DWI Testing

Police are supposed to be highly constrained by laws, rules, and well-established procedures that are in place to protect both cops and the public.

Sometimes, for reasons that appear to defy logic or any sense of propriety, these hallmark guidelines fly out the window and people are subjected to significant abuse and injury at the hands of police.

That appears to be what happened to Norma Powell of Ocean City, New Jersey, who was pulled over for erratic driving in 2012 and ended up being forcibly catheterized at a local medical center, where she was infected with MRSA.

Powell reportedly has a respiratory ailment, and when police tried to obtain a breath sample, she was unable to provide it.

Then they resorted to giving her water in an attempt to make collection of a urine sample possible, but after ten cups of water, she was still unable to produce urine for a DUI alcohol test.

At this point, police reportedly transported the woman to a local medical center for a blood draw and urine collection.

A police officer assisted a nurse at the center with a forcible insertion of a catheter, which Powell believes is the source of the infection.

Powell sued, alleging illegal search and seizure, malicious prosecution, due process violations, excessive force, negligence, conspiracy, and assault and battery against two police officers and the nurse.

Several claims were dismissed in 2015, but in March, Ocean City agreed to pay Powell $140,000 in return for her agreeing that the city admits no guilt in the matter.

None of this should have been allowed to happen in the first place, if police had simply followed their own rules.

If you’ve been accused of DWI and suspect police misconduct, get help right away.

Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI and related charges, and fight back against police abuses.

Call 732-625-9660 today for your free consultation.

Yes, you can be charged with DWI if you were driving erratically and displayed evidence of intoxication, in the opinion of the arresting officer.

You can even be convicted based on police testimony, and if there is additional evidence of marijuana in your system, then you’ll have a hard time convincing a judge that the cop was simply mistaken and you were sober.

There are defenses that go deeper than that, including questioning the legality of the stop and the terms under which you submitted to a blood test.

If coercive tactics were used, you may have grounds to have the blood evidence disqualified.

There are additional plans of attack against DWI when marijuana is suspected as well. Call attorney Matthew Reisig today at 732-625-9660 for a free consultation.

For many years, the Breathalyzer device was considered the standard breath analysis machine by law enforcement in New Jersey and many other states.

While it did provide data to the police and prosecutors, the Breathalyzer had many flaws that could be exploited by the defense in DUI cases.

In recent years, New Jersey has adopted the Alcotest device and stopped using the Breathalyzer entirely.

The Alcotest is considered more reliable by the courts, because it is more automated and less subject to operator manipulation. However, there are still numerous defenses to an Alcotest result, and operators are still required to follow strict protocols in its use, which they often fail to do.

Few attorneys in New Jersey are as knowledgeable about the Alcotest device as Matthew Reisig, who has argued these issues before the New Jersey Supreme Court.

There are defenses against high Alcotest results. Call 732-625-9660 today for a free consultation.

Yes, for police to withdraw blood for testing, they need either your consent or a warrant from a New Jersey judge.

Drivers in New Jersey are subject to “implied consent” when it comes to breath testing, and if you refuse a breath test, you will be charged with refusal and face similar penalties to a DWI itself.

If you decline the breath test, police may try to coerce you into providing a blood sample, but absent a warrant, they can’t force you to give one.

The consent situation is different in cases where you may have been in an accident and been transported to the hospital.

Blood will likely be drawn as a medical necessity, and the results of that testing can be subpoenaed by prosecutors.

You can be arrested for DWI at the hospital, even if you are not medically stable enough to be transported.

Protect your rights. When you’ve been charged with DWI in New Jersey, call attorney Matthew Reisig at 732-625-9660 and get experienced help.

In the state of New Jersey, a Drug DWI is intoxication caused by a narcotic, hallucinogenic, or other hazard producing drug.

A Drug DWI is similar to a regular DWI in that it involves the intoxication of an individual, but it differs since the intoxication is caused by a drug instead of alcohol.

If you have questions concerning a Drug DWI case or any other incidents pertaining to DWI, contact New Jersey DWI attorney Reisig & Associates at 732-625-9786 for a free consultation.

In New Jersey, the Blood Alcohol Limit for an individual driving a vehicle is .08%. This means that your blood is made up of .08% alcohol, and any percentage over that number would result in the possibility of being arrested for Driving While Intoxicated.

If you or someone you know has questions regarding DWI or other driving-related legal issues, contact New Jersey Attorney Matthew Reisig at 732-625-9786 for a free consultation.