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- I would first challenge the reason you got pulled over. The Supreme Court ruled that police conduct does comply with the Fourth Amendment as long as it is reasonable under the circumstances. This means that there must be a reasonable suspicion the you were violating the law, if not then the chargers will get dismissed. We can challenge this through a Motion to Suppress evidence. This will not always work, but do not worry because there are more options.
- I would also challenge the officer’s probable cause for your arrest for operating a motor vehicle under the influence of drugs or alcohol (N.J.S. 39:4-50). This is a fact specific situation. There are many factors to go into whether the officer had probable cause to arrest you. The most common is the field sobriety test. The officer may not have used the NHTSA approved tests, and may not have explained or demonstrated them carefully, or there may be medical or other reasons that can explain the results. There are many different approaches I can take depending on the facts of the case.
- I would challenge the readings of the alcotest or lab tests. The machine used to determine your blood alcohol content may not have been working correctly, the technician may not have been trained in its use, or the proper procedure may not have been followed in conducting the tests. The approach is similar whether we are discussing a breath sample from the Alcotest or a state lab reviewing a sample of your blood.
There is almost always some inconsistency or flaw in the State’s case. The question becomes whether that flaw is sufficient to show some doubt as to whether you were driving under the influence. This is why it is important to hire an attorney experienced with DUI/DWI charges. There are a lot of issues that need to be reviewed. If your attorney doesn’t know what to look for, he or she won’t find it.
Your Free Resources
If you are charged with a traffic DUI/DWI you need to know your options before going to court.
- Arrested for Drunk Driving? Learn how to Beat the Odds -- Want more defense strategies? How about some common mistakes to avoid? Learn what to expect before you go to court;
- Why Pleading Guilty to Your New Jersey Traffic Ticket is NOT an Option -- Here I discuss court process and different traffic violations, including driving with out insurance and driving without a license;
- An Immigrant’s Guide to Municipal Court. Not a U.S. citizen? Learn what happens if you are convicted of your charge.
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