A conviction for DUI can have a major impact on your life. A lawyer can help you fight these damaging charges.
A New Jersey DWI attorney can review the details of your case to find any weak points in the prosecution’s evidence. They can also work with prosecutors to seek alternatives to jail time for their clients.
Reasonable Suspicion
The legal standard that officers must meet in order to briefly detain, question and in certain cases search individuals is reasonable suspicion. It is more than a hunch, but it’s not as high as probable cause. It is based on specific facts or circumstances that give an officer the belief that criminal activity has, is or will be committed. A police stop without reasonable suspicion is a violation of your rights.
Law firms like Law Offices of Bartholomew Baffuto are dedicated to defending clients against DWI charges in New Jersey. With extensive knowledge of local laws, they provide tailored defense strategies to protect clients’ rights. Their goal is to achieve favorable outcomes, minimizing penalties and challenging evidence in DWI cases.
An experienced New Jersey DWI defense lawyer can challenge whether there was enough evidence for the officer to stop your car, if the officer had reasonable suspicion for the subsequent breath, blood and/or urine tests, and how well you performed on the field sobriety tests (one leg stand, walk-and-turn, horizontal gaze nystagmus). We can also address medical issues that might make it difficult for you to pass these tests.
If the judge decides that the arresting officer lacked reasonable suspicion, they may drop any charges against you. Your attorney can also review what you said to the police, and make sure that your rights were not violated during your arrest and/or interrogation. If you were not legally pulled over, any evidence collected afterwards will be inadmissible at trial. If you are arrested for DWI, your car will be towed and impounded and you will be taken to the police station or state police barracks. You are not required to answer questions, but if you do offer information, it might help them build a case against you.
Search and Seizure
The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures by law enforcement. When the police violate your rights during a DUI traffic stop or arrest, that can have serious consequences for you.
For instance, if the officer lacked reasonable suspicion to pull you over or probable cause to make an arrest, any evidence that they obtain as a result of the stop may be excluded in court. A criminal defense attorney can help you review the details of your case to see if there are any violations of your constitutional rights.
An experienced DWI defense lawyer can also examine the evidence in your case to see if it is reliable. This includes reviewing the chain of custody for blood tests and chemical test results. An attorney can also challenge whether or not the officer followed proper protocol for taking and storing breathalyzer samples.
DWI cases are unique in that New Jersey is one of the few states to have a system where a judge instead of a jury decides your guilt or innocence. This is an important difference that can have a huge impact on your case.
A skilled New Jersey DWI lawyer can look at the facts of your case to see if it is appropriate to have the judge hear your case. If it is not, your attorney can file a motion to dismiss your charges and fight for your freedom.
Breath Tests
In New Jersey, a DUI conviction can carry serious penalties including jail time and fines. It can also result in a loss of employment, affect the ability to obtain housing and can even appear on background checks for job applications. It is therefore important to have a lawyer experienced in the defense of drunk driving cases.
A lawyer will review the evidence and determine the best possible defense for you. A lawyer can challenge the accuracy of field sobriety tests and breath tests, or argue that police did not follow proper procedures to administer those tests.
The portable Breathalyzers that officers use on the side of the road are not scientifically reliable; they can be inaccurate due to the individual’s unique body chemistry and rapid gastrointestinal transit, which compromises absorption of the test compound. A New Jersey drunk driving defense attorney will know how to raise these issues in court.
Field Sobriety Tests
Many people are familiar with field sobriety tests, where police officers ask you to perform a battery of physical tests. These tests are designed to evaluate your balance and coordination. They can include pointing your finger to your nose, walking in a straight line and turning, and standing on one leg. There are three scientifically validated standardized field sobriety tests endorsed by the National Highway Traffic Safety Administration. Besides these, police officers often administer non-standardized tests such as touching your finger to your nose or counting out loud.
Even sober people find it hard to pass these tests. They are often conducted on the side of the road at night under conditions that make it difficult to perform the tests properly. For example, there may be steep inclines on the road surface where the test is performed, or you might be distracted by passing cars and flashing lights from the police vehicle.
In addition, nervousness or anxiety can impact your ability to perform the tests. Certain medical conditions such as inner ear problems or injuries can also affect performance.
While it is easy to prove that a driver is under the influence of alcohol (DWI Alcohol), it is harder to determine whether a person is under the influence of drugs (DWI Drug). A trained New Jersey DWI defense lawyer can challenge the accuracy and reliability of blood and urine tests as well as the results of officer observations.
Medical Issues
The state of New Jersey uses the terms DUI and DWI to describe impaired driving offenses. However, many other states use different acronyms and may even have different penalties for each charge. In those states that do differentiate between the two, DWI typically refers to alcohol-related impairment while DUI can encompass a wider range of impairments including both drugs and alcohol.
A DWI conviction can have serious repercussions in your personal and professional life. It could mean a loss of your driver’s license, hefty fines and increased auto insurance rates. It can also have serious implications for your employment opportunities. A skilled New Jersey DWI defense lawyer can help you avoid the worst of the consequences.
If you’re facing DUI charges in New Jersey, it’s important to fight them as aggressively as possible. A good DWI lawyer will be able to challenge the evidence and question the accuracy of the tests used by law enforcement officers.
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