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.