Evaluating a Case To Determine if a Plea is the Right Decision

Rough draft When facing a criminal charge, one of the most critical decisions you'll have to make is whether to accept a plea deal or proceed to trial. Entering a plea means giving up certain constitutional rights, such as the right to a trial, the right to testify, the right to call witnesses, and the presumption of innocence. 

In this blog post, we will discuss the essential steps to evaluate your DUI case to make an informed decision about entering a plea. 

Step 1 Assessing the Legality of the Traffic Stop:

It's crucial to determine whether the police had a valid reason to pull you over, such as a traffic violation or reasonable suspicion of criminal activity. If the traffic stop was not legal, the evidence gathered during the stop may be deemed inadmissible in court.

Step 2 Examining Fourth Amendment Violations:

Your attorney will evaluate whether the police conducted any unreasonable searches or seizures during the traffic stop, potentially infringing upon your Fourth Amendment rights.

Establishing Probable Cause for Arrest:

Probable cause is a very low threshold, but there are requirements that must be met. You'll need to examine whether the police had sufficient probable cause to arrest you for a DUI, based on three parts of a DUI investigation the driving, the police interaction roadside and any sobriety tests that were performed.

Reviewing Miranda Warnings:

You have to consider whether the police properly administered Miranda warnings before questioning you. If not, any statements you made could be suppressed in court.  Miranda rights are often not read in traffic stop based arrests.  All your statements before the arrest are generally admissible.  All your statements after the arrest (handcuffs on) are inadmissible.

Analyzing Breath Test Results and Refusal:

The results of a breath test play a significant role in a DUI case, and it's important for the defense attorney to consider the implications of each scenario:

a) Refusal: If you refused a breathalyzer test, there are legal consequences and potential impacts on your case. Refusing the test might result in sanctions to your driver's license, but it also deprives the prosecution of a key piece of evidence.  In trial the State will argue to the jury "Who would refuse a test knowing their license would be suspended."

b) Breath Test Over the Legal Limit: If the breath test results show a blood alcohol concentration (BAC) over the legal limit, the prosecution will have strong evidence against you. However, you may still challenge the accuracy and reliability of the breathalyzer or the officer's administration of the test. The Intox 8000 used in Florida was made in 2007 around the same time as the first Iphone.

c) Breath Test Under the Legal Limit with Suspected Drug Use: If your breath test results are below the legal limit, but drugs are suspected, the prosecution may rely on other evidence, such as field sobriety tests, drug recognition experts, or urine tests, and in some cases blood tests to prove impairment. In this scenario, you must closely scrutinize the reliability and admissibility of such evidence.

Evaluating the Reliability of Field Sobriety Tests:

You must assess the accuracy and reliability of any field sobriety tests conducted and the police officer's qualifications to administer them. These tests are often administered improperly by officers, deviating from these standards undermines their reliability.

Assessing the Chain of Custody for Evidence:

You must determine whether the evidence, such as marijuana or open containers, was properly handled and preserved throughout the legal process to ensure its admissibility in court.

Gathering Witness Accounts:

You must evaluate statements from any witnesses present during the traffic stop or arrest, which may provide additional context or support your version of events.

Reviewing Criminal History:

You must review and consider prior criminal record, A  history of arrests and convictions may affect the potential penalties and the likelihood of negotiating a favorable plea deal.

Weighing the Strength of the Prosecutor's Case:

You must evaluate the overall strength of the prosecution's case, considering factors such as the evidence, witness accounts, and applicable laws to determine the chances of obtaining an acquittal or reduced charges.

Conclusion:

Evaluating a DUI case and deciding whether to accept a plea deal involves a thorough analysis of numerous factors, including the legality of the traffic stop, potential constitutional violations, and the results of breath tests. Understanding these aspects and working closely with your attorney can help you make an informed decision and protect your rights in the legal process. It is essential to communicate openly with your attorney, ask questions, and weigh the pros and cons of accepting a plea deal versus proceeding to trial. By taking these steps, you can work towards the best possible outcome for your case.

Considering An Attorney?

If you're facing a criminal charge and considering hiring a lawyer, look no further than the Law Office of Jeff Lotter, PLLC. A criminal defense attorney since 2015, Mr. Lotter in trained in the law and draws upon his expertise in police procedures earned from 18-year in law enforcement and 15 years as a police academy instructor.  Attorney Lotter brings invaluable expertise to your case. Boasting a perfect Avvo score of 10 and hundreds of positive reviews from satisfied clients, you can trust him to provide exceptional legal representation.

Don't leave your future to chance. Contact the Law Office of Jeff Lotter, PLLC today at 407-500-7000 to discuss your case. You can call or text for a prompt response. Let Attorney Lotter's experience and dedication work for you in navigating the complexities of the DUI legal process

Law Office of Jeff Lotter PLLC
200 E. Robinson Street
Suite 1140
Orlando, FL 32801
407-500-7000