Each Palm Beach DUI case has its own spectrum of potential defenses. In Florida, the drunk driving laws are particularly complicated, thus there are variously different directions one could pursue in order to get a dismissal. While some defenses mightl provide you with an outright acquittal of the charges, others may enable you to cause important evidence against you that might lead to a conviction, to become excluded from the case, meaning it cannot be used as evidence against you. Palm Beach DUI defense is complicated, and takes particularly cometent and experienced attornies. At Palm Beach DUI lawyer you will find several f such-type attornies who willl be able to explore the different options, which is so absolutely important.

Musca Law DUI defense will work with you and help you to explore all of the available options to determine a customized defense-strategy to fit your own unique our case. Though this list is not a complete, it does offer to you a nice sampling of arguments that we can use in your favor.

Refusal To Allow Testing

The refusing of the submission to chemical-testing has several possible defenses. Though you may have “implied your consent”to testing when you signed up for a License to Drive in Florida, the arresting officer has to exspressly warn you of your implied consent once you have refused to take the test. The obverse is also true- a driver must consciously choose to refuse to take the test, if the refusal is to be used as prosecutorial-evidence. Such a defense can suppress (not allow) state evidence that might have hurt your case had it been allowed to be introduced.

Blood Test Issues

If you have allowed a blood-test to be done on you, a good Palm Beach DUI lawyer can argue from a wide range of various possibilities concerning the blood test, and if the state has not appropriately handled the tests (chain-of-evidence, hygienic environment, etc.) a dismissal may be forthcoming. The state must meet certain standards regarding the keeping of the blood tests on file for re-testing by the defense and it must take(draw) the blood under proper conditions. In some cases, there are legitimate issues with swapped or tainted blood samples that skilled Palm Beach DUI attorneys can argue to the court.

Urine Test Issues

Everyone understands that a good Palm Beach DUI attorney can argue the problems and defenses associated with a urine test. These tests have been proven to be unreliable for the degree of accuracy necessary to bring a conviction, and by measuring blood alcohol content along with expert testimony, their unreliability in pinpointing drug consumption can be indicated. False positives have also often been issues which arise due to the very murkiness of the law. Musca Law will work to turn those and possibly other uncertainties toward your favor.

Breath Test Issues

The State of Florida currently employs the use of the “Intoxilyzer 8000″ to measure blood alcohol level (BAC). Musca Law can help you defend yourself and fight the results of this breath testing device based upon the inherent flaws of that particular testing device itself. Oftentimes, either through natural error or human error, the testing-machine can produce a reading that is somewhat less than accurate. There are medical medical conditions as well as physical ailments which can cause a false (too-high) reading. Also, the test is widely percieved and arguably documented to be biased against some women. There are several options available to Musca Law clients to get around or mitigate the damage from a breath test result that may at first have seemed to have degraded into a hopeless situation.

Improper Traffic Stop

With the “Improper Traffic Stop” defense, your Musca Law attorney strikes directly to the heart of the matter, which can lead to an almost-instant dismissal. Independent of any other facts and-or evidence, the arresting officer must have probable cause to stop you or else he violates your 4th Amendment rights. Musca Law can argue that the traffic stop itself was not a “proper stop” and that therefore the officer had no probable cause to pull you over to begin with in the first place.

In addition to these DUI defenses, Musca Law also handles property damage, manslaughter, defense for women, formal hearing review, controlled substance arrests, boating under the influence, commercial vehicle DUI, juvenile DUI and DUI roadblock issues. If you need help for one charge or many, contact us today.

Musca Law stands beside you no matter what.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.