Last Updated on October 23, 2012 by Mike
What Issues are Involved in Your DUI Case
A reckless driver and the alcohol are the two main issues always present when the driving under the influence leads either to accident or legal liabilities. But they’re not the prime concern if the case is already being tried and the accused is gravely praying for the judgment of acquittal which the court can hardly grant due to the gravity of the offense and its corresponding consequences. However, that doesn’t mean that everything is over for the offender; there are some issues which are not imputable to him but can turn the verdict into something that he might have never expected.
It’s the errors committed by the police officers during DUI search and arrest that may free the accused from any liability. You may argue about the clemency of the law, but when the evidences of the prosecution were illegally taken, they can’t be admitted by the court in the trial, except perhaps for justifiable and exempting reasons. Thus, when the essential proofs were not admitted, the state prosecutor could hardly establish the guilt of the offender beyond reasonable doubt, and that may then lead to a favorable judgment for the liberty and financial liability of the accused. Specifically, the issues involved in the search or arrest which may end up to such outcome are the following:
- No Probable Cause – this is the issue when the police officers have stopped you along the way without any justifiable cause relative to their suspicion. If they have suspected you for DUI, then the causes of the stop order should be reasonable enough on the part of the law enforcers so as to avoid violating your privacy. Hence, in the case where the officers have no probable cause, you should be wise in refusing to allow them to search you to avoid further abuses or errors they might commit against your will. And don’t ever forget that, without any valid cause, their search is limited only to “plain view.”
- Improper Procedure in DUI Tests – when the procedure prescribed for by the law was not properly followed in the administration of the tests, then the results are ultimately void, and can never be used to prosecute the accused. Thus, you should always be aware of the right process in taking the DUI tests; otherwise, you’ll be victimizing your own self.
- Defective Machine – the results of the defective machines can really not be used as evidence to prove your guilt for DUI for obvious reason: it would be an injustice to you. But how can you know that the machine is defective? Well, if it gives an inconsistent or irregular result, then your doubt for its deficiency may be true, and that then could be your reason to question the reliability of the results. How about in field sobriety test? Obviously, there’s no machine, but the result may still possibly be erroneous especially when there are some circumstances such as the night time or your physical condition.
- Violation of the Miranda Rights of the Accused – it’s one irregularity which you should always look out for especially when the officers forgot to inform you with the consequences of your act, the refusal in taking any test, and other statutory rights safeguarded by law for the benefit of the accused. Top of it all are your rights to be informed, remain silent, and hire a lawyer of your own choice. If the officers have willfully or negligently violate these rights, then it could be favorable to the status of your case or its judgment which may be mitigated due to the attending errors committed by the officers.
The issues are not just really limited to the commission and the penalties of DUI, but is also extended to the irregularities that can violate the rights of the accused. Hence, from now on, you should be cautious enough to avoid making yourself an “issue” under the law!
David Haenel is a Tampa DUI Attorney. He practiced in several courts like New Jersey, District Court for the Middle District of Florida, and the State Courts of Florida. He has an extensive experience in dealing with traffic related crimes.
