4 things that may be very helpful to your NJ DWI case:
- If all the witnesses are not available to prove the State's case.
- If there is exculpatory evidence which would prove your innocence.
- The Administrative Office of the Courts has directed that DWI cases are to be resolved in 60 days. If the State cannot provide all the required discovery, it is possible (though unlikely) that your case can be dismissed, or the State may be prevented from introducing certain evidence at trial.
- There may be evidentiary problems in proving your blood alcohol level.
6 of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the Township, while
- Your blood alcohol level was over the per se limit or
- Your ability to drive a motor vehicle was substantially impaired (driving under the influence)
14 things you should note right away.
- What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer's stated reasons for stopping you.
- Whether the officer asked or ordered you to take roadside tests.
- What were the officer's instructions for the field sobriety tests.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed prior to a breath test.
- Whether you were advised of your right to take an independent test.
- How long you were kept after testing.
- What is your medical background.
What are 6 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- A sound understanding of field sobriety testing.
- A sound understanding of breath testing and blood testing.
- An experienced attorney.
What must your attorney do before trial?
- Obtain all relevant reports and information about your stop and arrest, and make appropriate pre-trial motions in the proper time period.
An understanding of the Municipal Court system:
- Although most states allow for a jury trial in DWI matters, there is no right to a jury trial in New Jersey.
How the arresting officer's testimony can be discredited:
- Inconsistent statements.
- Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have had probable cause to arrest you.
- You have to have been operating or about to operate the car.
- The officer must have probable cause to ask that you take a chemical test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What are 2 key pieces of information which must be learned in deciding to go to trial?
- An estimation of the weaknesses and strengths of the State's case against you.
- The effect of a conviction.
How to determine whether you should go to trial.
- It's a cost benefit analysis. How much is it worth to defend my case?
What effect will this arrest have on my license and when will I be able to drive?
- If your blood alcohol was over the legal limit or you refused a test, and if you are convicted, you may not be able to drive at all for a long period of time.
How to save your license if you're found guilty in court?
- Unfortunately there are no probationary or hardship licenses in New Jersey.
What 5 preliminary motions should be filed (if relevant to your case)
- Motion to suppress evidence on the grounds that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress evidence for lack of probable cause to arrest.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of additional evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defenses in pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given.
- Contest the operability of the testing machine.
- Contest the constitutionality of any search and seizure.
Home | Recent Cases | NJ DWI FAQS | Attorney Profile | BAC Calculator
Copyright © 2001 BLS Drunk Driving
Site Design by Ecombuffet.com |
New Jersey DWI Practice Area
Find a DWI DUI Drunk Driving Lawyer in your state.
"At Least" 23 WAYS TO CHALLENGE A NEW JERSEY DWI
There are a number of ways to defend against a New Jersey DWI/DUI charge.
Ten Mistakes
How to avoid the 10 biggest mistakes most people make after being arrested for NJ DWI.
Case Tips
57 Things YOU Need to Know about Your NJ DWI Case that NO ONE is Telling YOU.
Police Mistakes
Mistakes the police make ...and how they can help you.
Videos
Defending a DWI Case in New Jersey
State vs. Chun: The Biggest Case in
New Jersey DWI History
Frequently Asked Questions in New
Jersey DWI Cases
Evan Levow in the News
What Your NJ DWI May Cost
Possible Consequences of a New Jersey DWI
What Can I Do to Save My License?
Fight to save your license! If you drive after losing your license, you face substantial penalties.
What Happens After A NJ DWI Arrest?
Lawyer Mistakes
The Top 10 Mistakes Lawyers Can Make in Drunk Driving Cases. . . And How To Avoid Them.
New Jersey DWI Law: N.J.S.A 39:4-50 Driving While Intoxicated
On January 22, 2004, the new 0.08% law was passed in New Jersey. For third offenders, the penalty was changed to include mandatory jail time.
DWI Refusals in New Jersey
On April 26, 2004, the refusal law was changed to conform with the DWI law.
Change in DWI Plea Agreements in Municipal Court
Field Sobriety Testing in New Jersey
Understanding Breath Testing in New Jersey
The New Breath Testing Machine in New Jersey
Were You Tested on the Alcotest 7110 or the Breathalyzer 900/900A?
State v. Chun
State v. Chun New Jersey Supreme
Court Opinion - March 17, 2008
Chun Source Code Hearing Report of
the Special Master - November 14, 2007
State v. Chun Litigation Documents
State v. Chun - Alcotest Litigation
Information
State v. Chun - Master's Report
State v. Chun Alcotest Source Code
Reports & Summary
Chun Defense Brief
Chun Defense Source Code Reliability
Brief
Alcotest News
Was Your Blood Tested?
Charged With A NJ DWI/DUI based on Drugs?
New Jersey CDL Drivers
New Jersey CDL Chart
Underage Drinking and Driving in New Jersey
Recent Cases
Boating Under the Influence
How Will Prior Convictions for DWI Effect My Current DWI Charge?
Out of State Drivers arrested in New Jersey for DWI
Pennsylvania Drivers Arrested in New Jersey
Is DWI a Criminal Charge in New Jersey?
Work License in New Jersey?
If You Are In an Accident Resulting in a DWI Charge
Roadblocks-Sobriety Checkpoints in New Jersey
You may have been wrongfully arrested if you were stopped at a roadblock.
Attorney General Guideline: Prosecution Of DWI & Refusal Violations
New Jersey Intoxicated Driver Resource Center Program (IDRC)
New Jersey Ignition Interlock Program
New Jersey Motor Vehicle Commission Surcharges
Visual Driving Cues of Drunk Drivers
New Jersey DMV Court Codes
Interpret Your Driver's Abstract
How I Can Help Even After Your NJ DWI Conviction
Appeal & Post Conviction Relief
New Jersey DWI Courts
Free NJ Auto Insurance Quotes
Low Cost NJ Auto insurance is available even with a DWI or moving violation.
Driving While on Cell Phone Worse Than Driving While Drunk
FAA Issues Final Ruling On Alcohol, Drug Use
Nicotine & Alcohol
External Links
Directions
Disclaimer
Site Map
|
