Bieber’s DUI Charges May Be Losing Speed

/in , /by

Celebrity Justin Bieber was arrested in Miami, Florida for allegedly possessing an expired driver’s license and driving under the influence. Law enforcement agents also charged Bieber with resisting arrest.

Naomi Campbell & Justin Bieber Visit "Late Night With Jimmy Fallon"Bieber Allegedly Causing Trouble in Miami

In a written report detailing the incident, Miami police officers claimed that they detained the singer after noticing him drag racing down a Miami city street alongside a friend’s vehicle. The police report filed with the Miami court mentions that the motorists were driving faster than the legal speed limit, and that Bieber exhibited signs of intoxication when stopped and questioned.

Controversy Surrounding Police Report

However, according to TMZ, the charges against Bieber are at least partially unfounded; it claimed that a GPS device attached to the rented cars proved he was driving at 27 MPH.

In addition, ABC News reported that the celebrity’s BAC was later determined to be less than the .02 standard of intoxication for underage drivers. However, the police’s initial toxicology test denoted marijuana and Xanax in Bieber’s system.

Defending DUI-D Charges

Although Bieber tested positive for certain drugs, Bruce Kapsack notes in Innovative DUI Trial Tools that drugs may leave traces long after they impair your body. Justin Bieber may have had traces that did not affect his driving.

According to Kapsack, in states that do not have DUI-D per se statutes [including Florida], a DUI-D case requires the state to prove impairment in the ability to drive. General impairment is irrelevant.

Bieber Could Potentially Beat the Charges

“A number of drugs cause some form of impairment without impairing driving ability… if your client took a drug that has increased his pulse, raised his blood pressure, and dilated his pupils, you might start to worry. However, since it was merely a cup of coffee, there is no issue.”

–Kapsack, Innovative DUI Trial Tools

Winning Strategies for Discovery and Trial of DUI Drug Cases from Attorney Author Bruce Kapsack

dui

Bruce_Kapsack_DUIThe February 2014 revision of  Bruce Kapsack’s Innovative DUI Trial Tools adds an entire new chapter: Driving Under the Influence of Drugs, which explains the nine major areas to attack when cross-examining the Drug Recognition Evaluator and provides sample questions and commentary on each area.

Find out how to counter the prosecution’s common claim that “the defense expert was not at the scene,” with specific tips for jury selection, opening statement, cross-examination of the arresting officer, and closing argument.

You’ll also find:

  • Why you need comprehensive blood discovery and how to get it with a comprehensive discovery request form.
  • Advice from an expert about how to get the most from your expert witnesses.
  • How to use looping during Voir dire to learn jurors’ true thoughts.
  • How to using the reframing techniques employed by political consultants to win DUI cases.