Understanding Legal TermsUnderstanding Legal Terms


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Understanding Legal Terms

When it comes to mastering different jargon, legal terms can be just as long as they are confusing. Fortunately, understanding all of those legal terms doesn't have to be frustrating. I wanted to create an easy-to-read blog all about understanding legal terms and the legal process in general. After all, you never know when you will be called upon to face the court, which is why it is important to do what you can to understand the terminology. Check out this blog for great information that could help you along the way. You won't regret it, but if you don't know your stuff, you might not be prepared someday when you need it.

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Fail A Breath Test? Options For Defense In Court

When you're pulled over for suspicion of driving under the influence, the officer is likely to ask you to take a breath test. This is the most common method for law enforcement to confirm your blood alcohol content. It is important to understand, though, that a failed breath test isn't always a guarantee of a DUI conviction. There are ways to defend yourself in court, even against a breath test. Here are several defense options that can help you out.

Improper Test Administration

In order for a breath test to qualify in court, the officer must be able to prove that he or she used it properly. One of the most common defenses in this situation is an inadequate observation time. Before an officer can administer a breath test, he or she has to have some probable cause for doing so. This means that the officer must observe your behavior for some time first. As a result, a lack of observation time is often considered a valid defense against a breath test in court.

Failure to Advise of Medical Exam Rights

You have a legal right to seek an independent blood alcohol test when the breath test is administered. If the officer does not tell you this at the time, that can render the breath test inadmissible in court.

Lack of Maintenance Records

The equipment used for the breath test must be in good working order at all times. The police officer must be able to provide evidence that the machine had been tested recently and was confirmed to be functioning properly. If there is no documentation of the testing and maintenance, the results may be deemed inaccurate and inadmissible.

Disconnect Between Behavior and Testing

If you pass the field sobriety test and there is no other visible evidence of intoxication, you may be successful in arguing that the test was inaccurate. Your criminal defense attorney can help you consider the many factors that could have influenced the test results to see if any of them will fit your situation.

Failure to Disclose Results

You have the legal right to be informed of your breath test results on the spot. If the officer does not give you this information at the time that the test is administered, you may be able to claim that he or she wrongfully withheld information you were entitled to.

You may think that failing a breath test is an automatic conviction. As you can see from the information here, there are ways to defend yourself against it. Talk with a criminal defense attorney, such as someone from Robert E Long & Associates Ltd, right away to find out if any of these defense options may help your case.