Winter Haven DUI attorney challenges breath test results and DUI investigation in court

On Thursday, I was in the Winter Haven court house fighting a DUI for my client.  Many people do not understand what a DUI attorney does to defend someone accused of DUI.  An experienced DUI defense attorney will get the videos and police reports in your case.  The attorney then reviews them for legal issues that will make your DUI case better in court.

In this case, the video captured my client’s driving pattern.  Because my client did not have any improper driving on the video we challenged the officer’s stop of the vehicle.  If a driver is not committing any traffic infractions, not swerving, drifting, weaving in their lane, or speeding, why is the officer pulling the driver over?  A DUI officer needs probable cause that you are committing a crime.  If there is no improper driving, the deputy does not have the right to pull you over.  If the stop is ruled illegal by the court, the entire DUI case will be dismissed.  Any evidence collected, including the officer’s observations of how the driver performed on the field sobriety exercises and the breath test results would be suppressed.  This means the evidence would be thrown out of court and excluded from the prosecutor’s case.  Without this evidence, there would be no evidence of a DUI.

In addition to the stop, I was also challenging the breath test results.  There are a number of rules governing the breath test machine.  The Intoxilyzer must be properly maintained.  That means it must be inspected on a yearly and monthly basis.  If there are problems with the machine, it must be repaired correctly.  There are also rules as to who may give a breath test including holding a Breath Test Operator’s (BTO) permit.  In this case, I was challenging the jurisdiction to give a breath test to my client.  It is a unique argument not made by many DUI attorneys, but an aggressive DUI lawyer needs to challenge the evidence in court against you in order for you to get the best result.

In order to be aggressive, you need a DUI attorney that knows the law, the rules governing breath tests, and the Florida Rules of evidence.  I stay up to date on the latest issues in DUI cases and attend the DUI seminars so my clients get the best defense to their DUI case.

Time is of the essence in a DUI case.  You only have 10 days to request a Formal Review of the ‘Implied Consent” suspension of your license so call my cell phone now. 

Aggressive Polk DUI attorney Thomas C. Grajek

863-838-5549 cell

 

 

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

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