All posts in 'Law'

17Jun, 11

Defenses related to the admissibility of the prosecution’s breath testing evidence. If you did submit to a State administered breath test, the prosecution must prove that at the time of your test the electronic equipment was in proper working order, that it had been properly maintained, and that the breath test was conducted in a ... more

19May, 11

To be allowed to tell the jury your breath tests results, the prosecution must first “lay a foundation” to support the introduction of the “numbers” that are to be considered by the jury. The prosecutor must establish that the machine was in good working order and that it had been used in the manner approved ... more

11May, 11

Defenses related to the credibility of the prosecution’s blood testing evidence. Before a blood test result may be admitted into evidence against you by a trial judge, the prosecutor must be able to cross several “hurdles” that your defense lawyer may raise. At each point in the prosecutor’s offer of proof that the blood test ... more

27Apr, 11

Defenses related to the failure of the police to comply with the requirements of the Florida implied consent statute. Once you have been arrested for DUI-DWI, the police officer making the arrest must inform you of specific rights under state law relating to your obligation to take a state-administered test of your blood, breath or ... more

25Apr, 11

Defenses related to the failure of the police to comply with the requirements of the state’s independent test statute. One of the usual requirements of the implied consent law is that you have the right to obtain an independent test of blood, breath or urine taken after the State test. This sample can be tested ... more

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