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1. Reisig, Matthew: Ways to Contest DWI Charges Standardized field sobriety tests are not reliable evidence for a DWI conviction. In healthy people the one leg stand is only accurate 65% of the time in predicting that an individualÕs blood alcohol content is over the limit of 0.08%. And the walk and turn test is only accurate 68% of the time. A New Jersey DUI attorney can argue in your defense against the validity of standardized field sobriety tests. 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 DWI conviction. Neither the federal government nor medical science personnel recognize these tests as valid proof of intoxication. A New Jersey DWI 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 driverÕs rights can be effectively argued in court by a New Jersey DWI 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 DWI lawyer is very knowledgeable of the New Jersey traffic laws and can determine whether the police had probable cause to pull you over. 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 DWI enforcement officers record what actually happened and can provide good evidence in defense of the driver. A New Jersey DWI 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 DWI 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 DWI attorney. Medical and health problems can affect oneÕs 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 DWI 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 DWI charges by a New Jersey lawyer who knows how to investigate every detail of your experience when arrested. Police officersÕ record or statements can be used to argue against the credibility of his testimony. If the officer has been involved in a DWI 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 DWI lawyer can navigate this complicated area of improper conduct by police officers. The neglect to conduct a proper observation period can weaken the prosecutorÕs 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 DWI 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 defendantÕs 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 DWI 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 DWI 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 DWI 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 DWI 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 DWI 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 DWI 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 DWI case it is necessary to involve these experts to challenge the validity of the tests. A New Jersey DWI lawyer, experienced against defending against DWI 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 DWI 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 DWI charges. These issues will be argued in trial by an experienced New Jersey DWI 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 DWI arrest in New Jersey.
2. Grasso, Michael: Driving While Intoxicated (DWI) Driving While Under the Influence (DUI) Driving on the Revoked List Uninsured Vehicle Speeding Careless Reckless Leaving the Scene of an Accident Controlled Dangerous Substance (CDS) Possession in a Motor Vehicle Provisional Driver's License Violations All moving violations Possession under 50 grams of a CDS Simple Assault Harassment Disorderly Conduct Trespassing All other non-felony offenses Private Prosecution
3. Metrick, Ira: DWI/DUI, traffic violations, speeding, motorvehicle accidents, driving while license is suspended or revoked, drug or weapon possession
4. Danzinger, Carl: Juvenile Law Criminal Offenses - Indictables Municipal Court - DWIs, Traffic Violations, Disorderly Persons Restraining Orders and Domestic Violence
5. Pezzullo, Nikole: All Criminal Matters Including: Drug Crimes Juvenile Crimes Probation Violations Sex Crimes Bail Reductions Parole Violations Assault Trials Expungements Murder/Homicide Motions & Appeals Drunk Driving Matters Guns & Weapons Charges Restraining Orders All Traffic Matters
6. Palmer, Thomas: Municipal Court/DUI Matters DUI and other serious traffic offense charges can result in long-term consequences physically, financially, socially and emotionally. It is crucial that you obtain legal counsel from an experienced attorney. DonÕt let a mistake ruin your life. Before you take any action, make sure you consider all of your legal rights.
7. Ellis, Herbert: * Drug Offenses * Robbery * Burglary * Shoplifting * Assault * Theft * Vehicular Manslaughter * Sex Offenses * All Crimes * Harassment * Juvenile Offenses * Expungements * Bail Reduction
8. Scully, Claire: Traffic offenses and non-indictable criminal offenses are handled in municipal court. Make no mistake, a traffic offense conviction or a conviction for a criminal offense can have serious and long-lasting consequences. Even a minor traffic violation can seriously impair your ability to drive, increase your insurance premiums, and cost a large fine and/or penalty. A conviction for a disorderly personÕs level or petty disorderly personÕs level offense can also have far-reaching consequences, although they seem minor in nature. You may be prevented from obtaining certain jobs, and if you were arrested on the charge, you will have an arrest record. Finally, some traffic offenses can carry jail time. Do not undervalue the seriousness of a matter that you or someone you know may be facing in municipal court.
9. Vecchio, Anthony: In DWI Prosecutions, NJ Should Not be Allowed to Sacrifice Accuracy for Economy Recently, the Law Division in Monmouth and Mercer Counties have issued divergent rulings regarding the use of Control Corp. software to calibrate the temperature probe used in the Alcotest breath testing machine. In Mercer, a judge ruled that substituting the accepted Ertco Hart unit with a less expensive unit was permissible. Most defense attorneys in NJ believe this to have been a very bad decision. More recently, a Judge sitting in Monmouth Superior ruled to the contrary.
10. Sonnenblick, Parker & Selvers: * Assault * Theft * Drug possession * Harassment * Juvenile delinquency * Sex crimes * DWI / drunk driving (including repeat offenses) * Speeding tickets and other traffic violations * Expungements * Municipal Court appeals
11. Raya, Albert: Driving while intoxicated, driving under the influence, and refusal to perform a breath test, are all serious traffic offenses in New Jersey. New Jersey drinking and driving laws impose severe penalties for individuals who are found guilty of drunk driving. Under the New Jersey DWI statute, N.J.S.A. 39:4-50: 1. No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug; 2. A person with a blood alcohol content of 0.08% by weight of blood (BAC) is deemed to be Òper seÓ intoxicated for purposes of determining whether a violation has occurred; and 3. No person is to permit operation of a vehicle by a person under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug. Penalties for Violation of the NJ drunk driving statute, N.J.S.A. 39:4-50, include: * First Offense DWI or DUI: $250-$400, IDRC, 3 months - 1 year suspension, possible 30 days in jail. * Second Offense DWI or DUI: $500-$1,000, 30 days community service, 2-90 days in jail, 2 year suspension. * Third Offense DWI or DUI: $1,000 fine, 180 days in jail, 10 year suspension. The State Must Prove Operation of a Motor Vehicle Necessary elements of a violation of New JerseyÕs drinking and driving statute are: (1) proof of operation; and (2) a motor vehicle. The element of ÒoperationÓ is customarily established through actual observations of operation or circumstantial evidence demonstrating operation. It is important to keep in mind that it is not essential that the State prove actual physical movement of the vehicle to satisfy the requirement of operation but simply that it was the motoristÕs intention to operate the vehicle and that the vehicle was capable of moving. The State typically attempts to establish ÒintentÓ by presenting evidence that the defendant placed the keys of the vehicle in the ignition and/or that the vehicle was running. Our lawyers are sensitive to the complicated nature of the issue of ÒoperationÓ and are prepared to defend clients on this issue whenever a potentially viable defense exists. The State Must Prove that a Motorist was ÒUnder the InfluenceÓ New JerseyÕs Courts have defined intoxication or being under the influence as a Òsubstantial deterioration or diminution of the mental faculties or physical capabilities of a personÓ resulting from ingestion of alcohol or drugs. Intoxication from alcohol is typically established Òper seÓ through breath test samples or blood tests demonstrating a blood alcohol content at or above the legal limit of .08%. The current mechanism for testing breath samples in New Jersey is a device commonly referred to as a breathalyzer. The breathalyzer is, however, a dated piece of machinery and New Jersey is currently in the process of phasing in a new breath test instrument, the Alcotest. Introduction of the Alcotest device has been met by resistance and litigation is pending concerning the use and admissibility of Alcotest breath sample results in DWI and DUI cases in New Jersey Municipal Courts. If the state is unable to establish a Òper seÓ violation through breath sample or blood, law enforcement may attempt to establish intoxication through field sobriety testing, also referred to as psycho-physical testing. These tests are susceptible to subjective interpretation and/or improper administration and our DWI defense lawyers are well aware of these tendencies. A DUI summons may also be issued based on ingestion of illegal drugs. When a DUI is based on drugs, the State is typically required to present evidence from a police officer trained and certified as a Drug Recognition Expert (DRE), indicating that the suspect was, in fact, under the influence of drugs. Blood or urine test results are also required to establish that the suspect possessed drugs in their system. There are many defenses to driving while intoxicated charges in New Jersey. Some of these defenses include lack of probable cause or reasonable suspicion for a stop, e.g., an illegal traffic stop, lack of probable cause to believe the driver was intoxicated, and improper inspection and certification of the breathalyzer machine. I am experienced in drinking and driving cases and will make sure that all possible defenses are asserted. Sentencing issues also arise in New Jersey DWI, DUI and Refusal cases, and I will explore each of these issues to obtain the best possible result on your behalf. For example, one aspect of a drinking and driving case that can significantly affect sentencing is the breathalyzer readings. If you are first offender in New Jersey and your Blood Alcohol Concentration (BAC) is between .08 and .10, then you will be facing a three month license suspension rather than the seven month to one year license suspension involved where readings are at or above .10%. I will do my best to have the BAC readings excluded or depleted (i.e. reduced) so that you receive the minimum suspension available. Another legal issue that frequently arises is treatment of prior convictions as sentencing can vary significantly if your prior convictions are for a DWI rather than a Refusal. If your first conviction is for a refusal rather than for a DWI, then, under New Jersey Law, you must be sentenced as a first offender. However, if your prior conviction is for a DWI, and you are subsequently charged with a refusal, then this will be considered your second offense and the penalties will be much more severe. As a result, it is necessary to contact a DWI attorney in New Jersey who has experience in handling these types of offenses.
12. Reisig, Matthew: DUI Frequently Asked Questions Does New Jersey provide for conditional, provisional, or work related licenses in the event that an individual is convicted of DWI or Refusal? NO. There is no mechanism for apply for a driver's license during the suspension period if you are convicted of DWI or Refusal. That is why it is so importsant to hire an attorney to fight your case in municipal court. Is there a differnce between DUI and DWI in New Jersey? No. New Jersey makes no distinction between the two terms. Are there different types of DWI's in New Jersey? Yes, there are several. The following is a list: 1. DWI based on breath samples from an Alcotest (New Jersey's newest breath testing machine). 2. DWI based on breath samples from a breathalyzer which will soon be as extinct as the dinosaur (New Jersey's old instrument still used in 3 counties and some State Police barracks). 3. DWI/Refusal where the individual allegedly refuses to provide breath samples or the operator deems the defendant's breath samples to be inadequate. 4. DWI blood case where the prosecution's proofs depend largely upon blood samples taken at a hospital upon request by law enforcement and ultimately tested at a state police laboratory to determind blood alcohol concentration. These cases typically arise in the event of a motor vehicle accident. 5. DWI based on the individual being under the influence of a narcotic, hallucinogenic, or habit-producing drug. These are very interesting cases where the prosecution's theory is that the person was high on drugs rather than intoxicated on alcohol. Am I going to be sentenced to jail time for a New Jersey DUI conviction? That depends on your choice of an attorney, where your matter is, your particular facts, and whether you have prior DWI convictions. For a first offense, there is jail for up to 30 days. However, a first offender is rarely, if ever, incarcerated upon conviction. For a second conviction, there is mandatory jail of between 2 and 90 days. However, the mandatory 2 days is almost always permitted to be served in the Intoxicated Driver Resource Center (IDRC) in lieu of jail. For a third or subsequent offense, there is a mandatory 180 days in the county jail upon conviction. If petitioned, the judge can allow up to 90 days of this jail sentence to be served in an inpatient treatment program. The important factor to bear in mind is that the foregoing penalties only apply if the individual is convicted of DWI. That is why it is so critical to hire an experienced DWI attorney for your matter. How much does it cost to hire experienced New Jersey DUI attorney Matthew Reisig? I am a certified criminal trial attorney. As such, I charge flat fees for all of my cases. Therefore, I do not bill the client on an hourly rate or per court appearance. My fee will depend on the facts of the case, its anticipated complexity, and the number and extent of the other charges independent of the DWI. That is why there is a free consultation associated with my law firm. Can I beat a New Jersey DUI charge in court? I have made my career and reputation on beating DWI charges. Any attorney can represent a client and plead guilty to the DWI charge. That is a result that the client can achieve on his/her own. The artistry and skill in DWI defense is beating the case that other attorneys encourage their clients to plead guilty to. However, every case has its unique facts. There are defenses to mostly every type of DWI case. What happens if I refused to take a breath test? That depends on the individual's choice of attorney. I made the law on refusal in the seminal New Jersey Supreme Court case, State vs. Widmaier, 157 N.J. 475 (1999). In that case, I successfully argued that double jeopardy attached to my client's Not Guilty finding in municipal court and he was acquitted of Refusal. The penalties for Refusal are severe. On a first offense, the fine is between $300-500, assessments of $100, an IDRC commitment, and license revocation of between 7 months and one year. On a second offense, the fine is between $500-1,000, assessments of $100, an IDRC commitment, and license revocation of 2 years. In a third or subsequent offense, the fine $1,000 with a $100.00 assessment, IDRC commitment, and license revocation of 10 years. These penalties are essentially doubled if it is determined that the motorist was driving through a school crossing or within 1,000 feet of a school zone. There is no jail for a Refusal conviction. What is the format and cost for the Alcohol Education classes? New Jersey's Intoxicated Drivers Resource Centers (IDRC) is where you go for required alcohol education and awareness classes when youÕve been convicted of a DUI charge. For a first offense DUI, it is required that you take at minimum a total of 12 hours of class sessions. You generally attend two 6 hour sessions, which costs $100. You will be then be evaluated by New Jersey's Intoxicated Driver Program (IDP) unit who may require additional training or treatment as they see necessary. If I was convicted of DUI in another state, is that considered a prior conviction in my current case? It depends on the facts and circumstances of the out-of-state matter. New Jersey's DWI statute puts the burden on the defendant to "demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%." Simply put, an experienced DWI attorney fighting for his client's interests should argue that there was a procedural deficiency in the out-of-state matter in an effort to argue that it should not be used as a prior offense for the pending New Jerrsey matter. If I have a previous conviction for DUI that is over 10 years old, does that count as a prior conviction in the current case? No. If the second DUI offense occurs more than 10 years after the first offense, the court will view the second conviction as if it is a first offense for sentencing purposes. If a third offense occurs more than 10 years following the second offense, the court will view the third conviction as a second offense for sentencing purposes.
13. Clark & Clark: First-Time Offenders Many first time offenders do not consult with an attorney because they do not realize that a conviction could result in serious penalties. A first-time DUI offense could result in a 7-month loss of license. Breathalyzer and Blood Test Evidence Breathalyzer and blood test evidence is not always reliable or admissible in court. Our attorneys will examine the facts of your case, investigate the testing procedures, and challenge any evidence that is not reliable.
14. Volet, Jason: In New Jersey, drunk driving and refusal are not considered a criminal offense, although, that doesn't prevent our state from having some of the nation's toughest penalties. If you are convicted, you will lose your license, face stiff penalties and even go to jail. Call an experienced DWI/DUI defense lawyer today. As provided by New Jersey Statutes 39:4-50, driving while intoxicated is defined, in part, as: * ÒÉ a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's bloodÉÓ For a first offense: * ÒÉ if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor É to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers É in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months.Ó * ÒÉ if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug É to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers É in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year.Ó For a second offense: * ÒÉ a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days É and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours É nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction É For a second violation, a person also shall be required to install an ignition interlock device É or shall have his registration certificate and registration plates revoked for two years ÉÓ For a third or subsequent offense: * ÒÉa person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse É not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device É or shall have his registration certificate and registration plates revoked for 10 years ÉÓ There are also serious penalties for refusing to submit to a chemical test. As provided in New Jersey Statute 39:4-50.4a, those penalties are: * ÒÉthe municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested É refuse to submit to a test É when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years.Ó * ÒFor a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years ÉÓ
15. Sage, Ronald: * White collar crime * Fraud * Insurance fraud * Money laundering * Embezzlement * Tax evasion * Drug crimes * Prescription fraud * Assault * Battery * Arson * Homicide * Weapons offences * Credit card fraud * Probation violations * Criminal appeals * All municipal court matters * DWI * Driving while suspended * Driving without insurance * Leaving the scene of an accident * Domestic violence * Assault and battery
16. Martin, Thomas: A New Jersey Driving While Intoxicated (DWI) charge has serious consequences for a person who has pled guilty or been found guilty of DWI. These consequences can result in fines, surcharges, community service, loss of your driving privileges and incarceration. If you have been charged with a DWI, you should consult with an attorney to be educated about your rights and defenses. There are many ways to successfully defend a DWI (N.J.S.A. 39:4-50) charge in New Jersey. The following are examples of possible defenses to your DWI charge. 1.) Did the Officer Have A Valid Right to Conduct a MV Stop? The first defense to be analyzed is whether the police officer conducted an illegal stop of your motor vehicle (MV) on the night of your arrest. A New Jersey Police Officer must have a reasonable and articulable suspicion that a motor vehicle offense or crime has been or is being committed before he can execute a valid MV stop. For example, if an officer stops your car on suspicion of driving while intoxicated (DWI), for the sole reason that you were only one of a few cars on the road, late at night, after the bars or nightclubs closed, the NJ DWI charge (and any other offenses) may be dismissed based on a violation of your Constitutional rights. This is because the officer's suspicions were not reasonable and articulable. 2.) Did the Officer Have Probable Cause to Arrest Me for DWI? The second defense to be examined in your DWI case is whether the officer had probable cause to arrest you for suspicion of DWI. Typically, after an officer stops your vehicle for a DWI charge, he or she will try and gather as much evidence as they can to determine whether they have probable cause to arrest you. Probable cause has been defined as "reasonable grounds or belief that a person should be arrested or searched." Blacks Law Dictionary. In making a probale cause determination, an officer may conduct Standardized Field Sobriety Tests (SFTS). In analyzing this evidence, an attorney will look to see if the Officer properly instructed and administered these tests to you. For example, if the officer failed to properly instruct you how to perform the test or had you perform the test on an un-level surface, then the Officer's grounds for arresting you may not be reasonable and the arrest may be deemed illegal. Further, any evidence obtained after the illegal arrest is subject to being suppressed (not permitted to be used at trial). Often times, you may find yourself in a "he said, she said," scenario where it is your word against the DWI officers. This is where a thorough investigation by your attorney can lead to objective evidence that corroborates your version of the incident. For instance, the NJ State Police and many local towns have video cameras/mobile video recorders (MVR's) in their patrol vehicles. MVR videos and other cameras (either in the booking room of the police station or breath testing area) can demonstrate that you performed the road side, field sobriety tests adequately or perfectly. This can be used to challenge the credibility of the officer who may have wrote in his police report or testified at trial that you failed these sobriety tests. There have been cases where an officer testified that a defendant was slurring his or her speech, stuttering, incoherent, incapable of walking and swaying. However, the MVR video demonstrates that the defendant was speaking clearly and that his ability to walk was fine. 3.) Was the Officer Qualified to Administer a Breathalyser/Alcotest to me? The third defense to be analyzed in your DWI case is whether the Breathalyser or Alcotest Operator was qualified to administer the test. In order for a Police Officer to administer a Breathalyser Test or Alcotest Examination to you, he or she must have extensive training, schooling and testing in the use of the Breathalyser or Alcotest pursuant to N.J.A.C. 13:51-1.6. Upon completion of the DWI training, the officer will receive a card/license that states that he or she is certified to administer the test. If the Officer cannot provide same at or before trial, the Breathalyser or Aloctest readings are inadmissible and must be dismissed. 4.) How Long is the Officer's Breathalyser/Alcotest certification Card Valid for? A NJ Breathalyser/Alcotest Operator is only permitted to perform breath tests for the remainder of the year for which the card/license was issued, plus two (2) years. N.J.A.C. 13 51-1.7(a). For example: Patrolman # 1: receives his certification card on 1/1/06. His certification will be vaild for the remainder of 2006, plus two years . Patrolwoman # 2: receives her certifcation card on 12/31/06. Her certification will be vaild for the remainder of 2006, plus two years. What this means is that even if your breathalyser reading was .08 % or higher (the per se limit to establish a conviction for DWI) and: (1) the officer performed the test properly; and (2) the machine functioned properly on the day in question, the readings may be inadmissible/dismissed if the Officer failed to be re-certified prior to subjecting you to the Breathalyser/Alcotest. 5.) Can the Readings Still Be "Thrown Out" if the Officer is a Certified Operator? The answer is yes! Under certain circumstances the Breathalyser or Alcotest readings or test results can be excluded by the Court. For instance, if the Breathalyzer was not administered properly, then the readings or test results can be excluded. This is because there are specific procedures which must be adhered to in order for the tests to be deemed valid. In some instances, the Breathalyser or Alcotest can and will malfunction. When an attorney spots such a malfunction, either through his or her experience or through the hiring of an expert, then he or she can establish that the readings were not accurate. This can lead to the readings or results of the Breathalyser or Alcotest being excluded by the Court. Under the New Jersey Supreme Court case of State v. Chun (decided March 17, 2008), our Supreme Court ruled that the new Alcotest 7110 breath testing unit is scientifically reliable if : (1) the operator was qualified to perform the test; (2) the Alcotest functioned properly on the day of the test; and (3) that the operator properly operated the Alcotest machine on the day of your arrest. By way of example, if the officer conducting the Alcotest fails to observe you for 20 minutes prior to the breath testing, the results of the testing may be excluded in court. This is because you may have burped, had heartburn or introduced something into your mouth which could result in a false "high reading." False readings can also be induced by items such as asthma spray, cough drops, mouthwash, paints, and fingernail polish, which contain some kind of alcohol. 6.) If the Readings are Excluded from Trial, am I "Not Guilty" as a Matter of Law? You are not out of the proverbial woods just yet. As a general rule, the prosecutor can prove you guilty of DWI by properly introducing a breath, urine or blood test that demonstrates you were "under the influence" or by testimony or other evidence that you demonstrated physical signs of being intoxicated; including, but not limited to, your SFTS results. When a breath test, urine or blood test is excluded by the Court, the Prosecutor is left trying what is called an "observation case". Can I Bring Witnesses to Attack the State's Observation Case? Yes, In this instance the defense would cross-examine the officer on what he did see or what he did not see. The defense would also introduce experts to impeach (poke holes in the officer's credibility) the officer. Expert Witnesses on the SFTS's Additionally, an expert (usually a retired State Trooper) can be retained to render an opinion as to whether the arresting officer's observations have any merit. The expert would also opine as to whether the coordination and balance tests adminstered by the arresting officer were performed properly. Medical Expert Witnesses for Past/Present Physical Injuries If you perform inadequately on the SFTS's, a medical expert can be retained by you and be called in to testify that you suffer from certain physical ailments (i.e. bad knees, bakc or ankles) that impacted your ability to perform the SFTS's. The medical expert would render an opinion that it was your physical ailments and not your ingestion of alcohol that caused the poor SFTS's results. Independent or Lay Witnesses In many instances, there can be independent witnesses. These could be people at the scene of an accident, waiters/waitresses, bartenders, hospital employees and other person with first hand knowledge of your physical capabilities in or about the time of your arrest. 7.) What are Procedural Defenses and Can They Help Me? Procedural defenses are commonly referred as technical defenses or technicalities. These defenses are usually grounded in the concept that the officer or Prosecutor failed to do something that they were required to perform. By way of example, prior to asking you to submit to a Breathalsyer or Alcotest examination, an officer is required to read you a form which is referred to as implied consent warnings. The officer must read you the implied consent law before you submit to the breath test. The failure to read the form or failure to read the most recent form may result in the dismissal of charges. Another example is your State and federal Constitutional Right to receive a Speedy Trial. The Prosecutor and Court must provide a trial within a reasonable specified time period. If they fail, the case may be dismissed. There are guidelines issued by the Administartive Office of the Courts that suggest that DWI cases be resolved within 60 days of your arrest. Another example of a procedural defense arises when the State failes to timely provide complete discovery . Whenever a prosecutor has failed to supply all the required evidence, defense counsel can file a motion to compel discovery (evidence) by a specific date. If the discovery is not received by the court ordered date mandated by the judge, then the charges may be dismissed. The preceding examples are but a few of the procedural defenses that can be asserted on your behalf. 8. Can I Defeat a Prosecution for DWI based on a Blood or Urine Test? The answer is yes, if it can be established that the blood or urine test is inaccurate. The admissibility of the blood test results will be determined upon the protocol used in the taking of the sample. For instance, there are instances where the nurse taking the blood fails to follow the prescribed rules of testing, analysis, and preservation. There are also instances where the officers fail to follow the chain of evidence when submitting or receiving the evidence from the New Jersey State Police lab. This can result in uncertainty as to whether the correct person's sample was taken and tested. It should be noted that the following examples of defenses are the not the entirety of all the defenses available to you. They are provided solely to give you ideas as to how you can best retain an attorney to defend yourself . In every case, there can be additional defenses asserted, but these may only be revealed by a careful and trained review of the discovery in your case.
17. Sellitto, Anthony: DRUNK DRIVING DEFENSE MUNICIPAL COURT DEFENSE
18. Mallon & Tranger:

    Contrary to what many people think, a DWI charge can be fought on many grounds Ñ the cause for the stop, the cause for the investigation, the field testing, the breath testing, as well as other issues. At our firm, we believe there are no open and shut DWI cases. Depending on the specific circumstances of the event, each aspect of the stop and arrest can be successfully challenged by an experienced DWI attorney.

    Do Not Rely On Just Any Lawyer For DWI Defense Because of the severity of the charge and the potential penalties upon conviction, persons accused of drunk driving should not trust their freedom to a general practice lawyer who handles DWI cases infrequently.

19. Michael L. Detzky: Too often an individual with a matter in Municipal Court will consider his case as a mere nuisance, and will represent himself at trial or will plead guilty without the assistance of counsel. This is a risky strategy because the collateral consequences of a conviction in Municipal Court can affect your life in ways not apparent at the time you conclude your case. In addition to substantial fines and penalties, including point accumulation, surcharge, and suspension of driving privileges, Municipal Court convictions can carry a jail term. Conviction of any Municipal Court offense may have a negative impact on your employment prospects and may possibly affect your immigration status.