50 Ways To Beat a Florida DUI Charge
50 Ways to Beat a Florida DUI !!This list of 50 ways to beat a Florida DUI is just a sample of the ways in which a Qualified DUI Firm could beat your Florida DUI charge. Effective questioning of the police at every stage of the litigation process is crucial. In order to do this, your attorney needs to KNOW DUI LAW, PERIOD! You NEED a QUALIFIED DUI FIRM! Remember, the State has to prove each element of your DUI beyond every reasonable doubt! Unless properly challenged, the State will not dismiss or reduce your charge. 1. ILLEGAL STOP 1. ILLEGAL STOP- You cannot be stopped unless the officer can provide a reasonable basis to believe that a traffic law or other law has been violated. But be careful, if the cop is not questioned properly, a smart cop knows how to tap dance around these questions and may still be able to justify the stop, believe it or not! Our "in-house" Investigator, thorough detail and effective questioning of the police should help if this is the case! 2. ANONYMOUS REPORT OF DRUNK DRIVING- the officer must also observe a law violation, otherwise anyone can simply call the police on their neighbor every time they felt like doing so, thereby resulting in an unlawful detention! A car cannot be stopped simply because an anonymous citizen called 911 and reported that the driver was drunk or driving recklessly. But, even if this is the case, smart cops may still attempt to justify the stop, oftentimes by way of perjured testimony. Law Enforcement Dispatch Recordings can be an effective way to prevent it from happening! An aggressive and Qualified DUI Law Firm that FIGHTS DUI charges every day can help! 3. INACCURATE OR INAPPLICABLE FIELD SOBRIETY TESTING- For example, in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Plus, national studies have determined that persons with injuries, medical conditions, 50 pounds or greater over weight, and 65 years or older cannot be expected to do the FSE's accurately. Nonetheless, even DUI enforcement officers will attempt to use this evidence against you and never mention any of this to the State or the Jury (if your case went to trial). You need a Qualified DUI Firm who is specially trained in the administration and evaluation of FSE's, and who knows the history and scientific studies of their validity, to Defend You! You need an attorney who has received national training in the administration and evaluation of FSE's! 4. FAILURE TO CONDUCT OBSERVATION PERIOD- Florida law requires that law enforcement observe you continuously for a minimum of twenty minutes prior to a breath test. Otherwise, the results of the test are inadmissible and will be suppressed! "). A Qualified DUI Firm knows what to look for in the records and how to Question the Police effectively to determine if this is a possible issue in your case which may get the breath test suppressed - and demonstrate Reasonable Doubt of your DUI! 5. DUI VIDEOS- Sometimes the suspect's driving pattern and performance during Field Sobriety Exercises is being recorded, often contradicting police testimony. Preparation is the key and you need a Qualified DUI Firm that has dedicated the necessary personnel and resources to prepare your case, to know what to look for in a traffic pattern, to know what to look for during FSE's, and finally, to know what to do with it. For example, if an officer puts things in his/her report, or states things under oath that is contradicted by the DUI video, it could snowball and affect other important things in his/her report and/or testimony regarding issues which were not video-taped! 6. FOLLOW YOUR ATTORNEY'S PRE-TRIAL ADVICE- If your attorney hasn't given you any pre-trial advice, recommendations or instructions, then something is WRONG! If you follow your attorney's advice regarding pre-trial requirements, then you stand a much better chance at beating your DUI than if you don't. You need a Qualified DUI Attorney that understands the system and what may work to help obtain the results you want! 7. FSE's IMROPERLY ADMINISTERED OR EVALUATED- According to the National Highway and Traffic Safety Administration (NHTSA), improperly administered field sobriety exercises (FSE's) are not valid evidence of intoxication. Likewise, the improper evaluation of a subject's performance on FSE's reduces the exercises value in the case. You need a Qualified DUI Firm that regularly challenges the officer's performance in administering and evaluating FSE's on your side! DUI Firms that are serious about DUI Defense and protecting the rights of its clients will be specially trained in the administration and evaluation of FSE's through National Training which uses National course curriculum and the Nation's best DUI Experts to teach it, not simply a local course in Jacksonville or Orlando. Your performance on the FSE's are the single most important thing in which the State Attorney and the officer will use to prove your impairment, so you need someone on your side that knows FSE's even better! 8. INDEPENDENT WITNESSES- Oftentimes, witnesses such as independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the Defendant's sobriety, amount of alcohol consumption and time of consumption, or lack of signs of impairment, thereby contradicting officer's reports and testimony. A Qualified DUI Firm will ask you for detailed information about the circumstances surrounding your arrest and the events leading up to your arrest. Our "in-house" Investigator and thorough detail may prove to be the difference! 9. INCONSISTENT STATEMENTS BY POLICE OFFICERS- Any statement made by a police officer, whether verbally, in police reports, at the DMV hearing, or at previous court proceedings - may be used to attack that officer's credibility. Effective Questioning of the Police is critical to your defense - to demonstrate contradictions by the officer himself, and contradictions between the various officer's involved in your case. Your attorney needs to understand the importance of detailed questioning regarding every possible issue in your case, whether it pertains to your driving pattern, your intitial contact with the officer and his observations and questioning, your performance on FSE's or the breath testing procedures. Only an attorney who KNOWS DUI law should represent you - better yet, you may want a Law Firm that has made DUI Defense a priority in their organization - represent you! 10. MISLEADING STATEMENTS REGARDING BREATH/BLOOD/URINE TESTS- Misleading statements by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test may result in a dismissal of your DUI and/or your license suspension to be reversed. It is imperative to have a Qualified DUI Attorney representing you who knows and understands Florida's Implied Consent Laws, what may constitute duress or coercion in the testing procedures, and knows how to Question the Police effectively. 11. FORCED BLOOD DRAWS- there are several areas in which an officer may make a mistake in the area of blood draws. Since most cops are simply unfamiliar with the blood testing procedure, or under what circumstances they can actually take blood, this is an area that a Qualified DUI Firm may be able to exploit! So, you need an attorney and a firm that understands the blood testing laws and procedures to handle your case if blood was taken. In most cases the police may not take a blood test against the driver's consent unless there was serious bodily injury involved - that's it! 12. ILLEGAL DUI ROADBLOCK OR CHECKPOINT - UNCONSTITUTIONAL- More and more we are seeing Police interfere with our freedom of movement along the roadways. Although some law enforcement agencies may very well have the interests of the public at heart - safety, we have a constitutional right not to be illegally detained. For a Roadblock or Checkpoint to be legal and valid, the agency must follow strict set of uniform guidelines. You need an attorney who knows and understands the constitutional issues surrounding the establishment and performance of a roadblock to help you in this situation, as well as a Qualified DUI Firm. A Serious DUI Firm should be familiar with Roadblock cases, otherwise you'll need two (2) attorneys on this type of case to get it handled right! 13. MEDICAL AND HEALTH PROBLEMS- Medical problems with legs, arms, neck, back, ears and eyes, among other things, can affect the results of field sobriety exercises. Further, other medical conditions can also affect the validity of breath test results, such as diabetes. 14. BOOKING ROOM VIDEOS- Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. 15. EXTRAPOLATION OF YOUR BREATH TEST- the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when you were operating the automobile. the State will often identify an "extrapolation expert" (usually a toxicologist) to testify in cases where your breath or blood test results are below the legal limit (like .05 or higher). they do this to attempt to prove that since your test was done one or 2 hours after the traffic stop, your B.A.C. (breath/blood alcohol concentration) was higher at the time you were driving (and actually higher than the legal limit of .08). Well, a Qualified DUI Attorney can use the same theory to possibly demonstrate that your B.A.C. was under the legal limit at the time of driving (usually in cases .10 or lower, and based on time of consumption and other factors that impact "absorption rate"). A Qualified DUI Firm knows what to look for in these types of cases and how to question the police effectively to determine all of the possible issues in your case - and to demonstrate Reasonable Doubt of your DUI! 16. FAILURE TO MIRANDIZE- An officer's failure to issue you Miranda Warnings - "the Right to Remain Silent....Right to an Attorney" may prove important in defending you against your DUI charge. Oftentimes, cops fail to recognize this important constitutional right and simply don't give it! Questioning the police effectively will help determine if any of your rights were violated! If the officer violated these rights, it may bring other aspects of his or her investigation and arrest into question, possibly leading to the dismissal of your charges! 17. NON-STANDARDIZED FIELD TESTS ARE INVALID- Neither the Federal Government - National Highway Traffic Safety Administration (NHTSA), nor medical science considers touching your finger to your nose (Finger-to-Nose test), saying the alphabet (Rhomberg Alphabet), or counting backwards, as valid sobriety tests. Often times in a DUI case, these tests are the ones the officer is relying on most, especially if the other standardized tests were not done, were done inaccurately or have been suppressed from evidence! So, exploiting the inaccuracies and unreliability of these tests may be the straw that breaks the camels back - and gets your DUI Dismised! 18. POST-DRIVING ABSORPTION OF ALCOHOL- the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile, or consumption following an accident and before police arrival, would result in an inaccurate level. A Qualified DUI Firm knows what to look for in these types of cases and how to question the police effectively to determine all of the possible issues in your case - and to demonstrate Reasonable Doubt of DUI. 19. FAILURE TO PROVE DRIVING- A Defendant's admission to driving without more, does not prove a charge of driving under the influence. the officer usually needs to see the Defendant in or on the vehicle to prosecute for DUI! 20. MITIGATION & NEGOTIATION- "Mitigation" is generally the reasons why you should you be treated differently than everyone else, or why you should be given a break. For example, your job, license, financial burden, education, future, your history, etc. Unlike many crimes, even felonies, DU's are very seldom reduced or dismissed simply because it was someone's first criminal offense or because of how the charge may affect someone's livelihood. State Attorney's are more often scrutinized in DUI cases than any other type of criminal case! With that said, a Qualified DUI Firm may still be able to help through aggressive and thoughtful mitigation and negotiations with the State. You need a law firm and an attorney that are mitigation experts!
22. OFFICER'S PRIOR DISCIPLINARY RECORD- A police officer's previous disciplinary record can be used to attack the officer's credibility. For example, a history of aggressive or abusive behavior may tend to show that the officer "jumped to conclusions" in making a DUI arrest. Or, it may be excellent justification when a subject refused to take a breath test (because the officer was belligerent, demanding, impatient or in other cases, abusive). If these issues are brought to light, it may be enough to get your case resolved in your favor! 23. POLICE BLOOD TEST INACCURATE- Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation requirements. 24. VEHICLE INOPERABLE- Police cannot arrest you for DUI if the Vehicle in which they found you in is not operable, regardless of whether the keys were in the ignition or not. For example, if your car cannot be operated, you may have a valid defense to the charge of DUI! 25. ONE BREATH TEST IS INACCURATE- Virtually all experts concede that one breath test alone is unreliable. That's why Florida Law requires two (2) breath samples to be collected. Let's face it, intoxilyzers and breathalyzers are nor foolproof. You need a Qualified DUI Firm that understands the "ins-and-outs" of all of the breath testing procedures and requirements. 26. BREATH TEST OPERATOR UNLICENSED- A Florida Breath Test Operator must possess a valid, unexpired operator's license, or the breath test result is inadmissible. 27. BREATHALYZER MACHINE MALFUNCTIONS- If there is a history of malfunctions or repairs of the breath test instrument, the results of your test may be brought into question, especially if the field exercises (or the officer had limited clues of impairment) do not clearly demonstrate impairment. You need a Qualified DUI Firm who knows what to look for and how to get it! 28. RANDOM SELECTION OF VEHICLES - ROADBLOCK- Police cannot randomly select the vehicles to be stopped for a roadblock or checkpoint. there must be an established selection process such as every vehicle, or every other vehicle, or every fifth vehicle. Random selection has been found by the Appellate Courts to be unconstitutional due to the significant likelihood of discrimination to motorists. If the selection of vehicles is not established and followed, then the entire Roadblock will be deemed unconstitutional and your case dismissed completely! Again, you need an attorney who knows and understands the constitutional issues surrounding the establishment and performance of a roadblock to help you in this situation, as well as a Qualified DUI Attorney. A Serious DUI Attorney should be familiar with Roadblock cases, otherwise you'll need two (2) attorneys on this type of case to get it handled right! 29. EXPERT WITNESSES - Expert witnesses are available to review the validity of 30. BAD WEAtheR- Weather reports establishing high winds, low visibility, and 31. LACK OF PROBABLE CAUSE - A police officer must have specific and articulable facts to support any arrest for DUI, or your license suspension will be reversed 32. BLOOD DRAW NOT PRACTICAL - Again, since most cops are simply unfamiliar with the blood testing procedure, or under what circumstances they can actually take blood, this is an area that a Qualified DUI Firm may be able to exploit! So, you need an attorney and a firm that understands the blood testing laws and procedures to handle your case if blood was taken. Florida Law provides that if a breath test is impractical and you are at a hospital (or ambulance/treatment facility) for medical treatment, then blood may be taken (still subject to certain criteria and procedures though). Consent to the blood draw is also an issue in most cases. 33. STATUTES OF LIMITATIONS- This is often an issue in DUI accident cases where the police do not arrest at the scene. If police wait too long the State will be prevented from prosecuting you!. You need an Attorney who knows DUI laws! 34. PRIVATE PROPERTY - A person who has not driven the car on a public highway or thoroughfare should not be charged with drunk driving, unless the property was open to the public. Effective Questioning of the Police is crucial if this issue is present in your case. 35. FAILURE TO DISCLOSE EXPERTS - the failure of the prosecutor to disclose the State's expert(s) may cause those witnesses to be barred from testifying against the Defendant. Likewise, untimely disclosure of witnesses may result in them being prohibited from testifying. Depending on which witness it is, may prevent the state from effectively prosecuting you. 36. INCONSISTENT BREATH TEST RESULTS - the two breath tests in which the breath test operator is required to take pursuant to Florida Law must not be more than .02 in difference. If they are, then a third test is required to be given, otherwise the breath test results may be suppressed from evidence and not used against you. 37. INTERFERING SUBSTANCES - Many items contain forms of alcohol which may cause false results, such as asthma spray and cough drops. these items can cause the breath results to be invalid. 38. WEAVING INSIDE the LANES IS NOT ILLEGAL- Weaving without crossing any lines is not a violation of the law. But again, a smart cop knows how to tap dance around these questions and may still be able to justify the stop, believe it or not! Our "in-house" Investigator, thorough detail and effective Questioning of the Police should help if this is the case! 39. DISPATCH TAPES - Most stops of vehicles are recorded on dispatch tapes between the law enforcement agency dispatcher and the cop who stopped you. This may be important in your case if there is an issue as to the driving pattern, basis for the stop or other observations of the officer. 40. FAILURE TO MAINTAIN A SINGLE LANE - This is one of the most common reasons why people who are arrested for DUI are initially stopped. But, it is not a justified reason to stop a motorist in Florida merely because their vehicles tires may have touched or crossed a lane divider on one or two occasions. there must be more to the stop than that! In fact, one Florida court ruled that three times was not enough to justify a stop. Effective Questioning of the Police is important in this situation. Again, a smart cop may know how to bail himself out of this situation, unless, of course, he is stuck! You need a Qualified DUI Attorney who knows what is required by law in these circumstances and who knows how to question the cop - and hopefully, get him stuck! 41. BREATH TEST ROOM VIDEOS - Many police stations videotape suspects in the Breath Test rooms. Often, these videos, if obtained, will demonstrate exactly what went on regarding breath testing procedures and the voluntariness of your consent, and may be used to contradict the police. 42. BREATH TEST DEVICE NOT APPROVED - A breath test instrument must be listed of the Federal List of Approved Breath Evidential Instruments and the FDLE must have inspected it. You need a Qualified DUI Attorney who knows what to look for and how to get it! 43. BREATH TEST MACHINE NOT SECURE - the Florida Administrative Code sets forth specific requirements pertaining to the restricted access to breathalyzer machines. Unauthorized access could result in tampering with the machine itself or the test solutions which are used to perform the mandatory periodic maintenance, just for example. This is just another way to possibly get your breath test suppressed from evidence or put a cloud of reasonable doubt over the accuracy of such testing methods and procedures. 44. RACIAL OR OtheR PROFILING- Yes, it does happen! Police should not be pulling suspects over simply for leaving a bar or night club, or worse yet because of racial profiling. If this is the case, your charges should be dismissed! 45. MANIPULATED BREATH TEST RESULTS - If the Breath Test Operator had you blow into the machine continuously for longer than was required, then your breath test results may be inaccurate, leading to a suppression of the results! 46. BREATH MACHINE NOT PROPERLY OPERATED - the manufactures of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. 47. PORTABLE BREATH TEST INADMISSIBLE - Florida law generally prohibits the use of portable breath testing results as evidence at trial in a DUI case. 48. INVOLUNTARY INTOXICATION - It is a valid defense to the charge of DUI in Florida. If you believe someone put something in your drink that caused you to become ill or impaired, or made you look or act impaired, you may be able to use this defense. A Qualified DUI Firm will know what to look for and how to possibly help you prove your defense. If you did not knowingly ingest alcohol or other substances to the point and extent that you normal faculties were impaired, but rather somehow or someone contributed without your knowledge, then this Defense might be applicable! 49. LACK OF JURISDICTION - Jurisdiction means that the Officer had the "right" to stop you in the county or city in which he did. Oftentimes, law enforcement make stops of vehicles outside of their jurisdiction, which is illegal. Sometimes, however, law enforcement agencies have entered into what is known as "mutual aid agreements" which allows one agency to assist in the law enforcement in another agency's jurisdiction. It cannot be taken for granted, however, that this "mutual aid agreement" is in existence or even still in effect. 50. FAILURE TO PROVIDE SPEEDY TRIAL - If a client is not provided with a trial within 90 days (for MM's) or 175 days for felonies, through delays of the court or prosecutor, the charges may be dismissed. Although any one of these may help you Beat your DUI, it may take several. Each DUI case is different and the outcome of any given case depends on all the facts and circumstances which exist. If you are truly seeking to obtain the best possible outcome of your DUI charge, then make sure you hire a Qualified DUI Firm to handle your case! |
