Fighting Test Results in Miami DUI Charges
February 27, 2016 DUI Defense
In order to mount a solid defense in your case, our DUI lawyers Miami will ask for the test results from a breath sample. We will request several items from the prosecution, or we might decide to use our own investigators to obtain this information. Some of these items do not apply in every case, so discuss the relevance of each item and its application with your DUI attorney.
The Risks of Formal Discovery
While your DUI attorney wants to obtain this information, he will consider that questioning the prosecution about any of these items could trigger further attention of the case. The prosecution might wonder why your attorney is asking questions about the case. This risk is greater if your lawyer make a request for formal discovery.
Items for Discovery
Your attorney might request one or more of the following items:
- A copy of the owner’s manual for the breath-testing machine
- Logs regarding test records for before and after the date that you were tested
- The license for the laboratory to ensure that it’s current
- Calibration records for the machine for before and after the date that you were tested to show that the machine was actually checked for calibration
- The officer’s qualifications and certification regarding the use of the breath machines. When an officer transfers from another facility, he or she might not have been properly trained on how to use a different machine.
- What method the laboratory used when they submitted the test results to the state
- Details regarding the chain of custody.
The prosecution might lose a DUI case for any of these reasons.
Our Attorneys Fight Miami DUI Charges
For further details and additional case strategies that we might use in your case, contact our DUI lawyers Miami at the Law Office of Antonio G. Jimenez.