If you have been busted for and arraigned with driving under the influence, you might be worried about the outcome of your case. Perhaps a breath analyzer test revealed that you're indeed intoxicated. Most people think that the result of the test will demonstrate your guilt once on trial, but this is not the case all of the time. There are many arguments a DUI lawyer can make to get the evidence excluded or at least make it seem less convincing.
One point your lawyer can make is the outcomes of the breathalyzer were skewed because of a pre-existing medical problem you have. Breath testing works by gauging the levels of alcohol present in a sample of the person's breath, but this sort of technology is not foolproof. There are substances it can't filter out, bringing about a positive result. Diabetes, a diet ailment called ketosis, and acid reflux disease can all affect the outcomes of a breath analyzer and render it incorrect.
Another discussion your lawyer could make is when the policeman didn't adhere to protocols during the breathalyzer test. Protocols differ per state and even for every police department. Some typical samples of proper protocol include patiently waiting to administer the breathalyzer so that residual alcohol doesn't affect the outcomes or keeping the place where the test is administered free from radio frequency disturbance. Radio frequency interference can be induced by a cell phone, resulting in unreliable results.
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.
A similar discussion that a DUI lawyer can make is that the police officer did not have probable cause to stop the offender to start with. In accordance with United States Supreme Court case law, law enforcement officers can't halt a car except if they have probable cause that the law is being violated. It means that any reasonable individual would be convinced that the individual behind the wheel or the passengers are violating legislation. If there wasn't any probable cause to stop the motor vehicle, any evidence obtained from that stop would be inadmissible. This involves the outcomes of a breathalyzer test. It's the lawyer who'll persuade the court that there wasn't any probable cause and so the judge could leave out the examination results during trial.
One point your lawyer can make is the outcomes of the breathalyzer were skewed because of a pre-existing medical problem you have. Breath testing works by gauging the levels of alcohol present in a sample of the person's breath, but this sort of technology is not foolproof. There are substances it can't filter out, bringing about a positive result. Diabetes, a diet ailment called ketosis, and acid reflux disease can all affect the outcomes of a breath analyzer and render it incorrect.
Another discussion your lawyer could make is when the policeman didn't adhere to protocols during the breathalyzer test. Protocols differ per state and even for every police department. Some typical samples of proper protocol include patiently waiting to administer the breathalyzer so that residual alcohol doesn't affect the outcomes or keeping the place where the test is administered free from radio frequency disturbance. Radio frequency interference can be induced by a cell phone, resulting in unreliable results.
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.
A similar discussion that a DUI lawyer can make is that the police officer did not have probable cause to stop the offender to start with. In accordance with United States Supreme Court case law, law enforcement officers can't halt a car except if they have probable cause that the law is being violated. It means that any reasonable individual would be convinced that the individual behind the wheel or the passengers are violating legislation. If there wasn't any probable cause to stop the motor vehicle, any evidence obtained from that stop would be inadmissible. This involves the outcomes of a breathalyzer test. It's the lawyer who'll persuade the court that there wasn't any probable cause and so the judge could leave out the examination results during trial.
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