There are a number of ways to defend against a New Jersey DWI/DUI charge. Here is a list of some of the best DWI Defense tactics put together by New Jersey DWI attorney Evan Levow. Not all of these will apply to every case. This is simply a list of some of the defenses to a New Jersey DWI charge.
If you have been arrested for DUI or DWI in New Jersey, it is obviously cause for concern-but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's DUI and DWI Defense Attorneys now. Here's a few ways our lawyers may be able to win your case. Even if your case involves a
drug, drugs, medicine or alcohol, they will help.
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ILLEGAL STOP OF PERSON OR VEHICLE IN NEW JERSEY- a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
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WEAVING INSIDE THE LANES IS NOT ILLEGAL IN NEW JERSEY - weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
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ANONYMOUS REPORT OF DRUNK DRIVING IN NEW JERSEY - a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
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STANDARD FIELD SOBRIETY TESTING IS INACCURATE IN NEW JERSEY - in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
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NON-STANDARDIZED FIELD TESTS ARE INVALID IN NEW JERSEY - neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
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BREATH TESTING IS INACCURATE IN NEW JERSEY - virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.
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BOOKING ROOM VIDEOS IN NEW JERSEY - Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
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IN-SQUAD VIDEOS IN NEW JERSEY - more and more often, the suspect's driving and performance on field tests is being recorded; often contradicting police testimony.
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FAILURE TO PROVIDE SPEEDY TRIAL IN NEW JERSEY - If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.
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POLICE BLOOD TEST INACCURATE IN NEW JERSEY - Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
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HOSPITAL BLOOD TEST INACCURATE IN NEW JERSEY - Hospital blood tests overestimate a person's true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
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BREATH TEST OPERATOR UNLICENSED IN NEW JERSEY - Most states require a Breath Test Operator to possess a valid, unexpired operator's license, or the breath test result is inadmissible.
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BREATHALYZER MACHINE MALFUNCTIONS IN NEW JERSEY - Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect's breath test, the results of the suspect's test are presumed invalid.
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BREATH TEST OPERATOR LICENSE EXPIRED IN NEW JERSEY - Most states require that a Breath Test Operator must possess an unexpired operator's license, or the breath test result is inadmissible.
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BREATH TEST DEVICE NOT APPROVED IN NEW JERSEY - A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
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FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN NEW JERSEY - A defendant's admission to driving, without more, does not prove a charge of driving under the influence.
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INDEPENDENT WITNESSES IN NEW JERSEY - Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant's sobriety.
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FAILURE TO MIRANDIZE IN NEW JERSEY - Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
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FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED IN NEW JERSEY - According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
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OFFICER'S PRIOR DISCIPLINARY RECORD IN NEW JERSEY - A police officer's previous disciplinary record can be used to attack the officer's credibility
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PORTABLE BREATH TEST INADMISSIBLE IN NEW JERSEY - Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.
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PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN NEW JERSEY - The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
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FAILURE TO CONDUCT OBSERVATION PERIOD IN NEW JERSEY - Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.
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EXPERT WITNESSES - Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
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MEDICAL AND HEALTH PROBLEMS IN NEW JERSEY - Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
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BAD WEATHER IN NEW JERSEY - Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
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LACK OF PROBABLE CAUSE TO ARREST IN NEW JERSEY - A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
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ILLEGAL SEARCH - The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver's consent or probable cause. Any evidence illegally obtained is not admissible in court.
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PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS - Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer's credibility.
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POST-DRIVING ABSORPTION OF ALCOHOL IN NEW JERSEY - The prosecutor must prove the blood or breath alcohol at
the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be
higher than what the true level was when the person was operating the automobile.
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INTERFERING SUBSTANCES IN NEW JERSEY - Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
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BREATH MACHINE NOT PROPERLY OPERATED IN NEW JERSEY - The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
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FAILURES TO PRODUCE DISPATCH TAPES IN NEW JERSEY - Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.
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MISLEADING STATEMENTS BY POLICE OFFICERS IN NEW JERSEY - Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver's record.
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STATUTES OF LIMITATIONS IN NEW JERSEY - A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.
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PRIVATE PROPERTY IN NEW JERSEY - A person who has not driven the car on a public highway cannot be suspended for drunk driving.
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FAILURE TO DISCLOSE EXPERTS IN NEW JERSEY - The failure of the prosecutor to disclose the state's expert(s) will cause those witnesses to be barred from testifying against the defendant.
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LACTATE RINGERS IN NEW JERSEY - When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
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FAILURE TO RECORD CERTIFICATION TESTS IN NEW JERSEY - the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
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FORCED BLOOD DRAWS IN NEW JERSEY - In some states, the police may not take a blood test against the driver's consent where there has not been an injury involved, or the result is inadmissible.
