Ways to Contest DWI Charges In NJ
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Standardized field sobriety tests are not reliable evidence for a DUI conviction.
In healthy people the one leg stand is only accurate 65% of the time in predicting that an individual’s blood alcohol content is over the limit of 0.08%.
And the walk and turn test is only accurate 68% of the time.
A NJ DUI Lawyer can argue in your defense against the validity of standardized field sobriety tests.
Non-standard field sobriety tests such as reciting the alphabet, counting backwards and touching your finger to your nose are not valid at all but police may still testify using these tests as evidence of intoxication towards a DUI conviction.
Neither the federal government nor medical science personnel recognize these tests as valid proof of intoxication. A New Jersey DUI lawyer will ensure that any attempts to use these tests as evidence of intoxication are combated and the evidence excluded.
The New Jersey police must have probable cause to pull you over such as a traffic violation. Observing someone come out of a bar and drive away in their car is not a valid reason to pull the driver over.
If the officer did not have probable cause to pull you over, the case can be thrown out. This violation of a driver’s rights can be effectively argued in court by a New Jersey DUI attorney.
A New Jersey police officer may have pulled you over for driving behavior that is not actually illegal. Weaving in your own lane is not illegal.
If you did not cross any lines, wavering in your own lane is not probable cause to pull you over.
A New Jersey DUI lawyer is very knowledgeable of the New Jersey traffic laws and can determine whether the police had probable cause to pull you over.
Videos or dispatch tapes that record everything that takes place when the defendant was pulled over can show that the police officer is exaggerating in testimonial.
The police officer may claim that the driver was hostile and non-compliant or that the results of field sobriety tests were worse than they were in actuality.
The video cameras in the vehicles of New Jersey State Troopers and other DUI enforcement officers record what actually happened and can provide good evidence in defense of the driver. A New Jersey DUI attorney can investigate and request that such evidence be presented in court.
The person who conducts the breath test may be unlicensed or their license may have expired. Licenses automatically expire in three years. These facts can be obtained by a New Jersey DUI lawyer and presented in court to so that the test results may be excluded from evidence.
The breathalyzer equipment may have malfunctioned or it may have been operated improperly. If the prosecutor cannot show that all procedures were properly followed and the machine was functioning correctly, the test results may not be considered as evidence.
These procedures and workings of the breath test machines are very familiar to a New Jersey DUI attorney.
Medical and health problems can affect one’s performance on field sobriety tests and should be taken into consideration when evaluating these tests. In addition, some medical conditions may affect the results of a breath test.
A New Jersey DUI lawyer will consult with you and your physician regarding this issue if you suffer from medical conditions.
Bad weather such as strong winds or slippery ground can affect driving or balance on the field sobriety tests. This can be used in your defense against DUI charges by a New Jersey lawyer who knows how to investigate every detail of your experience when arrested.
Police officers’ record or statements can be used to argue against the credibility of his testimony. If the officer has been involved in a DUI case in the past, the testimony from that case in regards to the reliability of tests or how to conduct them can be compared to testimony in the current case to identify discrepancies in knowledge of how to administer the tests.
In addition, if the officer misled the driver in regards to his right to decline a blood test, the results may be thrown out. A New Jersey DUI lawyer can navigate this complicated area of improper conduct by police officers.
The neglect to conduct a proper observation period can weaken the prosecutor’s evidence against you. If the officer does not keep you under observation for 20 min before conducting a breath test, the results of this test can be excluded. A New Jersey DUI lawyer can investigate all aspects of the observation period and determine if your rights as a citizen of New Jersey were violated.
Independent witnesses, such as bartenders, hotel personnel or medical staff can sometimes provide evidence of the defendant’s sobriety. Usually this is only the case when the driver was, in fact, not intoxicated. These crucial witnesses can be sought out and called to the stand by a New Jersey DUI attorney.
Failure to read the New Jersey Implied Consent Warning prior to conducting a breath test can result in this evidence being excluded in court. If the officer did not read you the Implied Consent Warning, a New Jersey DUI attorney can make sure that this fact is brought to the fore in court.
Personal items that contain alcohol can affect breath tests. These items include asthma spray, cough drops, paint and finger nail polish. If any of these items was present at the time you were pulled over, your breath test may have been affected. You must think carefully about all aspects of the experience of your New Jersey DUI arrest.
Perhaps the police officer offered you a cough drop before you took your breath test. Maybe you had just done your nails or painted a mural on the wall at the new bar that just opened up. A New Jersey DUI lawyer will examine all these issues that may have contributed to a test result of BAC over 0.08%.
Errors with the Alcotest 7110 MK111-C breath testing machine can make the results incorrect and unsuitable to be used as evidence in the court. The machine may have improper settings, fail to recognize errors in testing such as improper timing.
A New Jersey DUI lawyer is knowledgeable about the potential glitches in the breath test machines and knows experts on the subject.
The New Jersey State must provide you with a speedy trial. Cases must be resolved within 60 days of the day of arrest. If you have not been treated lawfully and received a speedy trial your case may be dropped. A New Jersey DUI lawyer will ensure that your case is treated fairly.
Expert witnesses include those people able to validate the functionality of the breath test equipment, as well as the accuracy of the blood test and the field sobriety tests. In almost every DUI case it is necessary to involve these experts to challenge the validity of the tests.
A New Jersey DUI lawyer, experienced against defending against DUI charges in New Jersey, knows who has been an effective witness in the past.
Blood tests may also be challenged on the ground that protocol was not followed in taking them. The police may have taken you to a medical center to have the tests done and even there the procedure may not have been done properly.
The blood test may provide inaccurate results if the medical technician uses a lactate ringer or a swab. Even if the swab is supposed to be non-alcoholic, there is a possible trace of alcohol in it. Only a specialist New Jersey DUI lawyer can investigate all these circumstances properly.
You cannot be forced to give blood or urine samples. If either was taken against your will or you were led to believe it was required, results can be excluded in court.
So if you objected to the tests and the police officer convinced you to take it or held you down while his partner drew blood, you may have a stronger defense against the DUI charges. These issues will be argued in trial by an experienced New Jersey DUI lawyer.
In New Jersey you cannot be charged with refusal in the case of declining to give blood or urine. However, in the case of breath testing you can be charged with refusal. If you are in need of legal representation regarding your DUI arrest in New Jersey.
Contact the Law Offices of Matthew Reisig to speak with an experienced New Jersey DUI attorney who has a proven track record of litigating DUI cases in New Jersey state court.
Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728