New Jersey DWI Police Mistakes
There is a common misconception out there that a DWI charge is an automatic conviction. This couldn’t be further from the truth. In my experience in defending DWI cases in Toms River and the rest of New Jersey, I have found some common mistakes that are made in DWI cases, such as:
- Breath machine not calibrated properly.
- Officer did not have probable cause for making the stop in the first place.
- Field sobriety tests not done according to the correct procedures.
- Officer made incorrect assumptions like, swerving means the driver is drunk.
- Some other substance in the body triggered a positive breath test result.
- Blood testing samples were mishandled.
- Blood testing equipment was not calibrated or working properly.
- The officer sees someone who is slow and clumsy from being sleepy and assumes they are drunk.
- Officer misinterpreted a medical condition as being drunk.
- Driver is taking prescribed medication and the officer charges with with a DWI-drugs violation.
These are some of the many things an experienced DWI attorney will consider when challenging a DWI case. If these mistakes are properly challenged the case may end up being dismissed by the judge.