Overlooked Evidence When Defending Against DUIs in Fort Myers
Overlooked evidence in a Fort Myers DUI case may include unauthorized repair logs of Breathalyzer devices, medical records, and the physical distance between a key fob and the ignition. If standard defense strategies do not seem applicable to your case, you might want to explore some of these more obscure forms of evidence with an experienced defense attorney.
Evidence of Unauthorized Breathalyzer Repairs
If your defense attorney finds evidence that the Breathalyzer device was repaired or serviced by an unauthorized third party, the result could be inadmissible in court. In Florida, the specific term for this device is the “Intoxilyzer 8000,” a specific type of breath-test machine manufactured by only one company. This is the only authorized type of breath testing instrument across Florida’s law enforcement world.
Even if this device has a problem as simple as a leaking tube, a law enforcement officer cannot simply perform “field repairs” before using it on a suspect. Instead, they must send the device back to the manufacturer or a specific third party to carry out the repair. Prosecutors have lost DUI cases in Florida because officers were simply replacing O-rings without going through the proper repair process and logging their adjustments.
Your Medical Records Can Be Surprisingly Helpful
If you face DUI charges in Florida, don’t forget to review your medical records. This data could contain extremely helpful information that you can use as evidence. Something as simple as acid reflux (GERD) can make alcohol tests unreliable in court. If you prove that you have an established medical history of struggling with acid reflux, a court may conclude that your breath test result was unreliable.
The same logic applies to many other medical issues. Even your diet can potentially make a breath test result unreliable. Perhaps the most well-known example is the keto diet, which may “trick” Breathalyzer devices into providing false-positive results. The metabolic process called “ketosis” puts “ketones” into your lungs, which you then exhale in the form of alcohol fumes. If you can prove you followed the keto diet before the traffic stop, you may be able to beat your charges.
The Distance Between Your Key Fob and the Ignition
If you are facing DUI charges for merely sitting in your car, the distance between your key fob and the ignition could be highly relevant. If you were sitting (or sleeping) in the back seat of your vehicle while above the legal limit, prosecutors might try to argue that you were in actual physical control of your car.
If the distance between the key fob and the ignition is great enough, there was no actual and immediate way to start the vehicle. In legal terms, this is the same thing as sitting in your vehicle and leaving an older-style key outside on the curb.
Can a Fort Myers DUI Defense Attorney Help Me?
Although there are plenty of online articles explaining the most common DUI defense strategies, an experienced criminal defense attorney in Fort Myers will heavily customize their approach based on each specific case. Sometimes, lawyers must “think outside the box” in order to achieve positive outcomes for their clients. Explore this conversation in more detail with The Foley & Wilson Law Firm.
Source:
pubmed.ncbi.nlm.nih.gov/16894360/