Drunk Driving Charge Gets Dismissed

The Case

The Umansky Law Firm was able to get a DUI dismissal on an economics student from UCF. The young man had never been in trouble previously, and it was crucial to him that the case gets thrown out. Attorney Schwartz for the firm presented the prosecutor evidence of previous surgery on the young man’s feet, and a history of speech therapy to explain his slurring and poor performance on the law enforcement officer’s field sobriety exercises.

He was also able to convince the DMV that the defendant did not willfully refuse to submit to a urine test, but was physically incapable of doing so, thus saving the young man’s driving privileges. With both the criminal and administrative proceedings against him dismissed the young man can further his educational goals, unhampered by this unfortunate incident.

The Takeaway

Every DUI case is very fact-specific, and it is extremely important for the defense to acknowledge all of the health issues the individual possesses. Mentioning vertigo, asthma, poor balance, and many other problems will all have a purpose when organizing a defense for your case in front of the judge, the jury, and the prosecutor that will possibly be seeking jail time for you.

Other than client-specific issues, a knowledgeable attorney can also present procedural defenses to the DUI charge. We can challenge the grounds of the traffic stop that lead to the arrest and even the results produced by the breathalyzer.  Law enforcement officers in Florida use the Intoxylizer 8000 which is susceptible to many external factors that can alter test results including:

  • Chemical interference: Products like cough syrup and nail polish contain alcohol and can interfere with test results.
  • Machine errors: If the machine is not calibrated, improperly calibrated, or not approved for use in Florida, the test results can be inadmissible evidence.
  • Operator errors: If the operator is not licensed or carries an expired license, the results of the test cannot be used.
  • Testing errors: The device measures your BAC at the time of the test and not when you were driving, which can cause inaccuracies in the results.

If you’re facing a DUI as a student and facing the possibility of losing a scholarship or being kicked out of school, contact an Orlando DUI lawyer at The Umansky Law Firm at (407)228-3838 for a free case evaluation. We represent students that go to UCF, Full Sail, Valencia, Rollins College, Stetson, and all of the other institutions of higher learning in Florida.

Verification Number: 2011-CT-004076

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