JSD Legal: Plausible Defenses To DWI Cases In New Jersey

Plausible Defenses To DWI Cases In NJ

There’s an array of plausible defenses to Plausible Defenses To DWI Cases In NJ which are formulated on a case-by case basis. The most common defenses lie in showing that the tests used to “prove” that you were intoxicated should not be admissible as evidence against you in court. You can do this by…

1. Disputing the accuracy of the breathalyzer test.

In New Jersey, a BAC reading at or above 0.08% is sufficient to sustain a DWI conviction. However, you must question whether the machine used to take the initial reading might have been malfunctioning or not properly maintained or calibrated. Defective breathalyzer machines and improperly administered tests are far from uncommon. As a result, it is imperative to ensure that your testing mechanism was fair before holding you to any result it may have produced.

2. Showing that the officer didn’t conduct a “continuous and uninterrupted” 20-minute observation period.

In a New Jersey DWI investigation, police must observe you for a continuous and uninterrupted period of 20 minutes to ensure that you did not burp, regurgitate, or put anything into your mouth that might disrupt or cause an inaccurate BAC reading. For instance, if the officer notices chewing gum or tobacco in your mouth, they are required to restart the 20-minute period before administering a breathalyzer.

3. Showing that field sobriety tests conducted by the officer were improperly administered.

If the officer had reasonable suspicion to believe that you were operating the vehicle under the influence of alcohol or drugs, he should have requested you to step outside of the vehicle to conduct a series of standard field sobriety tests. The officer not only is required to have completed courses and receive the certification to conduct these tests, but he is also required to ensure that he is following the standard operating procedures.

If the officer did not conduct the test properly in any of these instances, the result is not admissible against you in court. However, the only way to tell if you have a hole like this in your case is to work with an expert who has the knowledge needed to identify the subtle factors that can lead to a dismissal.

For more information on Plausible Defenses To DWI Cases In NJ, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 421 3668 today.