Fort Myers & Naples DUI: Know Your Rights
Do you know your rights as a DUI suspect?
Many people who are arrested for DUI in Fort Myers or Naples end up being convicted simply because they do not know their rights and even unwittingly give them up during the investigation and in court. Don't let this happen to you!
Contact us at Parks & Braxton, PA so that an attorney with well over a decade of legal experience can guide you through this process, advising you of your rights and helping you make the best decisions for protecting your future. Our team has nearly half a century of experience, and we have successfully represented thousands of people on charges similar to yours.
Unlawful DUI Stops in Fort Myers and Naples, FL
One of the first questions we ask when preparing to defend a client on drunk driving charges is, "Did the police officer have probable cause to pull you over?" Under the Fourth Amendment of the Constitution, you are legally secure against unreasonable search and seizure, so you cannot be investigated and arrested unless the police officer has probable cause or a warrant. If you were swerving, speeding or committed a traffic violation, the officer can legally stop you, but cannot do so simply to on a hunch. Similarly, you cannot be required to perform roadside field sobriety tests or take a breathalyzer test unless the officer has observed indications of impairment such as slurred speech, bloodshot eyes or the smell of alcohol. If we can demonstrate that the officer violated your constitutional rights, we may be able to file a motion to dismiss the charges.
You Are Innocent Until Proven Guilty
Nearly anyone has heard this phrase, but it may never have meant so much to you as it does right now. The fact is that even if there is evidence against you, the prosecutor cannot have you convicted unless it is proven beyond a reasonable doubt that you committed the crime of driving under the influence. We place the burden of proof on the prosecutor, because even if you know you were drinking it is still necessary for the State to find objective evidence which will stand up in court. We can often beat the charges with strategies such as using the maintenance and calibration records of the breath test equipment to show that the machine may not have given the most accurate possible reading, or using the footage from the police car dashboard video camera to demonstrate that the police officer made errors in explaining or administering the field sobriety tests.
If we can find gaps in the records of how your blood test sample was stored, transported and analyzed, we could even raise questions about whether contamination of the sample might have caused fermentation of the fluid which could result in false positive, or even whether it is actually your sample. There are many possible courses of action for challenging the evidence in a DUI case, and our Naples DUI lawyers are ready to begin working on a strategy for your case today!