New Jersey DWI Arrest Documentation
One of the first things your New Jersey DWI attorney will do to prepare your case for trial is to help you secure any evidence that could be helpful to your case, including documenting the condition of the scene of your arrest.
Your attorney may ask you to return to the scene of your arrest, possibly accompanied by his investigator. While there, you or the investigator should take photographs to document the conditions under which you were asked to perform any field sobriety tests.
What You Are Looking For
Testing protocol mandates that balancing tests (like the walk-and-turn test and the one-leg-stand test) be conducted on a flat, smooth surface. It is rare that the side of a road meets these requirements. Many streets are sloped toward the edges to allow water to run off into the gutters. If you allege that your poor performance on a field sobriety test was due to suboptimal testing conditions such as these, a picture can be invaluable.
If your arrest was at night, your New Jersey DWI attorney may ask you to return at about the same time to document how the lighting conditions were. If the area was too dark, your poor performance may have been due to some imperfection in the road surface that you didn’t even know about.
It’s important to revisit the scene as soon as possible after consulting with your New Jersey DWI attorney. Road surfaces are improved or repaved periodically, and what matters to your case is how the road appeared at the time of your arrest, not how it appears at the time of trial.