Possible Pre-Trial Defenses In Florida | Thomas Hudson – DUI
Автор: Hudson Law Office
Загружено: 2022-02-09
Просмотров: 31
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7780 Westmoreland Drive (at U.S. 41)
Sarasota, FL 34243
(941) 358-5400
422 Fleming Street
Key West, FL 33040
(305) 292-8384
Some of the most effective strategies for defending a DUI case involve pretrial motions. There's a lot of forensic evidence; there's gas chromatography; there's infrared spread spectrometry. Those are scientific tests that require a certain amount of background knowledge to get admitted in front of a jury and a lot of police officers' knowledge of the test is extremely limited. Florida requires the police do everything right in order to admit the evidence of breath test or blood test. If they fail to handle the breath properly or if they don't handle a blood sample properly, or read the correct legal warnings to the suspect, it can undo the state's case.
There are a lot of lawyers who are simply unaware of the most intricate requirements of the law, when it comes to consent to giving a breath sample or to taking a blood sample. Also, the law changes. In one year, the Florida state legislature changed the list of drugs which would qualify as a controlled substances and also changed all the procedures for holding a hearing on a driver's license suspension that results from a refusal or a breath sample over 0.8. Pre-trial defenses are very fact specific and require a detailed knowledge of the area of DUI law.
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