If you have been arrested for and arraigned with driving under the influence, you may be concerned about the result of your case. Perhaps a breathalyzer test indicated that you're indeed intoxicated. You might think that this proof will guarantee that you'll be discovered guilty if you go to trial, but this doesn't have to be the situation. DUI lawyers know very well what arguments could make evidence less compelling or even make it invalid.
One point your attorney could make is that the results of the breath analyzer test were skewed because of a pre-existing medical condition that you have. Breath screening works by measuring the levels of alcohol present in a sample of a person's breath, yet this kind of technology is not foolproof. It may not have the ability to filter other components that could test positive during a breathalyzer test. Conditions like diabetes, ketosis, and acid reflux disease could lead to imprecise outcomes.
Your lawyer can also argue that the law enforcement officer who conducted a breath analyzer test didn't abide by standard protocol. States as well as police departments follow different protocols. Some protocols that should be put into practice include administering the test at the correct time so outcomes will not be affected by presence of residual alcohol or making sure that the testing place is free from any form or radio frequency disturbance. Radio frequency disturbance can be induced by a cellular phone, leading to questionable results.
The DUI attorney may also debate if the arresting officer did not obtain the approval of the motorist prior to taking the test. Police officers shouldn't forget to point out to the individuals that they pull over that they could say no to the breathalyzer test. An officer who pushes a driver to accept the test or tells the individual that charges are going to be nastier if he or she does not take the examination can be breaking due process. In this case, the judge may not accept the outcomes of the breath test as an evidence in trial.
A similar discussion that a DUI lawyer can make is that the police officer did not have probable cause to stop the offender to start with. In accordance with United States Supreme Court case law, law enforcement officers can't halt a car except if they have probable cause that the law is being violated. It means that any reasonable individual would be convinced that the individual behind the wheel or the passengers are violating legislation. If there wasn't any probable cause to stop the motor vehicle, any evidence obtained from that stop would be inadmissible. This involves the outcomes of a breathalyzer test. It's the lawyer who'll persuade the court that there wasn't any probable cause and so the judge could leave out the examination results during trial.
One point your attorney could make is that the results of the breath analyzer test were skewed because of a pre-existing medical condition that you have. Breath screening works by measuring the levels of alcohol present in a sample of a person's breath, yet this kind of technology is not foolproof. It may not have the ability to filter other components that could test positive during a breathalyzer test. Conditions like diabetes, ketosis, and acid reflux disease could lead to imprecise outcomes.
Your lawyer can also argue that the law enforcement officer who conducted a breath analyzer test didn't abide by standard protocol. States as well as police departments follow different protocols. Some protocols that should be put into practice include administering the test at the correct time so outcomes will not be affected by presence of residual alcohol or making sure that the testing place is free from any form or radio frequency disturbance. Radio frequency disturbance can be induced by a cellular phone, leading to questionable results.
The DUI attorney may also debate if the arresting officer did not obtain the approval of the motorist prior to taking the test. Police officers shouldn't forget to point out to the individuals that they pull over that they could say no to the breathalyzer test. An officer who pushes a driver to accept the test or tells the individual that charges are going to be nastier if he or she does not take the examination can be breaking due process. In this case, the judge may not accept the outcomes of the breath test as an evidence in trial.
A similar discussion that a DUI lawyer can make is that the police officer did not have probable cause to stop the offender to start with. In accordance with United States Supreme Court case law, law enforcement officers can't halt a car except if they have probable cause that the law is being violated. It means that any reasonable individual would be convinced that the individual behind the wheel or the passengers are violating legislation. If there wasn't any probable cause to stop the motor vehicle, any evidence obtained from that stop would be inadmissible. This involves the outcomes of a breathalyzer test. It's the lawyer who'll persuade the court that there wasn't any probable cause and so the judge could leave out the examination results during trial.
About the Author:
Learn more about DUI lawyers in Orlando. Stop by Bob Parler's YouTube channel to see how the best Orlando DUI lawyers can help you in your time of need.
No comments:
Post a Comment