As a Michigan DUI lawyer, I know that an OWI charge must be based on evidence. Whether a case is solid or not depends entirely on the strength of that evidence. Just about every lawyer with a website is going to say something about evidence. Some, more than others, talk a really good game about how they’ll evaluate it, and even challenge it. While that all sounds great, I think it’s time we take a step back and briefly explain what all that really means, or at least should mean.
Perhaps the best known component of the evidence that makes up a criminal or DUI case is the police report. In a perfect world, this report would be an accurate, complete, and unbiased account of exactly what happened in any given case. However, it is impossible for an officer on the scene to NOT bring a biased perspective to the table, because the only thing he or she can do, at best, is recall what he or she observed, and observation is always a matter of perspective.
It would be no different, really, if the person arrested for the DUI was required to write a report. It doesn’t matter how honest a person arrested or the police officer may be; both parties are going to recall things a bit differently because of their different perspectives. If this wasn’t universally true, there would be no need for instant replay in football, and you’d never see a blown call in any sport. While the police report is always a key part of the evidence in any case, it is important to note that it is only one piece of a much larger puzzle.