In every legal proceeding there is the need for evidence in order to reach a decision. The Court cannot determine the facts of the case without the proper evidence. There are different forms of evidence, ranging from witness testimony to paper documentation. In a DUI case, the arresting officer will have made a report of the arrest, and there will also be a field sobriety test result. DUI defendants have the right to challenge the validity of the test results, and should also review the arresting officer’s report to learn what he or she has to say about the case.
A DUI in Florida involves a case where the driver was under the influence of drugs or alcohol to the extent that their normal faculties were impaired, or had a BAC of 0.08% or more while in control of a vehicle. Key parts of the prosecution’s evidence include:
● Possible eyewitness testimony.
● Field sobriety test results.
● Testimony of the arresting officer as to what he or she observed upon making the traffic stop, and what particular circumstances led to the suspicion of DUI.
● The arresting officer’s written report of the incident.
When a breath test is involved, it is important to determine if any factors could have contributed to a false reading, or if samples were within the margin of error. It is also important to consider how long after the driving the breath sample was taken. At the Ferraro Law Group we will consider a driver’s medical background, the testing machine’s service records as well as the time frame and case specific factors in evaluating the validity of the results. Your input is invaluable in this process, and can help us to locate inconsistencies in the evidence.
In some cases there will also be dash cam video of the traffic stop or a video from the jail. In order to develop the best defense strategy, all available evidence is required. Unfortunately, things like the footage from the dash cam are not maintained for an indefinite time period. Therefore, it is crucial you request a copy of the tape immediately. A DUI defendant is also entitled to learn the names of any witnesses, and interview them to learn what they say they saw. Providing this information to a qualified DUI defense attorney is helpful to your case because knowing what evidence will be used against you is the only way to create a defense strategy that works.
If you have questions about what evidence is best for a DUI or other criminal case, call or email RJ Ferraro, III, an experienced defense attorney for help. Our skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach solutions that work. Your first visit is a free initial consultation.