There are a number of defenses a DUI lawyer can employ to help your case. Here are just a few:
It is common for a police officer to make a traffic stop without the requisite reasonable suspicion. In addition, if you are pulled over for a regular traffic infraction, the officer cannot initiate an investigation for DUI unless he has reasonable suspicion that you are impaired. If a police officer is found to have conducted an improper stop, your attorney can file a Motion to Suppress to move the Court to exclude any evidence found after the traffic stop.
Inaccurate Field Sobriety Test
An attorney may argue that the Field Sobriety Test was inaccurately administered. For example: Was the police officer properly trained? Were there factors that interfered with the test? Were you coerced into performing FSTs? Did the FSTs give the police probable cause that you were driving under the influence?
The police must follow specific procedures if they have you submit to a BAC test. They cannot request a BAC test until after you have been arrested. There must be a 20 minute “observation period” before you take the test, wherein the police must make sure you don’t eat anything or regurgitate, thereby interfering with the test results. The testing equipment must be regularly inspected and maintained to ensure accuracy.
If any of these requirements are not met, the results of a BAC test may be subject to a Motion to Suppress.
What is a Motion to Suppress?
A Motion to Suppress is a request to a judge to exclude certain evidence from being used in a case. A Motion to Suppress is usually filed if law enforcement violated your rights or did not follow proper procedures when they obtained evidence. If the evidence is found to have been obtained illegally by law enforcement, then the judge can prevent such evidence from being used against you—making it that much harder to prosecute your case.
Assistance with DUI from an Experienced Defender
The process of being charged with a DUI can be very stressful for most people. It is a very complex area of law, and self-representation in court may not be in your best interests. A qualified lawyer experienced with DUI procedures will be the best bet to avoid the severe consequences imposed by Florida law. If you have been arrested of a DUI in Florida, contact Orlando DUI attorney Joel Leppard for a free consultation to discuss how to best proceed with your case.