Contesting A DWI

A New Jersey DWI Lawyer knows that standardized field sobriety tests are not reliable evidence for a DWI conviction. In healthy people the one leg stand is only accurate 65% of time the walk and turn test is only accurate 68% in predicting that an individual’s blood alcohol content is over the limit of 0.08%.

The federal government or medical science personnel recognize tests such as reciting the alphabet, counting backwards and touching your finger to your nose is not valid proof of intoxication. A police officer can still give these tests and testify that you took the tests as evidence of a DWI conviction. A New Jersey DWI lawyer will determine that any attempts to use any of these tests as evidence of intoxication can be contested and the evidence excluded.

A New Jersey police officer must have probable cause to pull you over. Just observing someone come out of a bar and drive away in the car is not probable cause to pull you over. The case can be thrown out if the police officer did not have probable cause. A New Jersey DWI attorney does your rights and can effectively argue this in court.

A New Jersey DWI lawyer is very knowledgeable of the local traffic laws. A New Jersey police officer can pull you over for driving behavior that is not illegal such as weaving in your own lane. A lawyer will tell you that wavering in your own lane, but not crossing any lines in not probable cause to pull you over.

New Jersey police cars and other DWI enforcement cars are equipped with video car camera’s that record everything that happens when you are pulled over. These recordings can show that the police officer is exaggerating what really happened in the field sobriety tests. It will show if you were hostile or non-compliant while taking the field sobriety tests. A New Jersey DWI attorney will make sure that these recordings are investigated and such evidence is presented in court.

A New Jersey DWI lawyer knows that the person conducting the breath test must have a valid license. The license automatically expire in three years. Every now and then the person who conducts the test may have an expired licensed or may not even be licensed to take the test, which can result in the test be excluded from evidence.

The procedures and workings of the breath test machines are extremely familiar to a New Jersey DWI attorney. The prosecutor needs to show that all procedures were properly followed and the machines were functioning correctly to be considered as evidence. The breathalyzer equipment may have malfunctioned or it may have been operated improperly.

A New Jersey DWI lawyer will consult with you and your physician concerning your health and medical problems, which can affect your performance on a field sobriety tests. Also some medical conditions can affect the outcome of a breath test.

Terrible weather such as strong winds or wet ground can affect driving or balance on the field sobriety test. Every detail of your experience when arrested will be used by a New Jersey lawyer in your defense against the DWI charges.

Past records and statements of the police officer can be used to argue against the credibility of his testimony. A New Jersey DWI lawyer can pull past cases in regards to the reliability of tests on how he conducted them to identify discrepancies in knowledge of how to administer the tests. Also if the police officer misled the driver in regards to his right to decline a blood test the results may be thrown out. Improper conduct by police officer’s is what a New Jersey DWI lawyer can use in defense in your case.

A New Jersey DWI lawyer can investigate all aspect of the observation period. For example if the officer does not keep you under observation for 20 minutes before conducting a breath test, the results of this test can be excluded. These are your rights as a citizen of New Jersey.

Crucial witness such as bartenders, hotel personnel or medical staff can sometimes provide proof of the defendant’s sobriety to a New Jersey DWI attorney to help in your case. This typically is only the case when the driver was, in fact, not intoxicated.

If the police officer did not read the New Jersey Implied Consent Warning prior to conducting a breath test then the evidence can be excluded in court. A New Jersey DWI attorney can make sure that this fact is brought up in court.

Any personal items that contain alcohol can affect breath test. Some of these items include asthma spray, cough drops, paint, and finger nail polish. Your breath test results may have been adversely affected by these items if they were present when you got pulled over. Consider carefully all aspects of your experience during your New Jersey DWI arrest. Possibly you had just had your nails done or painted a mural on the wall of the new bar. Maybe the police officer allowed you to take a cough drop prior to your test. Any test result of BAC over 0.08% should be fully examined by a New Jersey lawyer to determine if any of these issued contributed to your test result.

If any errors are detected with the Alcotest 7110 MK111-C breath testing machine, the results may not be admissible as evidence in court. If the machine has improper settings that fail to recognize an error such as improper timing. We know experts in the field and a New Jersey DWI lawyer is schooled in the potential errors of the breath test machines.

Your case must be treated fairly and timely by New Jersey law. The State of New Jersey has 60 days to resolve your case from the date of arrest. Failure to do so may result in a dismissal. A New Jersey attorney will ensure that your case is treated fairly.

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 DWI arrest in New Jersey.

Contact Reisig & Associates to speak with an experienced New Jersey DWI attorney who has a proven track record of contesting and fighting DWI charges in New Jersey state court.