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 proper fashion.
If the prosecution fails to provide all of this proof, the test results may be excluded (not allowed) as evidence against you at trial. If these test results are barred from being used against you, the DUI-DWI charges against you may be dismissed, or a “reduced” charge (to a less serious offense than drunk driving) may be negotiated by your attorney.
However, the judge might rule that, instead of excluding the test results from evidence, the discrepancies in the manner that the breath test operator conducted the test may be considered by the jury in determining whether the test results are reliable evidence.
This means that the result comes into evidence and then your attorney presents evidence and/or arguments to counter it. In this instance, your chances for acquittal at trial are much better than if the officers have conducted the testing the way they should have.
If you live in the Fort Pierce or Treasure Coast area and you’ve been charged with drunk driving, contact Kessler Law Firm immediately to have your case reviewed by Florida’s top DUI defense attorney, Michael Kessler.