Breathalyzer Test Defense Strategies

Summary

In Florida, issues with breathalyzer tests like volume not met or slope not met can be significant in a DUI defense. Its important to gather evidence such as breathalyzer calibration records, officer training records, and video footage from the traffic stop. You can request these records from the Hernando County Sheriffs Office. The police report differs from field sobriety test documentation, which includes detailed records and videos. To request records online, visit the Hernando County Sheriffs Office Public Records Request page.

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Florida
In Florida, if you are charged with a DUI and there were issues with the breathalyzer test, it could be significant. Here are some points to consider:
- Florida law requires breathalyzers to be properly calibrated and maintained.
- If the device reported "volume not met" multiple times, it may indicate a malfunction.
- This could potentially be used to challenge the validity of the DUI charge.
Would you like more detailed information on how to contest a DUI charge based on breathalyzer issues?
The officer only wrote that it did it once in the report and failed to mention the other multiple tries
It's important to address discrepancies in the officer's report. If the breathalyzer test was not properly administered, it could be a significant point in your defense. Would you like to know more about how to gather evidence or find a lawyer who specializes in DUI cases in Florida?
How do I gather this evidence
To gather evidence for your DUI case in Florida, consider the following steps:
- Obtain the breathalyzer maintenance and calibration records.
- Request the officer's report and any video footage from the traffic stop.
- Collect witness statements if applicable.
- Document any discrepancies you recall from the event.
Would you like more information on finding a lawyer who specializes in DUI cases in Florida?
Where would I request video footage from the traffic stop in Hernando County Florida
To request video footage from a traffic stop in Hernando County, Florida, you can contact the Hernando County Sheriff's Office. You will need to submit a public records request.
Would you like more information on how to submit this request?
Slope not met vs volume not met
It looks like you have specific concerns regarding "slope not met" and "volume not met" in breathalyzer tests.
- Volume Not Met: This generally indicates insufficient breath sample volume.
- Slope Not Met: Indicates improper breath sample slope, suggesting possible mouth alcohol contamination or improper breath sample.
Both issues can affect the validity of the test.
Would you like to know more about how these issues can be used in your defense in a DUI case?
Help me write a request for the video footage
Sure, here's a sample request for video footage:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Hernando County Sheriff's Office
[Address of Sheriff's Office]
Hernando County, Florida
Subject: Public Records Request for Video Footage
Dear Sir/Madam,
I am writing to formally request access to the video footage from a traffic stop that occurred on [Date] at [Location] in Hernando County, Florida. The incident involved a DUI investigation, and the officer reported "volume not met" during the breathalyzer test.
Specifically, I am requesting:
- All video footage from the traffic stop, including dashcam and bodycam footage.

This footage is crucial for my defense, as there were multiple attempts during the breathalyzer test that were not documented in the officer's report.
If there are any fees associated with fulfilling this request, please inform me in advance. I appreciate your prompt attention to this matter.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you like more information on how to submit this request or any other details?
What other discovery items, proof should I request
Here are some additional discovery items and proof you should request for your DUI case:
- Breathalyzer Calibration Records: Ensure the device was maintained and calibrated properly.
- Officer Training Records: Verify that the officer was properly trained to operate the breathalyzer.
- Dispatch Logs: To check the timeline and any relevant communications during the traffic stop.
- Medical Records: If you have any medical conditions that could affect breathalyzer results.
- Field Sobriety Test Documentation: Obtain any reports or videos related to field sobriety tests conducted.
Would you like more information on any of these items?
Is the police report the same as field sobriety test documentation
No, the police report and field sobriety test documentation are not the same. The police report is a summary of the incident written by the officer, while field sobriety test documentation includes detailed records and possibly videos of the tests conducted during the traffic stop.
Would you like more information on how to obtain the field sobriety test documentation?
Help write a request for the video footage, Field sobriety test documentation,and dispatch logs.
Sure, here's a sample request for video footage, field sobriety test documentation, and dispatch logs:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Hernando County Sheriff's Office
[Address of Sheriff's Office]
Hernando County, Florida
Subject: Public Records Request for Video Footage, Field Sobriety Test Documentation, and Dispatch Logs
Dear Sir/Madam,
I am writing to formally request access to the following records related to a traffic stop that occurred on [Date] at [Location] in Hernando County, Florida. The incident involved a DUI investigation:
- All video footage from the traffic stop, including dashcam and bodycam footage.
- Field sobriety test documentation, including any reports and videos.
- Dispatch logs related to the traffic stop.
This information is crucial for my defense, as there were multiple attempts during the breathalyzer test that were not documented in the officer's report.
If there are any fees associated with fulfilling this request, please inform me in advance. I appreciate your prompt attention to this matter.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Wouldyou like more information on any other related items?
Where do i request this online
To request the video footage, field sobriety test documentation, and dispatch logs online for Hernando County, Florida, you will need to submit a public records request through their website.
Visit the Hernando County Sheriff's Office Public Records Request page and follow their instructions to submit your request online.
Would you like more information on how to proceed with your defense?