If you have been arrested for and arraigned with driving under the influence, you might be concerned with the result of your case. Maybe a breath analyzer test demonstrated that you are indeed drunk. Persons feel that failing the breathalyzer test will demonstrate that they're guilty, but this does not happen always. DUI lawyers can make several arguments to have the proof inadmissible or to make it seem much less forceful.
One argument your lawyer can make is the results of the breathalyzer were skewed due to a pre-existing medical condition that you have. A breathalyzer test measures alcohol levels in your breath, but this exam isn't always flawless. It may not have the ability to get rid of other substances that may test positive during a breath analyzer test. Diabetes, a dietary ailment called ketosis, and acid reflux disease could all affect the results of a breath analyzer and render it incorrect.
Your attorney can also argue that the police officer who administered a breathalyzer did not follow standard protocol. States and even police departments follow different protocols. Some protocols that must be followed include administering the exam at the correct time so results will not be affected by presence of residual alcohol or making sure that the testing area is free from any form or radio frequency disturbance. Even a mobile phone can already cause radio frequency interference making the outcomes unreliable.
A third justification that a DUI attorney can utilize to argue that the results of a breathalyzer test are inadmissible is that the arresting officer did not truly obtain the subject's permission before he got the test. Police officers should explain to men and women who are stopped for driving under the influence that they can decline to have the breathalyzer test. In case a law enforcement officer demonstrates that the breathalyzer test is mandatory or demonstrates that the caught subjects will deal with harder charges if he or she will not take it, this can be a due process intrusion and a judge may choose to exclude the evidence at trial.
The DUI attorney may also argue if the arresting officer did not acquire the approval of the driver prior to taking the test. It's necessary for the official to let the individual he or she can decline to take the breath analyzer test. If the policeman says that the breathalyzer test is necessary or states that the motorist could have bigger penalties should he or she decline, it can be a violation of due process and the judge might not include it as an evidence while in trial.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
One argument your lawyer can make is the results of the breathalyzer were skewed due to a pre-existing medical condition that you have. A breathalyzer test measures alcohol levels in your breath, but this exam isn't always flawless. It may not have the ability to get rid of other substances that may test positive during a breath analyzer test. Diabetes, a dietary ailment called ketosis, and acid reflux disease could all affect the results of a breath analyzer and render it incorrect.
Your attorney can also argue that the police officer who administered a breathalyzer did not follow standard protocol. States and even police departments follow different protocols. Some protocols that must be followed include administering the exam at the correct time so results will not be affected by presence of residual alcohol or making sure that the testing area is free from any form or radio frequency disturbance. Even a mobile phone can already cause radio frequency interference making the outcomes unreliable.
A third justification that a DUI attorney can utilize to argue that the results of a breathalyzer test are inadmissible is that the arresting officer did not truly obtain the subject's permission before he got the test. Police officers should explain to men and women who are stopped for driving under the influence that they can decline to have the breathalyzer test. In case a law enforcement officer demonstrates that the breathalyzer test is mandatory or demonstrates that the caught subjects will deal with harder charges if he or she will not take it, this can be a due process intrusion and a judge may choose to exclude the evidence at trial.
The DUI attorney may also argue if the arresting officer did not acquire the approval of the driver prior to taking the test. It's necessary for the official to let the individual he or she can decline to take the breath analyzer test. If the policeman says that the breathalyzer test is necessary or states that the motorist could have bigger penalties should he or she decline, it can be a violation of due process and the judge might not include it as an evidence while in trial.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
About the Author:
You can get more info on this DUI lawyer in Orlando and see how this Orlando DUI attorney can help you with your case.
Aucun commentaire:
Enregistrer un commentaire