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What happend when Alice was stopped?
The officer told her to do the Field Sobriety Test. Despite having an attorney for her prior DUI, she didn’t know she could have refused these test. Alice is a diabetic and at almost 60 years of age she had zero chance of passing the sobriety tests. These tests are not your friends. She should have refused. She likely would have been arrested in any event, but she would have provided less evidence that the State can later use to convict her.
Alice was taken to the station and told to give a breath sample. The Alcotest machine made several errors, but ultimately gave Alice a reading of .18 Blood Alcohol Content (BAC). Anything over a .08 BAC in New Jersey and you are considered drunk. This is a high reading, but it was almost certainly wrong.
Alice called Pedro, a friend and asked what attorney she should hire? It turns out we had beat a DUI for Pedro the year before. So he readily recommended Andres Mejer Law. Alice promptly hired us.
What did Andres Mejer Law do?
The first thing we did is order the discovery. We reviewed the video of the tests and compared it to the officer’s narrative. Then we ordered her medical records and sent the entire package to a Doctor we use as an expert.
The expert, who is also an attorney, reviewed the material and concluded that almost without a doubt there was no way she could have completed the field sobriety tests. He also felt that her condition contributed to a false reading of BAC because of the way alcohol is digested in her body due to her particular diabetes. This isn’t to say that every diabetic gets a free pass on a DUI. However, in Alice’s case it was impossible for the reading to be accurate. Also, her symptoms can give the impression that she is under the influence when she isn’t.
In this case, the officer didn’t do anything wrong. Because of the combination of her age and condition, Alice gave the impression that she was drunk, even if she wasn’t. She didn’t help her case by doing the sobriety tests. You should never take those exams. However, you must give a breath sample if requested. Failure to do so is a separate offense.
What happend to Alice’s DUI?
Alice’s DUI was dismissed because it is the state’s burden to prove beyond a reasonable doubt that she was:
- Operating a motor vehicle;
- On a public road way; AND
- While over the legal limit (.08 BAC)
The state has the burden to prove all three elements. The moment we had an expert opinion that explained the symptoms and the results, we had a reasonable alternative. When we present a reasonable alternative there is no way the state can meet its burden.
Free Resources for your DUI or Traffic Violation
If you are charged with a DUI you need to know your options before going to court. On this page you will see an offer for my books, click the link, put your name and contact information and we will give you these books free:
- Arrested for Drunk Driving? Learn how to Beat the Odds -- Here I discuss defense strategies, and common mistakes I see other attorneys make in defending these complicated cases. I also list for your question you should ask any attorney that you interview for your defense.
- Why Pleading Guilty to Your New Jersey Traffic Ticket is NOT an Option -- Here I discuss court process and violations, including DUI’s. There lots of case examples here.
- An Immigrant’s Guide to Municipal Court. This discusses specificlly what you will encounter in Municipal Court if you aren’t a U.S. citizen and how it can result in removal proceedings in Immigration Court. I define important terms and guide you through the Municipal Court and Immigration Court process.
If you have DUI or Traffic offenses questions, we have answers. You can,
- Call 888-449-7492 to speak to our knowledgeable staff;
- Fill out the contact us form on this page;
- Select the live chat feature to speak to someone right away.
We help DUI defendants, one court case at a time.
.18 BAC dismissed at Lakewood Municipal Court