If you have been accused of DUI, there is a huge likelihood you are concerned about the end result of the case. Perhaps a breath analyzer test demonstrated that you are indeed drunk. Many people think that the result of the exam will confirm your guilt when on trial, yet this is not the situation all of the time. There are many arguments a DUI lawyer could make to have the evidence omitted or at the very least make it seem much less powerful.
One argument your attorney can make is the outcomes of the breath analyzer were skewed due to a preexisting condition that you've got. Breath testing works by gauging the levels of alcohol present in a sample of a person's breath, but this sort of technology is not foolproof. It may not have the capacity to get rid of other substances that can test positive in a breath analyzer test. Ailments like diabetes mellitus, ketosis, and acid reflux disease could lead to imprecise results.
Your lawyer could also argue that the police officer who administered a breath analyzer test did not abide by standard protocol. Standards differ per state and even per police department. Some examples of these guidelines are administering the breath analyzer test in an area free from radio frequency and awaiting the correct time to give the examination so residual alcohol will not invalidate the final results. Even a cell phone could already cause radio frequency interference making the results not reliable.
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.
It's also possible for the lawyer to state there was no probable cause for the officer to stop the individual. The United States Supreme Court case law doesn't permit police officers to stop a motor vehicle unless they see a probable cause that the driver is breaking a law. It means that a sensible individual would have to believe that the motorist or passengers were in violation of a law. Without having probable cause, proof obtained can become unacceptable. It could include the results of a breathalyzer test. It's the attorney who will convince the court that there wasn't any probable cause and so the judge can leave out the examination results in trial.
One argument your attorney can make is the outcomes of the breath analyzer were skewed due to a preexisting condition that you've got. Breath testing works by gauging the levels of alcohol present in a sample of a person's breath, but this sort of technology is not foolproof. It may not have the capacity to get rid of other substances that can test positive in a breath analyzer test. Ailments like diabetes mellitus, ketosis, and acid reflux disease could lead to imprecise results.
Your lawyer could also argue that the police officer who administered a breath analyzer test did not abide by standard protocol. Standards differ per state and even per police department. Some examples of these guidelines are administering the breath analyzer test in an area free from radio frequency and awaiting the correct time to give the examination so residual alcohol will not invalidate the final results. Even a cell phone could already cause radio frequency interference making the results not reliable.
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.
It's also possible for the lawyer to state there was no probable cause for the officer to stop the individual. The United States Supreme Court case law doesn't permit police officers to stop a motor vehicle unless they see a probable cause that the driver is breaking a law. It means that a sensible individual would have to believe that the motorist or passengers were in violation of a law. Without having probable cause, proof obtained can become unacceptable. It could include the results of a breathalyzer test. It's the attorney who will convince the court that there wasn't any probable cause and so the judge can leave out the examination results in trial.
About the Author:
When you're looking for a DUI lawyer Orlando, then check out these videos about lawyers in Orlando for your needs.
Aucun commentaire:
Enregistrer un commentaire