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Middlesex-Somerset DWI Lawyers

1. Mitchell Ignatoff: The cases (DWI) are "criminal " cases. They are tried in the municipal courts, which are criminal courts. Criminal rules apply to discovery, burdens of proof, motions, and trial. You need an experienced attorney, one who is not only familiar with the field sobriety test and the operation of the Breathalyzer, but one who is experienced at criminal defense. As a certified criminal trail attorney who has tried these cases, I fit the bill! ItŐs Friday or Saturday night and you had a few drinks with friends. You're on your way home when you see the flashing lights of a police car in your rear view mirror. You pull over and realize you have the odor of alcohol on your breath. In New Jersey this is a serious offense. You could lose your driverŐs license for six months to one year, two years, or ten years. If the police Stop you within 1000 feet of a school the penalties are even greater. When the officer comes over to your car and he smells alcohol on your breath, he will ask you for your license, registration, and insurance. He will note whether you are fumbling for these documents. He will look to See if your eyes are glassy, or bloodshot. He will watch you get out of the vehicle to see if you stumble, hold on, or sway. He will then give you a series of roadside tests to determine if he has probable cause to have you come into the police station to perform a breathalyzer examination. There are three, and only three valid physical Ôtests' which indicate whether there is probable cause to believe you are under the influence of alcohol. They must be given in a set protocol in order to have any validity. The tests must be clearly explained, demonstrated, and performed on a flat surface. They must be given between your car and the police car. You are supposed to face away from oncoming traffic so the headlights do not distract you. The area must be well lit. You will be asked to perform the one leg stand, the walk and turn, and the horizontal gaze nystagmus test. On the first you are to stand with your arms at your side, raise one leg off the ground six inches, and hold that position for 30 seconds. Being required to hold your head back, close your eyes, or do the test for less time invalidates the test. The next is the walk and turn. You are to walk on a line painted on the road, heel to toe, forward and back a number of steps. Finally, the officer may shine a light in your eye to see whether your pupil bounces back sooner, which it should do if you are drunk. However, the light must be held exactly parallel to your eyes and at a 45 degree angle. According to the National Highway Safety Institute, these tests must be scored. A certain score indicates only that, with the use of all three tests, there is an 80% chance that your blood alcohol level is over 1.0. The police may ask you to touch your finger to your nose, to bend over and let your arms dangle, and to insist that your heels and toes touch when you walk. None of these "tests" have any scientific validity - they do not indicate whether you are drunk or not. Yet the police insist on using them. It is important that you remember what tests you were given, because a motion to determine whether the police have probable cause to require you to take the breathalyzer can be filed, contested, and with the proper representation, won. That wins the case. If you have taken the tests, called the field sobriety tests, the police will bring you in to take the breathalyzer (alcotest). They must wait at least 20 minutes and observe you to make sure that you have nothing in your mouth. Gum, a cigarette, a drink of water or a burp invalidates the test. The 20 minutes is to insure that any alcohol in your mouth is gone and will not affect the test. They must give you the Breathalyzer within a reasonable time. This can be up to four hours after they stop you. Often they wait at least an hour. This is because in general your blood alcohol level is rising while they wait. This fact, however, does not provide a defense in New Jersey. You will then be asked to blow into the Breathalyzer: The police must give you two tests within 15 minutes of each other. The tests must be within .01 of each other otherwise they are invalid. The Breathalyzer is sensitive to radio interference, so a police radio in the room, or a cell phone, can invalidate the test. These are things you must look for. There are other reasons that the Breathalyzer can be invalid. It must be operated by a qualified operator who is properly certified to operate it. It must be periodically tested for accuracy. The computer software must be accurate. The cases (DWI) are "criminal" cases. They are tried in the municipal courts, which are criminal courts. Criminal rules apply to discovery, burdens of proof, motions and trial. You need an experienced attorney, one who is not only familiar with the field sobriety test and the operation of the Breathalyzer, but one who is experienced at criminal defense. As a certified criminal trial attorney who has tried these cases, I fit the bill! Don't Give Up Hope! The software used in the breathalyzer is often untested. The 20 minute waiting period is not always followed. Asthma and diabetes can make a difference. And we may be allowed to cross examine a witness who is personally familiar with the breathalizer/alcotest. We can see if the machine is biased. You need a well trained, experienced attorney who is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney