Fighting a DUI charge can feel overwhelming, but the right help makes all the difference. Evidence like breathalyzer results or police reports might seem ironclad, but they’re not always flawless. A skilled DUI attorney in Belvedere, CA, knows how to dig deep and find the errors that could turn a case around.
Tests can be mishandled, devices miscalibrated, or procedures just plain sloppy. DUI Attorney Mark Malachowski has the experience to spot these cracks and use them to build a strong defense for you.
Read on to learn how DUI attorneys will root out flawed testing and use this information to build a defense.
Evaluating the Reason for the Traffic Stop
Attorneys thoroughly examine the circumstances surrounding the traffic stop to determine if your rights were violated. They investigate whether the officer had specific and articulable facts to justify the stop, as any lack of reasonable suspicion can be challenged in court.
To build a strong defense, they focus on the following key aspects:
- Observations Made by the Officer: They analyze what the officer witnessed that led to the stop. This could include behavior such as erratic driving, a traffic violation, or equipment issues like a broken taillight. These observations may weaken the prosecution’s case if they are vague or unsupportable.
- Documentation and Evidence: Attorneys review police reports, dashcam footage, and body camera recordings to ensure the stated reason for the stop aligns with evidence. Discrepancies in this documentation can be critical in challenging the validity of the stop.
- Compliance with Legal Procedures: They check if the officer followed proper protocols during the stop. Failure to adequately explain the reason for the stop or violating procedural requirements could make key evidence inadmissible in court.
With the help of DUI attorney Mark Malachowski, you can challenge the legality of a traffic stop if you suspect that your rights have been violated.
Scrutinizing Breathalyzer Calibration Records
Breathalyzer machines must be regularly maintained and properly calibrated to ensure they provide accurate results. If a device is not functioning correctly, it can produce faulty readings, which may unfairly impact a DUI case.
A skilled DUI attorney in Belvedere, CA, understands the importance of reviewing these devices’ calibration logs and maintenance records to uncover any potential issues.
By examining these records, the attorney can determine if the Breathalyzer used during your traffic stop was reliable. Any errors, missed maintenance, or improper calibration could weaken the prosecution’s case against you.
Identifying Environmental or Medical Factors Affecting Results
Attorneys pay close attention to medical conditions that might affect test results. For example, acid reflux can cause alcohol from the stomach to rise into the mouth, leading to higher readings on a breath test. Diabetes can also create compounds in the body that mimic alcohol, which may confuse the test and result in inaccurate numbers.
Environmental factors, like certain cleaning products or mouthwash, may introduce alcohol into the surrounding environment or a person’s mouth. These substances can interfere with testing devices and give misleading outcomes. Skilled lawyers examine these possibilities to question the reliability of the results and build a strong defense.
Ready to Hire a DUI Attorney in Belvedere, CA?
Challenging flawed tests and procedures is key to building a strong DUI defense. Mark Malachowski has the expertise to uncover errors and fight for the best outcome in your case. Contact him today and take control of your defense with confidence.
Key Takeaways
How can a DUI attorney challenge the reason for a traffic stop?
A DUI attorney examines if the officer had reasonable suspicion to make the stop and investigates if proper protocols were followed. Dashcam or body camera footage and inconsistencies in police reports can be used to challenge the legality of the stop.
Can inaccurate Breathalyzer results be used as evidence in court?
Attorneys can challenge inaccurate Breathalyzer results by reviewing maintenance and calibration records to detect malfunctions. Improperly calibrated devices or missed maintenance can weaken the case against you.
What factors could lead to false breath test results?
Medical conditions like acid reflux or diabetes can produce misleading breath test readings, as can environmental factors like exposure to alcohol-based cleaning products. A skilled attorney will consider these factors to question the test’s accuracy.
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