Many people make the incorrect assumption that there are no defenses to a DWI/DUI offense. Quite the contrary, there are many defenses for your attorney to look for when fighting your case.
- Probable Cause: The police must have probable cause to stop you and investigate you for drunk driving.
- Proper Administration of the Field Sobriety Test: The police must conduct the Field Sobriety Tests correctly and in conformance with the Standardized Field Sobriety Testing manual.
- Proper Administration of the Alcotest: There are many procedures the police must follow when administrating the Alcotest. The failure to follow these procedures could render the breath test inadmissible in court.
- Failure to Provide Discovery: The failure for the State to provide all discoverable materials to your attorney might not get your case dismissed entirely, but it could provide an advantage to your defense. Failure to produce these documents could render the breath test inadmissible in court.
- Refusal to Consent to a Breath Test: A refusal charge is a serious charge in New Jersey, but there are still defenses that may be available to you.
These are just some of the defenses that your attorney may be able to utilize.