If you are facing DWI charges, you should know that there are several aspects of your case that you can challenge. Just because you were stopped does not mean you will be convicted. Contact Samuel Louis Sachs Esq. LLC today to learn more about how to beat a DWI in NJ, and what you can do to avoid a DWI conviction.
Challenging a New Jersey DWI
Your DWI attorney can help you challenge your DWI stop, arrest, and processing through the system. They can do this by focusing on the following:
Challenging the Stop
An officer can only stop a car if he or she has reasonable cause to believe that you were driving in a way that violated the law. The arresting officer must be able to articulate a reason that they stopped your vehicle — for example, explain that they saw your car swerving or crossing over lines. However, the officer cannot just say they saw you walk out of a liquor store. Without a valid reason to stop you, the court may dismiss your case.
Challenging the Chemical Tests
If you were given a breath, blood, or urine test, your attorney can challenge the results of these tests. Chemical tests are notoriously inaccurate. They can indicate that someone has a blood alcohol content (BAC) above a certain level when they do not.
For example, the breath test machines may not have been working correctly, or the officer may not have followed protocol when administering the test. Certain substances like medication, mouthwash, cough drops, etc. could have also interfered with test results.
Your attorney can investigate your case to see whether proper procedures were followed in taking, preserving, and analyzing your blood sample. If protocol wasn’t followed, your blood test results may also be inadmissible.
Challenging the Field Sobriety Tests
When you are stopped on the side of the road, the officer may ask you to complete a series of tasks that indicate a field sobriety test (FST). Common FSTs include the walk-and-turn test, horizontal gaze nystagmus test, and one-leg-stand test. These tests are difficult to conduct property and often indicate false positives. They should always be challenged in court.
Presenting Contrary Evidence
When considering how to beat a DWI in NJ, you should present evidence in your case that is contrary to that of the officer. If the officer presents chemical tests, you may offer evidence that indicates they are not accurate. If the officer presents eyewitness information, then you should challenge that testimony. There are many types of evidence that you can present that will counteract what the officer is attempting to prove.
You Have Health or Medical Problems
There are an array of health and medical problems that can cause you to seem intoxicated or fail certain tests administered by the police. Muscular problems in your legs, arms, neck, and back and throw off results in a one-leg-stand or walk-and-turn test. Dryness of the eyes or other eye issues can cause problems with the horizontal gaze nystagmus test. Even medications that you take can throw off chemical tests. Your attorney should challenge evidence presented by the officer with your health and medical problems.
Poor Weather or Broken Roads
If you were driving in bad weather or on dangerous roads, then you may have been swerving. An officer should consider the environmental conditions when evaluating your driving. Weather or road conditions can impact the results of field sobriety tests.
Using Video Tapes or Dispatch Records
Most officers in New Jersey have a camera in their car or on their bodies. This information can be collected and used to show that your field sobriety tests or interaction with the officer were not as bad as the officer indicated. If the officer claims you were combative or uncooperative, the tapes can reveal that you were not as contrary as they claimed.
You can use independent witnesses to your stop and arrest to prove things contrary to what the officer claims. You may also use expert witnesses to prove chemical tests, field sobriety tests, or other aspects of your stop were not as they should have been
Learn More About How to Beat a DWI in NJ
At Samuel Louis Sachs Esq. LLC, we know how to prove the officer or court system is not operating properly. Contact us today for help.