June 10, 2024
If you are facing a DWI charge in New Jersey, there are many potential options for defense. An experienced attorney can help you understand whether the DWI checkpoint you went through was legal or whether there may be issues with DWI testing that can be attacked.
This is true even in a very serious case that might involve vehicular homicide charges on top of DWI charges. Your attorney can still work to investigate the evidence and find options for defending you.
Often, DWI charges in the state depend on the results of blood alcohol concentration (BAC) tests or other evidence. For example, if your BAC results don’t show a high enough concentration, you may not have legally been driving under the influence at the time of an accident. There are numerous other potential defenses related to the results of field sobriety and other DWI tests.
Your attorney may ask a lot of questions about how any tests were administered. If possible, they will review video evidence of the accident scene and watch field sobriety or other tests being administered. They can also request or subpoena records related to these tests.
All of these tests must follow specific procedures. Equipment used to perform the tests must be appropriately calibrated, and any evidence collected for testing purposes must be held in a way that follows proper chain of custody. If your attorney can find any evidence that tests were not performed or managed properly, they may be able to get the results of the test thrown out. This can strengthen your defense.
If the test results remain a viable piece of evidence for the prosecution, this means they can be presented at any trial that may happen in your case. Depending on the facts of the case, your attorney may hire an expert to testify about the test results. For instance, an expert might testify to the potential inaccuracy of a DWI test given the scenario present in your case.
Some factors can create an inaccurately high result on BAC tests or other DWI tests. For instance, if you are taking certain medication or have certain medical conditions, that can impact the results of such tests. If this is the case, your attorney can use this information in your defense.
If you go to trial in your case, your attorney will likely work to negate the impact of the testimony of witnesses called by the prosecution.
One way to reduce the impact of witness testimony is to demonstrate that the witness or their account may not be credible. There are a few potential methods for doing this, including attacking the personal reputation of the witness and showing that they have been untruthful in such matters before. But attorneys can also work to show that the witness may be mistaken in what they saw or remember. For instance, if an attorney can demonstrate that a witness didn’t actually have a clear view of an accident or related events, that can reduce how much impact the witness’s claims have.
People often think they remember something clearly, but when they are asked complex questions about their memories, they realize they might be mistaken. An attorney can ask witnesses a variety of questions to see if their memories of an incident are as strong as they claim. If the witness begins to contradict themselves or question their own memory of events, that can help improve your defense.
If there are numerous witnesses to an event and they contradict each other, that can call into question the facts of the case. This may help establish a defense against vehicular homicide charges.
If your attorney can show that you did not disobey any traffic rules or drive recklessly and were not, in any way, at fault in an accident, it may go a long way toward defending against vehicular homicide charges even if you can’t defend against DWI charges. For instance, if the other driver was speeding, failed to yield as required, and hit you, those facts can be important in your defense.
The team at The Hernandez Law Firm, P.C., works to defend individuals against a variety of DWI-related charges, including vehicular homicide charges. If you or someone you love is facing these types of charges, working with an experienced legal team can be critical to supporting increased chances at a positive outcome.
A lawyer can help you understand the charges against you and what you can expect in the criminal justice system. They can also provide you with information about your options for defense and what may be the best course of action in your case. Once you make a decision about your defense strategy based on information and guidance from your attorney, your lawyer works on your behalf to protect your rights and implement that strategy.
Call us today to set up an appointment and find out how we can help with your defense case. Reach out at 732-582-5076.
(732) 582-5076
