Just having Xanax in your system isn't enough to convict. What were the levels? How does the partial video look?
Why did you hire a lawyer who can't answer your questions?
Did you hire the lowest price lawyer? This is why some of us charge more than others
Carefully read Fla Stat 316.193, 877.111, and Chapter 893 to see whether your facts fit in there. If not, then you should be okay. But if they do fit, then I would think that your battle will be whether your normal faculties were impaired.
Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.
I really think you need to sit down with your lawyer once they get the video and discuss the possibility of going to trial. You hired a lawyer and you should be comfortable enough not to second guess him or her and if you are not, then consider retaining someone else. Once he obtains the video, go meet with him/her and discuss your case in great detail. You may have a decent shot at getting case dropped but we would not be in the best place to second guess your lawyer.
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You can have your lawyer file a motion to dismiss for spoilage of evidence (missing or incomplete video). In Missouri video is considered a statement and is very important to your defense. The hard point is you must show more an intent to destroy evidence. Checl the surrounding area for other surveillance comeras (stores, bank ATM, etc.
The other issue is if this was just a urine test, it has little to no forensic value. Mere presence of a compound in urine has nothing to do with impairment. Get an expert witness to testify. That will cost you but it will be worth it. Urine is just history!
Although every circuit in Florida handles cases differently, I believe you may have a solid defense. I am assuming you that you have a valid xanax prescription since you also tested positive for the xanax metabolite (" alpha-hydroxyalprazolam") which may indicate that you have ingested this substance for quite some time. Xanax is a controlled substance that is recognized by the legislature under Chapter 893. Therefore, you can be legally charged with DUI. However, in my experience, FDLE urinalyses only detect the presence of a substance, not the amount of substance that would be present in your system. Therefore, the State will have to rely on the video and testimony of the officers.
Was the officer that arrested or investigate you a Drug Recognition Evaluator?
Why were you stopped?
Does the police department have a policy regarding videotaping DUI investigations?
Did you advise the police that you were impaired post Miranda or during the roadside investigation?
These are a few questions you may want answered before determining what your chances are of a positive outcome.
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