Sunday, December 29, 2013

How is Excessive Force in a DWI Arrest Determined?

When police officers apprehend a person over suspicions of DWI, the law requires them to follow certain procedures. It is because of these procedures that many arrests proceed without trouble. Unfortunately, there can be times when police officers use too much force on an individual they’re arresting.

The majority of North Carolina law officers perform their job and serve the community well. However, when officers exceed their authority and injure the people they are required to protect, it might constitute a civil rights violation and the injured parties can claim compensation.

How does one determine if an officer is behaving reasonably or is already using excessive force? Different factors that must be assessed include the suspect’s behavior (is he being uncooperative and posing a threat to officers?), the extent of the injuries sustained by the suspect, and the actions permitted an officer in the jurisdiction he serves. Evidence from witnesses and video footage also come to play.

The manner in which a police officer behaves during a DWI arrest can play a huge role in how you defend yourself against the charge. Every facet of police conduct—from what they do or say to how they gather evidence during your arrest—needs to be examined.

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