In most cases of those charged with a DUI, the prosecution relies mainly
on breath or blood analysis results to obtain their convictions. A
scientific test that shows how much alcohol is in an individual's
bloodstream at a given time is very strong evidence and often difficult
to refute. However, what happens if that test or tests used is thrown
out? There are many occasions when this happens, either due to a
technical error in the application of the test or a legal error in
obtaining the test and its results.
Without the results of a blood, breath or other scientific test, the
prosecution has to then rely on what is known as observational evidence
to prosecute their case. Observational evidence, as you might guess, is
evidence obtained by observing an individual or situation. The most
prominent type of observational evidence are the field sobriety tests
and the officer's assessment of the individual's actions and state of mind.
In one specific New Jersey case, an individual who had their breath test
thrown out argued that the officer should have maintained a video of him
before the administering of the test to show his behavior and demeanor,
instead of just relying on the officer's statements of the individual's
actions and appearance. The lower court agreed. If you live in
Burlington, Essex, Colchester, Winooski, Williston, Shelburne or
anywhere in the state of Vermont, and have been arrested or charged
with DUI or any crime, call Handy Law for aggressive and experienced
legal defense.
Blog
14Jan 2020