I Was Arrested and Charged With DUI, Does This Mean I Am Guilty of DUI? What Are the Legal Defenses for DUI?
Just because you were charged with a DUI in Gainesville or Alachua County does not mean you are guilty of DUI. There are a number of legal challenges or defenses that can result in your case being dismissed by the judge or prosecutor.
Here are the top five legal challenges or defenses to a DUI:
- Did the police officer have a lawful reason to stop you? This is called Probable Cause. The officer must have a legal reason to pull you over such as: speeding, careless driving, or crossing into the other lane to name a few.
Carey Meldon Tip: Just because the officer said there was probable cause to pull you over, does not necessarily make it true. You are entitled to an independent evaluation by a judge. Many cases have been completely dismissed because it was proven that the officer did not have a legal basis to stop you in the first place.
Did the police officer have the right to make a stop in the location where he or she stopped you? Every police officer has a certain Jurisdiction, the place where they are authorized to act as a law enforcement officer. For example, an officer from Miami cannot come to Gainesville and make an arrest; it would be outside their jurisdiction.
Field Sobriety Testing Conditions: Were the conditions under which the Field Sobriety Tests (FST) given, conducive to proper testing? The purpose of the FST is to prove that a person is impaired. However, these “tests” have been proven to be unreliable even if given under perfect conditions.
Carey Meldon Tip: It is important to document the conditions under which your FST were preformed. Such as ground levelness, lighting, ground surface, weather conditions, etc. If it can be shown that the conditions were less than ideal, it means that the tests are not reliable evidence.
Carey Meldon Tip: This is another reason why it is important to hire local and experienced legal representation ASAP, so they can document the conditions as road conditions can change.
- Can the results of the breath test (BT) be used as evidence against you; Breath Test Admissibility. The purpose of the BT is to measure a person’s blood alcohol content at the time they were driving. This device (CMI Intoxilyzer 8000) is supposed to be able to do this by converting the amount of alcohol in your breath to the blood alcohol concentration in your body. However, there are many reasons that the breath test results may be kept out of court, such as, if it can be shown that the breath test machine was not working properly or that the breath test was not administered according to the rules. Read my library article, CMI Intoxilyzer 8000 Breath Testing Machine Information & Problems with it for DUI police arrests in Gainesville Florida, attorney lawyer defenses
Carey Meldon Tip: There are many problems associated with breath testing and breath testing machines, and in fact the machines have never been scientifically proven to be completely accurate.
Carey Meldon Tip: Hire an experienced Gainesville DUI attorney that is up to date on the technology being used and the top, cutting edge, legal defenses. This will greatly increase your chances of keeping the breath testing results from being admitted in court, which could lead to a not guilty verdict for DUI or a plea to a lesser charge.
- The quality of the police officer and their investigation: There are many issues that a skilled DUI attorney will evaluate when researching the officer’s experience, history and the quality of their reporting or investigation.
Carey Meldon Tip: This is another reason to hire a local and experienced DUI team to represent you. Knowing the police officers and their histories is valuable information in helping win a DUI case.
Call today for help. 800-373-8000. Consultations are free.
Remember, the only sure way of avoiding the lifelong consequences of a DUI conviction is to not drink and drive!
However, if it is too late, do not make another mistake – hire an experienced DUI/DWI lawyer to represent you and do it ASAP, don’t wait! You can contact us today at 800-373-8000.
The experienced Trial Lawyers at Meldon Law are dedicated to preserving the rights of the accused.
Pictured above – Ian Pickens, Carey Meldon, Jeffrey Meldon, and Kenneth Ferguson, a combined 60 years of legal experience representing people in Florida accused of DUI/DWI and other criminal charges. They wrote the DUI Guide for the 8th Circuit – Ways to Possibly Avoid a DUI Charge or Conviction. Request your free copy today.
This free no obligation book, written by a team of experienced DUI defense criminal trial lawyers, gives insight into what a DUI charge is, ways the State can prove the charge, and possible legal defenses.
Being charged and convicted of DUI is best avoided by not drinking and driving! This book also gives information on what it takes to be over the legal limit, how alcohol affects the body, plus much, much more!