Florida Criminal Defense and DUI Defense Blog

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

17May, 11

The term “discovery” refers to rules of procedure in a criminal case that lawyers use before trial to gather information about the nature and quality of the evidence possessed by the opposing side. Examples might include written demands for the inspection and production of documents, pre-trial depositions of potential witnesses, undertaking an examination of the ... more

13May, 11

For a variety or reasons, police and crime lab workers sometimes cheat. Often, it is to save time or money. Other times, neglect or sloppiness is the problem. Sometimes, police officers embellish, exaggerate, or just plain lie. This criminal misconduct overshadows and taints the State’s “forensic” test results that are offered against you. Your skilled ... 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

5May, 11

Challenges to the officer’s ability and experience in determining an impaired driver from an unimpaired driver. Certainly, a law enforcement officer with years of experience conducting DUI-DWI investigations, and with advanced extensive training in DUI- DWI evaluations, is much more likely to be able to distinguish an impaired driver from a driver who is unimpaired ... more

29Apr, 11

Defenses relating to exculpatory lost video evidence. In some DUI-DWI arrests, the arresting officer will have a videotape recording of all or part of the roadside conversation, field evaluations and chronology of the arrest process. If any law enforcement officer had a working camera at the arrest location, his or her department likely had in ... 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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