Posts made in May, 2020

Reasons Prosecutors May Reduce or Dismiss DUI

»Posted by on May 13, 2020 in Legal Services | 0 comments

If you are charged with a DUI offense, there are many ways to reduce your penalties and punishments or dismiss it completely aside from hiring Miami DUI lawyers that will save you from the charges. The following are the reasons why prosecutors may reduce or dismiss DUI:

1.The results of a blood test do not affect the evidence of impairment

DUI and other related charges are heavily based on the impairment rather than the amount of substance found inside the person’s body. For instance, even if the driver has a substance that exceeds the BAC limit, so long as he did not cause any misbehavior and is able to follow traffic rules and regulations, there is a tendency that you will be given small charges and punishments. On the other hand, even if the driver has less than the legal limit, so long as he was unable to follow traffic signs, he is still subject to DUI charges.

2.The did not move

The officer has seen you sleeping on the steering wheel miles away from any town, the officer can have a deduction that drove to that location, and that is still subject to penalties and charges.

However, if the car has only moved for a few inches, and the engine has not been engaged, it disproves the idea that you become liable to things you still have not done.

3.The blood test was not administered properly

The blood that was taken from any drivers needs to be properly administered and the regulators need to follow the guidelines set forth in each state’s code of regulations.

The regulations include:

No alcohol-based cleaning agent must be used while the blood is being drawn

The preservative and coagulant are not expired

The blood must be drawn only by an authorized technician

The blood sample is properly identified and stored.

If any of these regulations are not followed, the accused has the right to question.

4.The blog was drawn without a warrant.

There are different circumstances under which the officer does not have the full authority to draw your blood without your consent or a warrant, and these are the following:

When you are found in your home even if you were at the accident and left the scene

If you are taken to the hospital for a blood draw

However, getting a warrant is not necessarily difficult.

5.You were unconscious of unaware of the drug inside your system.

If in any case you did not know or was not aware that you have taken a drug, or someone put the drug into your food or beverage, this is a good counterargument that could prove your innocent at the court trial, thus you should not be convicted of driving under influence of drugs charge.

6. There is no evidence that you were driving the car

There are instances of a traffic accident that was not observed by a witness or a police officer, and if they are uncertain that the owner was the one driving the car, the police would have insufficient evidence that the driver or the owner of the vehicle was the once committed the DUI or DWI.

read more