If you are caught drunk driving on the roads of Florida, you can be pulled over and arrested for DUI. However, just like regular people who have been arrested for DUI can make mistakes that can damage their defense, arresting officers can make errors that will harm the prosecution’s chances of obtaining a conviction. In fact, police mistakes are one of the most effective defenses available to a defendant.
The following are common examples of mistakes made by law enforcement that can provide defenses to DUI charges in Florida:
- Lack of reasonable suspicion for a traffic stop – In order for the police to pull you over, they need to have a valid reason to do so. In most cases, a driver commits a traffic violation such as speeding, switching lanes without signaling, or driving with a broken taillight. If law enforcement fails to establish reasonable suspicion that someone in the vehicle has been involved in the commission of a crime, then all of the evidence collected is invalid.
- Lack of probable cause for arrest – The U.S. Constitution protects citizens from being arrested without probable cause. The arresting officer must be able to point to specific facts that would lead a reasonable officer to believe that you are under the influence. If a reasonable person would not believe that you were driving while intoxicated, you arrest may be invalid.
- Improper field sobriety testing – Another common mistake is when an officer fails to properly administer and evaluate field sobriety tests. These tests have standardized instructions that need to be followed when being conducted by the arresting officer. If the arresting officer failed to follow the necessary procedures, the results of those tests will be admissible in court.
- Improper administration of breath test – The same is also true for breath tests, also known as breathalyzers. Police must follow proper protocol to administer breath tests and failure to do so compromises the results. Moreover, there are various factors that can contribute to faulty breath tests, such as failure to calibrate the testing device.
In order to assert these defenses, you need to hire an experienced criminal defense attorney on your case. At the Law Offices of Kevin F. Moot, our Weston DUI lawyer can conduct a thorough investigation on your arrest, gather and analyze evidence, and build a strong defense strategy on your behalf.
Do not hesitate to contact us and request a free consultation immediately.