrown out. That is something per NHTSA, National Highway Safety Transportation Manual. Procedurally, you have to give someone who asked to speak to a lawyer a 15 minute observation period. Officers are supposed to observe you for 15 minutes, check your mouth, things of that nature.
I’ve had cases where the cop starts the observation period, and then stops it and the guys in cuffs in the back while he’s driving him to the station. So how do you observe him?
We’re looking for these unforced errors in these alcohol influence reports. The timing of everything is very important. Very technical [are] DWIs. But those are just a couple that we see, quite often.
Scott Michael Dunn: Sure. Excellent.
Chris Combs: And there can be issues with the breathalyzer machine. Did that officer have that proper permit to operate that device? When’s the last time that device was calibrated? Was it registered with the Missouri Department of Health and Senior Services?
Anyway, I could go on and on. There’s lots we look for. Many things we look for.
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