101 Ways to Avoid an Orlando DUI Conviction! Part 10 of 10.
DUI arrests and DUI convictions can have serious consequences, both immediate and in the future. When people speak with me, they are most often looking for advice on how to avoid a DUI arrest or how to avoid a DUI arrest turning into a DUI conviction. 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq. is a great resource to both questions and will be featured in a 10 part blog series here on the FL DUI Group Blog. The tenth and final part features ways 91-101 to avoid an Orlando DUI conviction.
91. Radio frequency interference may occur in police stations or in “mobile” testing facilities and may cause several brands of breath testing machines to give artificially high readings.
92. Because a skilled DUI attorney “knows the ropes” it is always advisable to utilize an attorney who is a specialist in DUI case. Not only can the attorney assist in developing a strategy for your case, but can also be instrumental in obtaining a more favorable sentence if you decide to plead guilty or nolo contendere.
93. A motion for speedy trial forces the prosecutor to bring the case to trial, or suffer a dismissal as a result of failing to meet the statutory deadline set by state law.
94. By use of a motion for a Bill of Particulars, a defense attorney may cause the prosecutor to commit himself to a specific trial strategy. By narrowing the focus of the trial, the defense attorney may be able to undermine the prosecutor’s case, leading to a dismissal of the charges.
95. Whenever state law permits a preliminary hearing, the defense attorney may benefit from using this pretrial hearing to obtain sworn testimony from the witnesses for the prosecution which cannot later be changed or embellished to suit the needs of the state’s case.
96. A defense attorney may use a motion in limine to suppress evidence to eliminate the state’s principal evidence against you in the case (the BAC test result) thereby effectively winning the case.
97. When breath testing machines are utilized by the state to obtain your BAC reading, all documents relating to such machines should be subpoenaed and closely scrutinized to determine if all calibration and inspection has been followed to the letter. The failure of the state to comply with the mandates of the operator’s manual can lead to exclusion of the BAC test results.
98. A motion for disclosure under Brady v. Maryland will sometimes uncover potentially exculpatory evidence which will effectively negate the state’s evidence.
99. Where the judge refuses to excuse a biased juror from the jury panel in your case, such refusal will constitute reversible error in the event you are convicted.
100. Once the state has put up all of its witnesses and evidence, and has “rested”, the defense attorney can seek to have the judge decide that the evidence in the case is insufficient to support the defendant’s conviction. This is called a motion for directed verdict of acquittal.
101. During closing arguments, where the prosecutor argues to the jury using inflammatory and impassioned arguments that are not relevant to the issue of the driver’s guilt or innocence, reversible error occurs.
Excerpted from the book, 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq.
Copyright 1991 by William C. Head and Reese I. Joye, Jr. Not to be reprinted, resold, or redistributed for profit, except with written permission, but may be freely distributed electronically provided that the entire file, including this notice, remains intact.
