EVALUATING YOUR FLORIDA DUI CASE
The first thing to look at in a DUI case is the stop. A law enforcement officer must have a stated legal ground to stop your vehicle. Sometimes an officer made believe that a driving pattern justifies a stop, when legally that may not be correct.
Challenging the stop
Suppressing the evidence
Challenging the breath test
An experienced Florida DUI attorney will be familiar with case law and rulings regarding stop issues. You should discuss these with your attorney. Also, there are specific statutory rules and procedures that must be specifically adhered to regarding the offering and taking of a breath test, blood test, or urine test. If these procedures are not followed, the results of any these tests may not be admissible in court. Florida has what is called an implied consent law. It is implied that you have consented to a breath test if the officer has cause to believe that you are driving under the influence. However, you do have the ability to refuse or decline this test. Under certain circumstances, an officer may also request a urine test. This is most often for
the detection of control substances are chemicals. There are also certain rules in regards to the manner of this request and the admissibility of the results.
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If you were involved in an accident and either you or another person were taken to the hospital there are procedures which must be followed by law enforcement in either requesting breath, or blood. If there are serious personal injuries and officer may be able to take your blood even without your consent. If it is impractical or a possible to administer or give a breath test when someone has been transported to a hospital and officer may request blood as an alternative. The state attorney may also
make a request for hospital records. Notice must be given to the patient for records are released and your attorney has an opportunity to object to these records. You should talk with your DUI defense attorney about your particular circumstances.
It is important to discuss all of these matters thoroughly with your DUI defense attorney. Each case is different. Your discussions with your attorney are confidential.
If procedures were not properly followed or there are other grounds on which your attorney can file a motion, breath, blood, or urine test may be inadmissible. Motions can be filed in that regard. If they are granted this can greatly affect the viability of your charges and the possible disposition or outcome.
The state of Florida uses the Intoxilyzer 8000. This is manufactured by a company called CMI. In talks allies are records are public records under Florida law. We have access to maintenance records, repair records, inspection records, correspondence, and other vital information regarding each breath testing machine which is used in the state of Florida. Challenges may arise because of issues or problems within individual machine, how it is maintained, the room in which is kept, and the operator.
Field sobriety exercises
Most often when a person is suspected of DUI the officer request them to take field sobriety exercises. This is a series of dexterity exercises which the police use to present evidence of what they believe to be impairment due to alcohol or drugs. Most often the exercises given our the walk and turn test and the one leg stand. Other exercises may include the finger to nose and the alphabet exam. Of course, everyone has different levels of physical dexterity and balance. Similarly, due to age or weight certain people may have difficulty with physical dexterity exercises. In fact, the training manual used by most law enforcement agencies informs officers that alternate tests should be performed for people with physical or weight problems. If officers do not do this, the use of these exercises can be challenged. An experienced DUI defense attorney will be experienced in the cross examination of the state’s witnesses and police officers. We can get access to and obtained copy of any videotapes made of roadside sobriety exercises. We will review those with you and compare them to other evidence or witnesses in the case. Use of videos may be limited because of other traffic in the area, lighting, or the manner in which the exercise was performed. These are matters which we will discuss thoroughly with you and going over your case.