People facing a DUI in Miami may feel so overwhelmed with the situation that they may not realize the technology the police used to make the arrest may benefit their case. The police have highly sophisticated devices to track speeding violations. These devices are frequently used in cases that result in DUI arrests. However, there are many requirements and regulations governing the use of these devices, and it is possible the officer did not use the technology properly. A Miami DUI Lawyer who is well-versed in these rules may be able to help get your DUI dismissed.
How a DUI Arrest is Made
To make a DUI arrest, an officer can’t just go on a gut feeling to pull people over. They have to have some reasonable cause to stop a driver. The officer has to witness the driver operating his or her car in an erratic manner, violating traffic laws or speeding. A Miami criminal attorney will help get your case dismissed if a police officer pulled you over without having a legal reason to.
Speeding is one way the officer can justify pulling a car over as the beginning of a DUI arrest. To determine whether the driver was speeding, the officer has to either pace the car with their vehicle or use a radar speed measuring device to determine the speed. Many drivers who have been hit with DUI charges don’t realize how many regulations exist that officers are required to follow when using these devices. If a Miami criminal lawyer can prove the officer did not comply with the rules for using the speed measuring device, your DUI charge may be thrown out.
Regulations for Radar Speed Measuring Devices
The regulations for officers using speed measuring devices are so complex that officers frequently do not follow them to the letter. Some of these rules include:
- An officer must be trained to use these devices, and the training must be current
- The device must have no speed locks or audible alarms
- A speed doppler must be used
- Speed measurement must be properly calibrated and checked
In addition to regulations governing the devices themselves, the information must be logged properly by the officer. There must be an inspection for accuracy at several points and the data has to be recorded. It is possible that an officer skipped a step in this process, and if so, a Miami criminal defense attorney may be able to help you avoid prosecution. If you are dealing with a DUI in Miami, don’t despair, but contact a Miami criminal law firm.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami DUI Lawyer.