How Attorneys Identify and Counter Prosecution Errors in Complex DUI Cases

When facing a DUI charge in the Florida Keys, it is crucial to have a strong defense strategy in place. One of the most effective ways to achieve a favorable outcome is by uncovering errors in the prosecution's approach. This can include anything from improper police procedures to flawed evidence collection and handling.

At Hutchison and Tubiana, PLLC, our team of experienced DUI lawyers in the Florida Keys have a proven track record of success in identifying and countering prosecution errors.

We understand that even the smallest mistake or oversight can significantly impact the outcome of your case. That is why we conduct detailed analysis and strategic counterarguments to challenge any questionable evidence the prosecution presents.

Below, you'll learn more about some of the most common types of errors that can occur in DUI cases and how our team can help you fight against them.

Exposing Flaws in Probable Cause

DUI attorneys in the Florida Keys often review the details of a traffic stop to uncover flaws in the officer’s reasoning. They check for errors in the officer’s observations, such as mistaking a legal driving action for a traffic violation.

Attorneys also examine the evidence provided to support the stop, like allegations of erratic driving that lack clear proof. If the justification for the traffic stop is proven weak, it can suppress evidence, potentially strengthening the defense.

Uncovering Improper Evidence Handling

When examining the handling of evidence, lawyers often discover critical missteps that can affect the integrity of a case. These missteps may expose gaps in protocol, human error, or even negligence, casting doubt on the reliability of the evidence.

The areas they investigate include:

• Documentation Errors: Any missing, incomplete, or inconsistent documentation in the evidence log can indicate improper tracking and compromise the chain of custody. Details such as time, date, and personnel involved must be meticulously recorded and aligned.

• Storage Conditions: Evidence, particularly biological samples like blood or DNA, must be stored under the correct environmental conditions. Temperature fluctuations, contamination risks, or poorly secured storage areas can degrade evidence and lead to questionable results.

• Improper Handling Procedures: Evidence must be handled according to strict protocols, including the use of gloves, sterile tools, and appropriate containers. Cross-contamination or failure to adhere to these procedures can irreparably damage evidence integrity.

• Lack of Authorized Personnel: Only individuals with proper training and authorization should manage evidence. Unauthorized access, intentional or accidental, introduces opportunities for tampering or mishandling, leading to serious breaches in case reliability.

With the help of our experienced DUI lawyers, you can ensure that all evidence handling protocols are properly followed to guarantee the integrity of your case.

Spotting Omissions in Police Reports

By carefully reviewing the police report, attorneys can find details that may have been left out or changed. These missing pieces of information can play a key role in defending a case. For instance, if an officer fails to note certain procedures or tests performed, it may suggest that critical steps were skipped during the investigation process.

Such omissions can raise doubts about the reliability of the evidence presented. Lawyers use these gaps to challenge the prosecution's claims and highlight inconsistencies in the case. This careful attention to detail can ultimately strengthen the defense and protect the rights of the accused.

Don't Face Charges Without a DUI Attorney in the Florida Keys

It's no secret that getting arrested for a DUI can be an overwhelming and stressful experience. Not only do you have to deal with potential legal consequences, but also the social stigma and emotional toll of being accused of a serious offense.