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  6.  » Potential DUI Defenses

You Have The Right To A Defense For DUI

Don’t assume that because you were pulled over and failed the field sobriety test, or blew a .08 on the breathalyzer, you don’t have a defense. There are a number of issues that an experienced DUI defense lawyer will investigate. When you are facing such charges, trust Gene Barton. I have helped clients throughout Mississippi for 40 years.

Common Examples Clients Have Used

Illegal stop of person or vehicle: In Mississippi, a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or another law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

Anonymous report of drunk driving: In Mississippi, a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

Booking room videos: Many police stations video suspects at the police station where their speech is clear and their balance is perfect, despite police testimony to the contrary.

Police blood test inaccurate: Many times, police blood testing fails to follow prescribed rules of testing, analysis or preservation recommendations.

Breath test operator is unlicensed or possesses an expired license: Most states require a breath test operator to possess a valid, unexpired operator’s license or the breath test result is inadmissible.

Breathalyzer machine malfunctions: Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time prior to or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

Portable breath test inadmissible: Most states prohibit the use of portable breath testing results as evidence at the trial of a DUI case.

Failure to conduct observation period: Most states require that a driver be observed continuously for a minimum period of time, such as 20 minutes, prior to the administration of a breath test in order for the results to be considered valid and admissible.

Medical problems: Medical problems with various parts of the body can affect the results of field sobriety tests. Further, medical conditions can also affect the validity of breathalyzer results.

Bad weather: Weather conditions can have an adverse effect on a person’s driving abilities and could help explain poor driving and even a person’s poor balance during a field sobriety test.

Lack of probable cause: The police must have specific, articulable reasons to support an arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

Illegal search: Police are prohibited from searching a person or the vehicle for a minor traffic offense, and they must have consent or probable cause before searching a person’s automobile. Any evidence illegally obtained is inadmissible in court.

Post-driving absorption of alcohol: The prosecution must prove the blood alcohol level or breath alcohol at the time of driving.

Interfering substances: Many items contain forms of alcohol that can contribute to false-positive results.

Call Today To Learn More

The smartest move you can make is to contact an experienced attorney as soon as possible. Call my office in Chickasaw County at 662-447-2522 to schedule a consultation today. You can also email me.

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