Whenever you are arrested in Lee County, the prosecution must prove your guilt beyond a reasonable doubt. A DUI charge is no different and if you go through this situation, you will need a skilled defense that focuses on combatting evidence until that doubt is all that remains. These are common challenges in Southwest Florida courts.
Challenging the initial stop
The Fourth Amendment protects you from unreasonable seizures. If a police officer stopped you without a specific traffic violation or a reasonable suspicion of a misdemeanor, the entire stop may be ruled illegal. When this happens, all subsequent evidence is usually dismissed.
Questioning the validity of the Field Sobriety Test
After a police officer stops you, they might ask you to perform certain actions like walk and turn or do a one leg stand. However, they are divided attention tests, which can be affected by certain factors, such as:
- Environmental conditions: darkness, uneven pavement, rain or strong winds can hinder test performance even in a sober person.
- Physical limitations: Age, current or past injuries, inner-ear issues and some neurological conditions can be mistaken as impairment.
In addition to this, if an officer did not demonstrate the test exactly as required by NHTSA standards, the results are unreliable.
Scrutinizing the Breathalyzer
Breath test results are not always infallible, and by state law, they should be inspected constantly. A lawyer can look for gaps in maintenance logs, improper “observation periods” (officers must watch you for 20 minutes before the test), or medical conditions like Gastroesophageal reflux disease (GERD) to contest the accuracy of an alleged high reading.
A DUI conviction in Florida can have serious consequences, but an arrest is not a conviction. Call a lawyer immediately so they can start working on your behalf.