Beat a DUI in New Jersey With Solide Legal Defenses

1. Beat a DUI in New Jersey With Solide Legal Defenses

2. If the police stopped you for a DUI in New Jersey and charged you, you could attract a criminal record, mobility restrictions, and receive a jail sentence if found guilty. Other repercussions could include paying hefty fines, losing your job because of missed work, or enrolling in the IRDC Prevention program (Intoxicated Driver Resource Center). Considering the severe penalties associated with a DUI conviction, having top DUI lawyers in NJ on your side could improve your chances of avoiding conviction. You want to hire an attorney who knows how to build a solid DUI defense and cast doubts in prosecutors’ cases. Lack of Proof of Operation Beyond a Reasonable Doubt Before the court could convict you for DUI, the prosecution must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence. If they cannot prove this beyond a reasonable doubt, the court could dismiss charges against you. This is because it is a key crime element, and the prosecution must prove it to secure a conviction.

3. Failure to Provide Discovery The prosecution must present all relevant evidence to the defense before trial. This is known as discovery. If the prosecution fails to provide enough evidence in court, the charges against you could be dismissed. Invalid or Inaccurate Standardized Field Sobriety Tests (SFST) Law enforcement officers use Standardized field sobriety tests (SFSTs) to determine if a driver is under the influence of drugs or alcohol. However, these tests can be inaccurate or invalid for a number of reasons, including: Poor road conditions. Physical impairments. If the SFSTs were not conducted properly or were inaccurate, the results could not be admissible in court, which could result in a reduced charge or a dismissal of the case altogether.

4. Use of Non-Standardized Field Sobriety Tests The National Highway Traffic Safety Administration (NHTSA) does not use non- standardized field sobriety tests; therefore, they are not considered reliable indicators of impairment. If a law enforcement officer used a non-standardized test during a DUI stop, the results are not admissible in court, resulting in reduced or dismissed charges. Conflicting MVR (Mobile Video Recorder) Evidence Mobile video recorders (MVRs) are becoming increasingly common in law enforcement vehicles. These cameras capture video and audio evidence of a DUI stop. However, if the video evidence contradicts the law enforcement officer’s testimony or is unreliable, it may not be admissible in court. Illegal Motor Vehicle Stop An illegal motor vehicle stop occurs when a police officer stops you without a valid reason for stopping you. Any evidence gathered due to the stop could be inadmissible in court. The prosecution cannot use the evidence against you, resulting in a reduced charge or a dismissal of the case altogether.

5. Failure to Conduct a Twenty-Minute Period of Observation In New Jersey, the police must observe the defendant for twenty minutes before administering a breath test. This observation period ensures that the defendant does not eat, drink, or smoke, which can affect the test results. The test results may be inadmissible in court if the observation period is not conducted. Inaccurate Blood Tests or Improper Blood Collection Procedures Blood tests are often used as evidence in DUI cases, but they are not foolproof. If a blood test was conducted improperly, the results might not be accurate. For example, if the blood was not properly stored, it could ferment, causing the alcohol levels to increase. Inaccurate results can also occur if the blood is not properly mixed, causing an incorrect reading. Furthermore, if the blood sample was not collected by a licensed phlebotomist or another qualified professional, it may not be admissible in court.

6. If a blood test is being used as evidence against you, it is crucial to have an experienced DUI lawyer review the procedure to determine if the results are reliable. Drug Recognition Evaluations (“DRE”) A drug recognition evaluation (DRE) is an evaluation performed by a trained officer to determine if someone is under the influence of drugs. Sometimes, these evaluations may be inaccurate and used to falsely accuse someone of driving under the influence. A top DUI lawyer in New Jersey can review the evidence and determine if the evaluation was performed correctly and if the results are reliable. Medical Conditions In some cases, a medical condition can cause symptoms similar to being under the influence of drugs or alcohol. For example, if you have a medical condition that causes you to be drowsy or confused, you might be accused of driving under the influence. If you have a medical condition, it is essential to have a top DUI lawyer review the evidence and determine if a medical condition was the cause of your symptoms.

7. Many legal defenses can be used to beat a DUI in New Jersey. It is crucial to have an experienced DUI lawyer review your case and build strong defense strategies. Whether you were stopped for an illegal reason, failed a field sobriety test, or provided a blood or urine sample, a DUI lawyer could help you navigate the legal system and protect your rights.

8. Source URL: https://timebusinessnews.com/beat- a-dui-in-new-jersey-with-solide- legal-defenses/