Ineffective Defenses in Broward County Criminal Cases
Last week, a man accused of driving under the influence in Pennsylvania asserted an interesting claim, Broward DUI Lawyer William Moore says. Scott Allan Witmer has explained to the judge that the Pennsylvania state judicial system does not have jurisdiction over him. Instead, the DUI defendant says that he is his own country — “I live inside myself, not in Pennsylvania,” he said. Witmer proceeded with a DUI defense attorney on hand, but argued the motion himself, which does not bode well. The DUI defendant has indicated that he plans to take the case to trial. The judge hearing the case informed Witner that he would need to file a pretrial motion if he challenged the validity of the traffic stop. Fort Lauderdale DUI Lawyer William Moore says that this is probably not an effective defense, although it is not clear whether Witmer is of sound mind to stand trial.
Another, somewhat more viable DUI defense strategy relates to the period of time it takes for one’s body to absorb alcohol. Reliable sources indicate that it can take 30 to 90 minutes to absorb liquor. In practical terms, that means that DUI defense attorneys can argue against the accuracy of breath or blood alcohol tests taken hours after the defendant has been driving. Although the DUI defendant may have a high blood alcohol content, it’s possible that more alcohol has been absorbed in the interim. This argument is reasonable, especially when a fair period of time has elapsed. But what if it were taken to the extreme? A driver who drinks an entire bottle of concentrated liquor just before hopping in the car to drive a couple of blocks down the street to his home could feasibly do so with a low blood alcohol content, despite the amount of liquor he drank. But what if he were stopped for a moving violation, like speeding, and the officer detained him due to the smell of alcohol? If he were taken down to the police station for a breath or blood test, his BAC would certainly be far higher if even just half an hour elapsed during the trip. However, he probably could have made it to his nearby home with little alcohol in his bloodstream. Of course, Fort Lauderdale DUI defense attorney William Moore Criminal Defense would never advise anyone to engage in such risky behavior. The defense is also not as compelling when evaluated in extreme circumstances like the ones outlined above.
Broward DUI Lawyer William Moore also says that driving in a true emergency can be a defense to DUI. For example, if it were absolutely necessary to drive someone to the emergency room might be a feasible emergency. Nonetheless, any driver who has been consuming alcohol or drugs should be very careful and avoid driving if impaired.
Fort Lauderdale DUI attorney William Moore provides outstanding DUI defense in south Florida. If you have been charged with a DUI, contact William Moore Criminal Defense, P.A., a Fort Lauderdale DUI lawyer with offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.