If you or someone you know has been charged with Florida DUI Manslaughter, the most important thing to do is to contact a law firm that is prepared to handle your case and protect your rights. The information contained in this article is just a generic guide for effective DUI defense, but every case is very different. Individual facts and circumstances can greatly affect the most appropriate defenses available. If you would like to discuss your case with a qualified criminal defense attorney in Florida, feel free to contact our office any time at 850/681-7777 to set a free consultation with one of our experienced attorneys.
Field sobriety exercises (often referred to as sobriety tests) are sets of tasks which police officers ask those suspected of driving under the influence to perform. They are tasks which involve balance, coordination, concentration and reflexes. Whiles these exercises can be wonderful ways to see whether someone is intoxicated, they are often performed incorrectly. It is important to have an attorney that is able to correctly challenge these exercises and hold the police accountable administering them correctly.
Even when these exercises are administered correctly, a person may have an injury, be tired, or simply make a mistake. If an officer perceives one of these errors, even without alcohol, this can create probable cause to make an arrest. A faulty test (by the officer or the arrestee) can change an unfortunate vehicle accident, and transform it into a charge of DUI Manslaughter.
Breathalyzers are used across the country to measure how much alcohol is in a person’s blood at the time the test is administered. Most people are familiar with breathalyzer’s, but do not understand just how unreliable they are. Often they can make a mistake by .02 or more. This could be cause by a defect, a used mouthpiece, user error, or a variety of other reasons. A breathalyzer is a machine, and just like any other machine it must be care for. Failing to calibrate or upkeep a breathalyzer is an extremely common way that these machines end up failing to deliver a correct reading. A mistake by as much as a tenth of a percentage could mean the difference between an arrest and a ride home. Our attorneys are prepared to evaluate breathalyzer’s for defects and cross-examine administrators for errors in both upkeep and actual use on the scene.
Just as breathalyzers often create errors, there are many common errors when blood is tested for drugs or alcohol. Our attorneys are trained to read spectrometer readings in order to parse out when there are errors in DUI blood tests. The amount of errors that occur is alarming, and it is really important during a DUI manslaughter defense to make sure that any such errors are accounted for and correctly used in the legal defense.
Expert witnesses can make or break a DUI Manslaughter case. Our firm utilizes too many different types of experts to count, because each case requires a different specialization, based on the facts. Common types are: forensic experts to analyze the evidence, human factors experts to analyze what a person is and is not capable of in a stressful situation, and reconstruction experts to put back together a crime scene and show the jury exactly what could and could not have happened based on the evidence. A crucial aspect of DUI Manslaughter defense is making sure the correct types of and the best possible experts are employed in each necessary area of the case to ensure the best possible defense. A good example of an Expert Witness would be Justin Morgan with Forensic Engineering Technologies in Florida.
It is imperative when faced with any felony charge, such as a DUI Manslaughter charge that your rights are protected. Contact a qualified attorney as soon as possible in order to discuss your rights and possible defenses. The options in this article are just a small few, our firm can assist you in making sure that your rights are not violated. If you would like to discuss these options and more with one of our qualified DUI Manslaughter defense attorneys in the State of Florida, feel free to contact our office any time at 850/681-7777, our office can go ahead and set a free consultation at your earliest convenience.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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