Reisig Criminal Defense & DWI Law, LLC

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1,402 Of My Clients = NO DWI!*

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Are There Defenses For Refusal In New Jersey DWI/Refusal Cases?

October 15, 2014 by Matthew Reisig

There are defenses for Refusal in New Jersey, but the burden on prosecutors to prove Refusal is much lower than that required to prove DWI.

In a Refusal case, prosecutors only need to prove that you refused to submit to a chemical breath test, or that you refused to supply an adequate sample, in order to demonstrate the charge.

There are circumstances where Refusal can be successfully defended. For instance, one element of a Refusal charge is that you were stopped by police based on probable cause.

If there is reason to believe that the police lacked probable cause, the stop can be thrown out and the charge can be dismissed.

In other cases, there may be a medical defense against Refusal where an insufficient sample (less than 1.5 liters, twice) was supplied to police.

Asthmatics, those with COPD, and other health issues can present medical evidence that complicates a Refusal charge, giving you a defense that a judge can understand.

Attorney Matthew Reisig has successfully defended more than 1,001 drivers in New Jersey against DWI and related charges.

Call him today at 732-625-9660 for a free consultation with an experienced New Jersey Refusal lawyer.

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Although most of our clients are from Middlesex County, Monmouth County and Ocean County, we have helped clients in EVERY county in the state of New Jersey. Don't hesitate to contact us if you need help.

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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