DWI Defense Strategies in New Jersey
A DWI charge in New Jersey can have severe consequences, including:
- Driver’s license suspension or revocation
- Jail time
- Significant fines
- Increased insurance premiums
- Loss of employment opportunities
If you are facing a DWI charge, it is crucial to understand the available defense strategies to protect your rights and minimize the potential penalties.
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Challenging the Legality of the Traffic Stop
- Lack of Reasonable Suspicion: For a police officer to lawfully stop a vehicle, they must have reasonable suspicion of a traffic violation. If the officer lacked a valid reason to initiate the stop, any evidence obtained during the subsequent investigation may be inadmissible in court.
- Improper Administration of Field Sobriety Tests: Field sobriety tests (FSTs) are designed to assess a driver’s sobriety. However, these tests can be subjective and prone to error. A skilled DUI attorney can challenge the validity of FST results if they were administered improperly or if the officer lacked proper training.
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Challenging the Accuracy of Breathalyzer and Blood Tests
- Machine Malfunction: Breathalyzer machines are complex devices that can malfunction or be improperly calibrated. A defense attorney can investigate the maintenance and calibration records of the specific machine used in your case.
- Operator Error: The accuracy of breathalyzer and blood tests can be affected by operator error, such as improper administration or interpretation of results.
- Medical Conditions: Certain medical conditions or medications can interfere with the accuracy of breathalyzer and blood tests. A qualified medical expert may be able to testify on your behalf regarding the potential impact of any medical conditions on the test results.
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Challenging the Prosecution’s Evidence
- Witness Testimony: If there are witnesses who can provide an alternative explanation for your driving behavior or testify to your sobriety, their testimony can be crucial to your defense.
- Video Evidence: If the arrest was captured on video, the footage may contain evidence that contradicts the officer’s account of the events. A thorough review of the video evidence can be invaluable in identifying inconsistencies and developing a strong defense.
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Negotiating a Plea Bargain
In some cases, negotiating a plea bargain with the prosecution may be a viable option. A plea bargain involves pleading guilty to a lesser charge in exchange for a reduced sentence.
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Seeking a Diversion Program
Diversion programs are alternatives to traditional prosecution. If you are eligible, you may be able to participate in a program that involves:
- Alcohol education classes
- Community service
- Regular drug testing
Successful completion of a diversion program can result in the dismissal of your DUI charges.
Finding the Right DWI Defense Attorney
Choosing the right DUI defense attorney is crucial to the success of your case. Look for an attorney with:
- Extensive experience in DUI defense
- A proven track record of success
- A strong understanding of New Jersey DUI laws
- Excellent communication and advocacy skills
Contact Us Today
If you have been charged with a DUI in New Jersey, contact Reisig Criminal & DWI Law today for a free consultation. Our experienced DWI defense attorneys will aggressively defend your rights and work to achieve the best possible outcome for your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have been charged with a DUI in New Jersey, it is crucial to consult with a qualified DUI defense attorney immediately.
