By: Miami DUI attorney, Albert Quirantes– 305-644-1800
It has taken some time to issue Tomi R. Tubbs, aged 47 years,with a citation for driving under the influence of alcohol (DUI). The actual accident that led to his arrest took place nearly 2 weeks before being charged with the offense.
Miami Police reported that the driver of a 2013 red Ford Explorer, Verda L.Wright, aged 78 years, stated when interviewed by police that while she was waiting at 17th Avenue SW in Miami to travel south onto Highway 125/E Street SW she had completed the turn and was trying to go south. Wright, after looking, did not spot any headlights or any vehicles approaching before completing the turn.Suddenly, her vehicle was hit from behind by a Yellow Chevy Cobalt that was being driven by Tubbs.
Both of the vehicles stopped just over 100 feet South West of where the collision took place, well clear of the roadway. Immediately, Tubbs’ vehicle burst into flames. Tubbs’ vehicle left 87 feet of skid marks before it hit Wright’s Ford Explorer.
Emergency workers found that no one had injuries that required medical treatment. Tubbs was soon arrested for suspicion of DUI (Alcohol) by Miami Police Officer, Sean McDonald, who was investigating the accident. The road was wet at the time, but this was not reported to have contributed to the cause of the accident.
DUI is taken quite seriously in Florida and penalties are harsh if convicted. Before a conviction for DUI can take place though the court has to be presented with evidence that is indisputable, otherwise there is a chance that it will be dismissed.
The types of evidence that are used to prove DUI include the results of field sobriety exercises, positive BAC results found when the defendant is breath tested and the same when a blood test is taken. No one can be convicted just based on poor driving behavior. So far, there is no indication what resulted in the charge.
Tubbs will need an experienced Florida DUI defense attorney to represent him in court as so often evidence presented by the prosecution is full of flaws and mistakes. Field sobriety exercises are the least accurate, especially when the defendant has just been involved in a collision and may be shaky on his feet. The same applies to breath testing as the Intoxilyzer machine used for this procedure has been known to be unreliable. The accuracy of blood tests depends entirely on how long after consuming alcohol the test is undertaken and an extrapolation made to the time the person was actually driving. Extrapolation as well is nothing more than a mathematical guess.
Some drivers who have been drinking even a small amount of alcohol fail to fight their case in court and to question the arresting officers opinions and conclusions, when accused of suspicion of DUI. They think they can do nothing about it, so don’t question the charge in court and end up with a life changing conviction.
It is your legal right to fight a charge, question the officer and the best way of doing it is by hiring an experienced Miami DUI defense lawyer who will ensure you are not wrongfully convicted. Hiring the best Miami DUI attorney you can afford may ensure that any evidence that the prosecution presents will be thoroughly scrutinized for irregularities.
The prosecution and sometimes even the Court are happy if they are able to convict without a fight. This is not how our state’s justice system works. You have the right to be represented by a Florida DUI defense lawyer who will ensure that the case is contested and that justice is done.
Miami DUI defense lawyer Albert Quirantes has been fighting DUI cases for the accused since 1988. He can help you mount a defense where no stones are left unturned.
If you have any questions about this article or any criminal or DUI issue, feel free to call attorney Albert Quirantes at the Ticket Law Center in Miami, 305-644-1800, visit our website to text us directly or get a map and directions. www.DUIfirm.com