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Beat a DWI Charge / Win your DUI
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.
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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.
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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 SIMON LAW
GROUP to speak with an experienced New Jersey DUI attorney who has a proven
track record of litigating DUI cases in New Jersey state court.
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40 West High Street Somerville, NJ 08876
Ph: 800-709-1131
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info@simonattorneys.com
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