How to Challenge a DWI Finding
Just because the police make certain findings against you when they bring the charge of a DWI, these may not always hold up in court. These findings can be challenged, and that is why you need an effective Morris County DUI Attorney who knows where to question and challenge those findings.
For example, If the police officer believes that you are intoxicated, and if the field sobriety tests aren’t done in an appropriate manner and in a legal manner, then those tests can be thrown out. Also, if there wasn’t a subsequent blood alcohol reading that finds you above the legal limit of .08, that could also be thrown out.
Police Behavior and Practice:
- Illegal Stop – a New Jersey DWI enforcement officer cannot stop a car without having a reasonable cause to believe that a law has been violated. If an officer stops the car because he saw the driver walk out of a bar and get in the car, the New Jersey DWI charge may be dismissed because the driver’s rights were violated.
- Videos or Dispatch Tapes – Many other New Jersey DWI enforcement officers have video cameras in their vehicles. These videos, along with videos from testing rooms, booking rooms, and other sources can work as a defense to New Jersey DWI charges. These are areas where an experienced DWI attorney can show that the officer has a bias towards the driver and is not accurately testifying about the driver’s intoxication. Most vehicle stops also have audio recordings on dispatch tapes.
- Failure to Read the Implied Consent Warning – The officer must read the driver the New Jersey Implied Consent Law asking the driver to submit to the breath test. Charges can be dismissed if this doesn’t happen.
- Failure to Conduct Observation Period – If the police fail to keep you under observation for 20 minutes prior to breath testing, the results of the testing may be excluded in court.
- Breath Test Operator Unlicensed – A Breath Test Operator must hold a valid operator’s license, or the breath test is inadmissible.
- Breath Testing Machine Malfunction – If the breath test machine malfunctions, your test results may not be accurate.
- Breath Test Machine Not Properly Operated – Certain procedures must be followed for a breath test to be valid. If this doesn’t happen, improper readings can result, which can lead to an exclusion in court
- Forced Sample – You cannot be forced to give blood or urine. If you were forced to do so, results can be excluded in court. If you refuse to give blood or urine, you cannot be charged with refusal: Refusal applies only to breath testing in New Jersey.
Individual Reasons:
- Medical and Health Problems – Certain medical problems can affect the results of field sobriety tests. Other medical conditions can affect the validity of breath test results.
- Bad Weather – Weather reports establishing high winds, low visibility, ice, or other poor driving conditions may be used to explain bad driving or balance on the field sobriety tests.
- Interfering Substances – False breath test results may be caused by items such as asthma medication, mouthwash, cough drops, paints, or fingernail polish, which contain alcohol. Chemicals that you work with may also cause a false positive result on the breath tests.
Have you been charged with DWI in New Jersey? Contact experienced Morris County DUI Attorneys Sara and Kevin McArdle to fight for you at 973-366-5244.