Challenging Drunk Driving Observations of the Officer
by Moorey on Apr.29, 2011, under Criminal
While the prosecution in a criminal case may rely on several witness testimonials, in a DUI (driving under influence) case, the chief testimonial the prosecution relies on is that of the arresting officer. Challenging this testimonial may be the right way to defend against the charge.
You need to talk to your DUI attorney in this regard before giving any statements, oral or written. Sometimes, the police officer suspects drunk driving because of erratic behavior on the part of a driver. May be you were speeding or slowing down and speeding simultaneously or jumping red lights that led the officer suspect that you were drunk.
Your attorney may argue that this erratic behavior was because of some other reason, and not drunkenness on your part. If your attorney is capable of putting up a reasonable doubt in such a case, you may avoid conviction, and the associated penalties. Remember, Florida is very strict about punishing drunk drivers.
If the officer did not see you driving, it may be easier for Miami DUI attorneys to put up a defense. If all you did was sit behind the wheel, you may be able to get away without any serous consequence. What you need to do is get a good defense attorney immediately after you face DUI charges to ensure proper representation at court.
