Dealing with a DUI in Sarasota Florida


by Margery Milke

Beating a DUI in Sarasota Florida

Question the actual validity of this traffic stop.

For a Sarasota police officer to stop you, an officer will need to have a "reasonable basis" that a law has been violated. If your DUI lawyer can prove the actual traffic stop is found to be unreasonable, any evidence obtained on the stop will be inadmissible in Court. The prosecutor probably will drop the charge against you.

For instance, Sarasota lanes are often wide and if an officer claimed that your were weaving, that's not considered a realistic excuse to stop you, since moving around within your lane is not really a violation of any law. Now, it might be your word against theirs, however with today's dash cams used by many DUI units, your legal representative could demonstrate you didn't leave your lane.

Maybe a harder one, but your attorney could actually challenge the officer's suspicion that you were drunk.

For DUI suspicion in Sarasota, the cop has to be able to swear that they smelled alcohol, you had slurred speech, or your eyes were bloodshot. If by chance your defense attorney can verify that a medical condition, or something else caused these conditions, you might be able to have evidence thrown out at court, or at least good leverage to get your Sarasota DUI charges reduced.

Contest the field sobriety tests.

Say you get pulled over in front of the Ritz in Sarasota. You will have to fail the field sobriety for the police to set up solid probable cause for the admission of a Breathalyzer or blood alcohol test.

Your DUI attorney may be able to illustrate issues that can make a field sobriety test erroneous; illness, injury, medication, weather, and perhaps weight.

Your Attorney ought to question Breathalyzer outcomes.

Sarasota law enforcement see plenty of real police action. Breathalyzer equipment must be used and cared for properly. Getting thrown around in a car can influence calibration. Were they in a high speed pursuit in between calibrations?

If your attorney wants to question the final results a Breathalyzer, you'll need expert testimony about that particular type of Breathalyzer model used, etc. If your DUI attorney can provide reasonable doubt that the Breathalyzer result wasn't perfect, the judge or jury may have to find you not guilty.

Your DUI attorney can even question the blood examination results.

Blood alcohol procedures are very specific. If the healthcare facility or a police officer doesn't follow the proscribed procedure (say in a busy weekend night at 2am inside a typical ER), the outcomes could be inadmissible in Court.

Outside factors can affect the results of DUI blood tests. The use of medications that contain alcohol, some natural herbs, or ginseng is going to influence and negate the test. Using rubbing alcohol on the skin prior to inserting the needle for the blood draw can also compromise the results.

About the Author

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