If you have been arrested for and arraigned with driving under the influence, you might be concerned about the final result of your case. Maybe you did not successfully pass the breath analyzer test. You might think that this proof guarantees that you will be found guilty if you head to trial, but it doesn't have to be the situation. There are many arguments a DUI lawyer can make to get the evidence excluded or at least make it look less convincing.
Your attorney can express that the results of the breath analyzer test were inaccurate due to a condition you already possess. A breathalyzer exam determines alcohol concentration in your breath, yet this exam isn't always flawless. There are components it can't remove, bringing about a positive result. Diabetes mellitus, a diet ailment known as ketosis, and acid reflux disease can all alter the outcomes of a breath analyzer test and render it imprecise.
Your attorney can also argue that the police officer who administered a breathalyzer did not follow standard protocol. States and even police departments follow different protocols. Some protocols that must be followed include administering the exam at the correct time so results will not be affected by presence of residual alcohol or making sure that the testing area is free from any form or radio frequency disturbance. Even a mobile phone can already cause radio frequency interference making the outcomes unreliable.
Your lawyer could also argue that the police officer who administered a breath analyzer did not comply with protocol. States and even police departments adhere to different protocols. Some typical examples of proper protocol include patiently waiting to execute the breath analyzer test to ensure that residual alcohol doesn't alter the outcomes or keeping the location in which the test is administered clear of radio frequency disturbance. Even a cellular phone could cause radio frequency interference and render the results of a breathalyzer test undependable.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
Your attorney can express that the results of the breath analyzer test were inaccurate due to a condition you already possess. A breathalyzer exam determines alcohol concentration in your breath, yet this exam isn't always flawless. There are components it can't remove, bringing about a positive result. Diabetes mellitus, a diet ailment known as ketosis, and acid reflux disease can all alter the outcomes of a breath analyzer test and render it imprecise.
Your attorney can also argue that the police officer who administered a breathalyzer did not follow standard protocol. States and even police departments follow different protocols. Some protocols that must be followed include administering the exam at the correct time so results will not be affected by presence of residual alcohol or making sure that the testing area is free from any form or radio frequency disturbance. Even a mobile phone can already cause radio frequency interference making the outcomes unreliable.
Your lawyer could also argue that the police officer who administered a breath analyzer did not comply with protocol. States and even police departments adhere to different protocols. Some typical examples of proper protocol include patiently waiting to execute the breath analyzer test to ensure that residual alcohol doesn't alter the outcomes or keeping the location in which the test is administered clear of radio frequency disturbance. Even a cellular phone could cause radio frequency interference and render the results of a breathalyzer test undependable.
A related discussion that a DUI lawyer can make is that the official didn't have probable cause to halt the offender to start with. According to United States Supreme Court case law, police officers cannot stop an automobile except if they've got probable cause that the law is being breached. It means that a reasonable person would be convinced that the people in the automobile are committing an infringement. Without probable cause, the gathered evidence will not be accepted. This can include the results of a breathalyzer examination. If your attorney could successfully convince the court that no probable cause was there to pull you over, the judge will leave out the outcomes of the breathalyzer examination from trial.
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