Evaluating Your Pinellas County DUI Case
St. Petersburg / Clearwater DUI Lawyers: Reviewing the Breath Test, Field Sobriety & Police Reports
Most DUI cases are based on the interpretation of three key pieces of evidence:
- The Breath Test
- Field Sobriety Tests
- Police Reports
The Breath Test
The results of a breath test can sometimes be challenged or suppressed. For instance, the Intoxilyzer results may be inaccurate or unreliable due to improper mintenance, calibration, or a lapse in certification for the machine or the operator's permit. Inaccurate Intoxilyzer readings could be caused by such things as burping or belching, the failure of law enforcement to properly observe you for a 20 minute period prior to breath testing, or the lack of proper training on the part of the operator.
Sometimes breath test results are suppressed by the Pinellas County Court Judge where there is a finding that the driver's decision to submit a breath sample was coerced or made under duress. Only a knowing and voluntary decision to provide a breath sample for alcohol content analysis is admissible in court.
Our office can secure all documents associated with the Intoxilyzer machine used in your case for a thorough evaluation in determining whether all administrative rules and state statutes were complied with. Any substantial deviation from the correct procedures set forth in the law could provide a sufficient basis to have the breath test results thrown out.
Read our article on how we may be able to keep your breath test results out of court.
Roadside Field Sobriety Tests
In most DUI cases that arise out of the St. Petersburg and Clearwater area, the police administer field sobriety tests to determine if you should be arrested. These tests are usually recorded on videotape. The officer's interpretation of your performance on these tests can be challenged based on a variety of reasons. These include such considerations as whether you suffer from a physical, mental or medical problem that would have impacted your performance. Likewise, it may be important to learn if you were nervous, tired, or distracted during the testing procedures. Moreover, an examination of the videotape itself is also important. For example, the video may have limited utility in court due to a lack of audio or poor video quality. The tape might be of limited evidentiary value where a review reveals that your performance may have been effected by traffic, noise, or poor lighting conditions.
Our office can secure a copy of the videotape taken at the time of your arrest. We will subject this tape to close scrutiny in order to determine whether the tests were properly explained and demonstrated in accordance with NHTSA standards. Further, a review of the tape will provide us with a better understanding of your appearance, your speech, and your overall demeanor at the time of your arrest. The satisfactory performance of your field sobriety tests may provide us with the ammunition to negotiate a reduction of the DUI charge in your case to the lesser offense of Reckless Driving.
Read our article about how a refusal to perform Field Sobriety Exercises could impact you.
Police Reports
The yellow criminal arrest affidavit you received at the Pinellas County Jail is referred to as a "booking advisory." Contrary to popular belief, this document is not the police report. Rather, it only contains the bare facts sufficient to establish probable cause for purposes of your arrest and detention. The full and complete police report is generated by the officer later, after your arrest. This is a narrative account of his observations specific to your case beginning with your driving pattern and following through to your ultimate arrest. The police report documents your performance on field sobriety tests, reccords statements or admissions you may have made, and includes a variety of other observations related to your state of sobriety.
It must be remembered that the police report is only the officer's opinion or subjective interpretation of the events leading up to your arrest. Our office can secure a copy of the full narrative police report in your case and review it with you. We will be able to examine the facts recounted within report and compare the officer's account with what is observed on the videotape. We can also compare the report with the your recollection of events along with the observations of any passengers in your vehicle. Further, we will be able to determine if the initial basis for stopping your motor vehicle is one that was legally justified under the law. Our review of the police report can likewise uncover any violation of your constitutional rights that could result in the suppression of incriminating statements or other critical evidence.
Asking the Right Questions...
Scheduling a free appointment with our office will enable us to immediately begin asking the important questions about your case:
- Did the officer have a valid reason to stop you?
- Was the breath test administered properly?
- How would a refusal to submit a breath sample affect your case?
- Were the field sobriety tests administered in the proper manner?
- Can we secure a copy of any video taken in your case?
- How might my performance on the videotaped field sobriety exercises help or hurt your chances?
- Is the police report fair and accurate?
- Were you properly read your Miranda Warnings?
- Were any statements that you made coerced, taken out of context, or misinterpreted?
- Should any of the evidence in your case be ordered inadmissible by the Court?
- What are the strengths and weaknesses of your case?
- Is your case a good candidate for reduction to the lesser offense of Reckless Driving?
- Can steps be taken to provide you with a temporary permit that would enable you to drive in connection with your important activities?
- Can a continuance of your court date be obtained to further investigate your options?
Call our office for a free consultation at (727) 578-0303
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