Being charged with driving under the influence of alcohol or drugs is a horrible situation to find yourself in. There are serious consequences if you are convicted of a DWI under N.J.S. A.39:4-50 in New Jersey. Penalties for these offenses are harsh and inalterable. If you are found guilty of a DUI, you will be subject to a mandatory loss of license, insurance surcharges, numerous fines and penalties, and possibly a requirement that an interlock ignition device be installed on your car. Importantly, there are no plea deals in DWI cases.
The State of New Jersey has a strict policy of not negotiating the penalties or charges related to a DWI. This means that, unlike a speeding ticket, you cannot simply walk into court and ask that the charge be lowered to something else. With so much on the line and no option other than an outright dismissal, DWI cases require a careful review of the discovery to spot any potential legal issues or defenses. Our highly experienced DUI defense attorneys use a host of strategies to get DWI charges dismissed against clients in West Orange, Bloomfield, Millburn, Short Hills, Newark, Montclair, Nutley, and throughout Essex County. If you want to discuss your specific drunk driving or driving on drugs case with an attorney who can help, call our local Newark office at 201-654-3464 for a free consultation. A member of our team is standing by to assist you.
Challenge the Breath Test for Bloomfield DWI Charges
After you have been arrested and taken to the police station, it is likely that the police will administer a breath test by using an Alcotest. There are numerous requirements for administer the breath test. Two breath tests must be administered. The mouth piece on the machines must be changed between tests. You must be observed for twenty minutes prior to the test and continuously observed throughout. The officer should state in his report that there was nothing in your mouth prior to the test and that he observed you continuously during the twenty minute period and that you did not burp or regurgitate prior to the tests.
The person who administers the tests must be trained to use the machine. The discovery should include the officer’s certificates of training as well as certificates that demonstrate that the machine, its parts, and all solutions used in the testing are in good working order and not expired or that the person that administering the tests or reviews of the instruments is in good standing with the department. For example, in 2016, a New Jersey State Police Officer was charged with the crimes of tampering with or altering records. The officer was alleged to have falsified records relating to recalibrating some Alcotest machines. Our attorneys will be able to review the materials to determine if any issue has potentially impacted the reading to your detriment.
Contest the Warrant to Draw Blood after West Orange DUI Arrest
Did the police obtain a warrant to have your blood drawn and was the warrant properly issued? Police may seek to have your blood drawn to determine if you have any substances in your system. The police must obtain a warrant to have your blood drawn. Only a superior court judge can issue a warrant. The police must have probable cause to believe that you were driving under the influence in order to obtain a warrant. You are entitled to know what the officer told the judge in order to obtain the warrant. Your attorney may file a motion to challenge the basis of the warrant in an attempt to suppress the results of the blood draw. If there is merit to the motion and the judge grants the request, then the results of the lab test cannot be used against you.
You may also be able to challenge the way the blood was taken at the hospital or request the remaining blood samples to have it tested on your own. Your lawyer can request medical records to determine if there are issues with any of the above.
Charged with Drunk Driving in Millburn? Fight the Reason for the Motor Vehicle Stop
Did the officer that stopped you have a legal reason to pull you over? An officer can stop you for any motor vehicle infraction or violation of the motor vehicle code. He cannot stop you simply because he does not like where you are coming from i.e. a strip club, a heavily populated area, a sporting event, or because he just does not like how you look. If the officer pulls you over for a motor vehicle infraction like failing to maintain a lane, speeding, or failing to signal (just to name a few), it is likely that it is recorded and then later added in the police report. Your attorney will look for things such as this to see if the officer had a justifiable reason for the stop.
Undermine the Probable Cause for a DWI Arrest in South Orange
After the stop, the officer must have some reason to believe that you are under the influence of something that has impaired your ability to drive. If there is no probable cause to believe that you are under the influence, he cannot ask you to get out of the car and perform field sobriety tests or a breathalyzer. This does not mean you should refuse the test. If you refuse to take the breath test you will be charged with a refusal, a DUI, and receive a 7-10 month loss of license.
Arrested for DWI in Newark, What is the Best Defense Available for my Case?
If you have been charged with a DUI, our lawyers will investigate your case and may find that the officer did not follow proper protocol while testing you or that the breathalyzer was not in proper working order. An DWI expert can also be used to help spot any potential defenses and our team employs the services of a former New Jersey State Trooper and Police Academy instructor who can review the discovery. Above are some of the best defenses for DWI in New Jersey, which a knowledgeable lawyer can use to argue on your behalf and possibly get your case dismissed. Contact us at 201-654-3464 for a free review of your DWI charges.