Blog Post

Motion Practice

Posted by: Zach Peagler
March 14, 2009
Topic: Legislative Measures

An attorney friend of mine sent me a link to the following post on the website of the Orlando-based law firm of Katz and Hidock (http://www.katzandhidock.com/press3.htm), regarding the inadmissibility of breath test results in limited circumstances. In the current, "everyday practice" of DUI defense in Alabama, the admissibility of breathalyzer results does not come up all that often. This, of course, is mainly due to the large percentage of municipalities that offer a deferred-prosecution alternative for most first-time DUI offenders. However, in recently speaking with a Florida DUI attorney regarding a client I am representing in Alabama that has a Florida driver's license, I realized that deferred prosecution is not an option in Florida. Wow! That certainly changes the dynamic of defending drunk driving charges! The attorney went on to tell me that due to the fact that there were no deferred programs, DUI defense in Florida had become largely a "motion based practice." This means that the battles are fought outside the courtroom, i.e. attempting to suppress the admission of breath test results in court.

I truly believe this same fate awaits Alabama DUI defense practitioners. I can't say for sure when, but political interest groups will do everything in their power to stop the ebbing tide of deferred prosecution, and attempt to have prosecutors enforce the stiffest penalties possible for those found guilty of DUI (or even those not "found guilty"). Our firm, therefore, plans to be ready for that day before it comes. We're going to continue talking to and learning from our Florida counterparts to be ready to wage the fight regarding the admissibility of various test results in DUI prosecution.

Drive Safe,

Zach