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West Palm Beach DUI Lawyer
Driving Under the Influence
Driving under the influence cases require a Palm Beach DUI lawyer with the knowledge, experience and dedication to help you fight your case and navigate the legal process.
DUIs under Florida law are usually misdemeanor offenses. However, repeat offenders can face felony charges. In order for a DUI case to be effectively challenged, it is important to examine numerous aspects of the case. Oftentimes the police have no prior information about the driver. Thus, many otherwise normal attributes can be mistaken for signs of impairment by a police officer. Many questions must be answered, such as:
- What reason did the police give for pulling you over?
- Were you seen leaving a bar or other establishment that sells alcoholic beverages?
- Were you selected out because you were leaving such a place?
- What else did the police say that they saw you do?
- How was your driving pattern? Were you maintaining your lane in traffic? Were you speeding?
- Did another driver report you?
- Was there an accident?
These important questions all go to the reasonableness of the police officer’s actions in stopping your car and may be the basis for a pre-trial motion challenging the State’s case against you.
Once the police officer made contact with you, what happened from there? Did the police officer ask you any questions? Were you alert and responsive? Were you able to explain things in a reasonably coherent manner? Did the police officer claim to have seen signs of alcohol impairment? Were these things documented in the police report? Were you cooperative?
What evidence of impairment exists? Was a breath test or blood test taken? What were the results? If a breath-testing machine was used, was the machine properly calibrated? Was the machine used in the proper fashion? Are the police able to produce the necessary paperwork to establish these important factors regarding reliability of the breath-testing machine?
What happened at the scene that shows that the driver may not have been impaired at all and did the police include these important pieces of evidence in their report? If not, why not? Often, prejudice and bias in the police investigation can be exposed to the accused’s advantage. Are other possible explanations available to explain what may have seemed to be erratic behavior such as exposure to other toxins, medications, etc.?
All of these important questions must be answered in order to effectively defend a DUI case. We have many other ideas and examples of effective means to defend your case.
Palm Beach County DUI attorney Christopher A. Haddad has obtained acquittals in DUI cases through the use of may different defenses. The following cases exhibit the diversity of cases and winning results:
Case 1- Mr. Haddad’s client was arrested and charged after his car spun out on a neighbor’s front lawn and the police charged him with DUI. Through the use of a toxicologist, the defense established the driver had been exposed to paint fumes through his employment as a painter and that the fumes were not properly vented caused the client to lose control of his vehicle. Result: NOT GUILTY.
Case 2- Mr. Haddad’s client was rear-ended and left to call for assistance. The police arrived and charged Mr. Haddad’s client with DUI and leaving the scene of an accident. The breath test result was .18. The defense established the client was under medical care at the time, thereby negating prosecution contention that alcohol caused impairment. Result: NOT GUILTY.
Case 3- Mr. Haddad’s client was charged with DUI after being pulled over after moving into a new home. The police contended that she had been drinking. The breath test result was .14. The defense established that the driver was under extreme stress having recently been diagnosed with breast cancer. The defense also established that the stress and anxiety caused erratic driving. Result: NOT GUILTY.
Case 4- Mr. Haddad’s client was found sleeping in her vehicle at a fast food drive thru lane. The defense established that she was parked, thus negating a DUI charge. Result: NOT GUILTY.
Case 5- Mr. Haddad’s client was charged with DUI. The defense established that the police officer violated policies and procedures in making the arrest including the method for administering sobriety testing. Result: RECKLESS DRIVING.
If you have been charged with DUI and are looking for sure-handed, caring and competent representation, please call a Palm Beach criminal attorney at our office to schedule a consultation to discuss your case 561-832-1126.