In a drunk driving case, the prosecutor always points to several factors as evidence to prove that you were driving drunk. They can always say you have a bad navigation of your car, you have an odor of alcohol on your breath and even your appearance of being intoxicated. However, each piece of evidence considered ambiguous by a DUI attorney Tampa DUI and is always subject to multiple interpretations and incorrect assumptions. Unfortunately, there is always a dental floss to determine whether a person is drunk or not. The number of innocent people are convicted of DUI and finally pleads guilty because of the prosecution's false. Legally, if you have a lawyer to get your revised belief is far from what you think of the day after your arrest. Why? Due to the fact that DUI lawyers are trained to challenge any evidence that prosecutors presented in court.
In a drunk driving case, the prosecutor will always point out the several factors as evidence to prove that you were drunk driving.
Basically after the arrest, the Tampa DUI Lawyer would ask determine if the police officer had failed to read the “Miranda Rights” to the defendant. A person have the right to remain silent until his attorney would advice him to disclose information regarding the case. The police officer have no right to force the offender to speak against his will. If the officer continues to interrogates you after placing you in a custody without reading your “Miranda Rights” and has a valid waiver, then your previous statements given yo him will be excluded from the list of evidences.
Second, weaving within the lane does not justify that a DUI traffic stop. Many officers claims that they have observe the suspect waiving within his lane which made to do a DUI traffic stop. The court have actually ruled that this could not justify a DUI traffic stop unless the experienced officer had observed a pronounced weaving for a substantial distance. If the court finds out that the DUI traffic stop was not justified, then, there is a tendency for the dismissal of the case. Some officers always lack of justification to make a DUI traffic stop. In conducting a lawful traffic stop, an officer must provide a specific articulable facts that you have committed a traffic violation. On the other hand, the Tampa DUI Lawyer can always argue that the alcohol in your breath does not mean that the defendant is under the influence of alcohol. Moreover, he can always argue about the officer's lack of probable cause for the DUI arrest. Another thing that a Tampa DUI Lawyer can challenge is the issue about over speeding. Most officers pulled over a person who is over speeding and charged them of drunk driving. According to some national studies, there is no correlation between drunk driving and over speeding. It is a fact that over speeding is a violation of the law in its own right but it cannot be use as evidence in DUI.