(Naples, FL) With society and the legal system toughening its stance on DUI crimes, it’s not surprising when arresting officers assume any erratic behavior on the part of a person pulled over means they’re intoxicated. Even when the accused is not over the legal limit, the common assumption by most arresting officers is that the responses to the DUI tests indicate intoxication. However, according to John Musca, attorney with Musca Law, these assumptions are all too often false.
Says Musca, “So many people assume if they’ve been charged with a DUI, there is no defense, but that’s simply not the case. There are a number of successful defenses a person charged can utilize with the help of their experienced attorney. Sometimes, it’s a case of poor police officer training or the inexperienced vision of the officer. Other times, a person may be on prescription medications or have balance issues causing them to perform poorly in a sobriety test. It’s not uncommon to be charged with DUI regardless of your blood alcohol level.”
For this reason, says Musca, it’s more important than ever to partner with a defense attorney from the very beginning. Musca elaborates, saying, “Whether you yourself have been arrested for DUI or you are helping a loved one or friend, it is imperative to access as much helpful legal information as possible. Fully understanding all of your legal rights and how to successfully defend against a DUI is extremely important. For example, it’s important to have an attorney on your side who is familiar with the common lapses that take place in arrest procedures as well as breath and chemical testing errors.”
Facing the legal system without an attorney is not advisable says Musca. “When you go through the process without an attorney, you are basically giving up opportunities to dispute the false charges as soon as possible. With a qualified and experienced lawyer, you can sometimes avoid a trial all together, or gain an acquittal by showing the ways your stop was illegal or medical issues played a role in how you acted at the time.”
Musca cautions, “The review of this material on the website, via emails and/or in the downloadable PDF version should not be construed as offering or giving legal advice. You should speak to a licensed Florida DUI lawyer as the circumstances and factors in your case may be unique.”
Musca concludes, stating, “It may seem easier to give in to the charges being held against you for DUI, but your freedom and reputation are worth the fight. Just because you're arrested for drunk driving, doesn't mean that you are guilty.”
About Musca Law:
With over 100 years of combined experience, Musca Law provides an aggressive, practical approach to client representation throughout the entire State of Florida. The law firm prides themselves on their experience, knowledge, and creative strategies to handle a wide range of cases, including, DUI, Theft, Drug and Juvenile offenses. Musca Law attorneys provide a team approach, building upon their combined strengths to expose cracks in the prosecution’s case.