A Vermont judge who claims there isn’t enough scientific evidence in breath tests to fairly charge someone with driving under the influence (DUI) threw out critical evidence in 25 cases.
After the judged tossed the evidence, a defense attorney in the courtroom praises the decision as being a huge win for DUI defendants against “relate-back” evidence.
Essentially, relate-back evidence refers to attempts by police officers and prosecutors to calculate a person’s blood-alcohol content (BAC) when he or she was driving from a breath test that was taken later.
Essentially, there are two (2) types of breath tests involved in DUI arrests.
Both are riddled with imperfections. For example, the Breathalyzer test can give a false reading if you have acid reflux or diabetes, or even you belched 20 minutes before the test.
In short, it all comes down to reasonable doubt.
In making his decision to ignore the breath test results, the judge maintained that evidence varies considerably when it comes to being able attempting to show when alcohol leaves a person’s body.
The main takeaways from the article above are to not voluntarily take a field sobriety test and hire a lawyer if you’ve been charged with a DUI.
There’s simply too much at risk to take chances on representing yourself in court. A good lawyer will look at all aspects of your case and develop a strategy to chip away at the prosecution.
For a free consultation, call the offices of Alex Lane. Our number is 480-776-5757.
We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. The Law Offices of Lane, Hupp, & Crowley, PLC also has the availability to consult with several forensic experts to build a strong defense.
You need an aggressive attorney who is experienced to defend you and your rights. Our firm will offer you our lowest rates and payment plans are available.