New Jersey laws are tough on DUIs, but there are some defenses that you do have should the police pull you over and arrest you. For this reason no one who has been charged with a DWI should think that it is "game over" and they will lose their license.
If you have received a ticket for this, see if any of the following issues might apply:
- The police need probable cause to stop you. Did the officer indicate why he/she stopped you? Was another ticket issued for a violation that could have been the basis for pulling you over?
- Can they prove you were driving? In most cases, the officer saw you driving, or observed your car uninterrupted and then saw you behind the wheel when he/she approached your car. Sometimes, however, that is not the case.
- Did they have probable cause to arrest you? Officers should conduct a three-part field sobriety test (consisting of a Horizontal Gaze Nystagmus Test, One Leg Stand Test, and Walk and Turn Test) before arresting you. Did that happen?
- Did they observe you for 20 uninterrupted minutes before administering the breathalyzer test? This is critical in many cases and can sometimes lead to the reading being thrown out.
- Was the breathalyzer in proper working condition, accurately calibrated, and operated by a trained officer? The breathalyzer is not always right, and just because your reading was 0.08% or higher, does not mean you will be convicted. All of these issues need to be scrutinized.
If you have been charged with drunk driving in southern New Jersey, please feel free to call me at 856-432-4113 or contact me through this site to schedule a free consultation.
If you are looking for more information on New Jersey's drunk driving law, then download my free book, How Much Trouble Am I In? A Guide to New Jersey Drunk Driving Law.
- To Stop You for Drunk Driving in NJ, They Have to Have Probable Cause
- To Convict You of Drunk Driving in NJ, They Have to Prove You Were Driving!
- To Arrest You for Drunk Driving in NJ, They Have to Have Probable Cause
- To Convict You of Drunk Driving in NJ, They Have to Observe You for 20 Minutes
- The Breathalyzer Isn't Always Right in a NJ Drunk Driving Case