New Jersey DWI Cases
There are a number of ways to challenge a DWI charge. Just because you have been charged, does not mean it is an open-and-shut case. The government still needs to prove many aspects of your case beyond a reasonable doubt. However, these strategies should only be used by a highly trained DWI attorney who has the legal and scientific knowledge needed to fully understand these issues.
Here are some of the strategies an attorney may use:
- Fight the Traffic Stop
In order to stop a driver, an officer must be able to articulate that a specific traffic violation had been committed, and that the stop was not just based on a “hunch.” If the traffic stop is found to be bogus, any evidence obtained as a result can be thrown out and the charges likely dropped.
- Proving Impairment
The government has to proved that you were impaired. If it is show that you were not impaired at the time, this could be a way to win the case.
- Fight the Field Sobriety Tests
Only three field sobriety tests are approved by the National Highway Traffic Safety Administration (NHTSA) – Horizontal Gaze Nystagmus, the Walk-and-Turn and the One-Leg Stand. Any other test have not undergone validity testing and are this suspect. Also a condition – such as illness, injury (even an old one), obesity, footwear, or weather – may have prevented you from performing the tests accurately. There is ample scientific evidence showing the limitations of these tests.
- Problems with Breath Machines
Certain medical conditions like GERD and Diabetes can have an affect on a breath test machine. For example, if you suffer from GERD the breathalyzer machine could also be measuring your refluxed stomach acid rendering the results inaccurate.In addition, other common substances like paint thinner, hand sanitizing liquid and mouth wash can produce a false positive result. Another area to examine is whether or not the Alcotest was in proper working order, which includes whether the police calibrated the machine according to procedure. Also, there are specific rules the police must follow in operating the machine, including observing the subject for 20 minutes prior to the breath test.
- Bad Laboratory Practices
For blood and breath testes, there are many specific procedures the police must follow. They must prove the chain of custody, specimen integrity, that they followed proper collection and testing procedures and that the machine was working and maintained properly.The best strategy you can use is to hire an attorney who is highly knowledgeable in these areas of law and science. Someone with knowledge and experience.