How Can I Challenge DWI Evidence in Court?

How Can I Challenge DWI Evidence in Court?

It is a serious offense when a person is charged with driving while intoxicated (DWI) in the state of New Jersey. That is why it comes with significant penalties that can impact a person for the rest of their life. Those facing these charges should retain the services of a skilled and aggressive New Jersey DWI defense attorney who can protect them from this uncertain future. The right attorney can look into the evidence and facts of the case to provide a proper defense. Continue reading to learn more about what this can entail. 

Illegal Stops

It is always important for people to be aware of their rights. This is especially so when they are pulled over by law enforcement, as this lack of awareness has the potential to cause further trouble. When dealing with DWI charges, both the United States and New Jersey Constitutions protect citizens from illegal police stops. All police officers are required to have a lawful reason to pull over a driver. If they do not, they stop is considered illegal and any evidence gathered from it may be inadmissible in court. 

20-Minute Rule

The law in New Jersey requires police officers to observe drivers for at least 20 minutes before they conduct a chemical breath test. While observing, they must look for signs that indicate the driver is intoxicated. This can include any signs of regurgitation, such as belching or vomiting. Administering a breath test before this time is up could be used as a defense in court to block the results of the test.

Field Sobriety Tests

People who are stopped on the road due to suspicion of a DWI may be asked by law enforcement to conduct a series of field sobriety tests. These are designed to test a driver’s motor skills and balance to see if they may be intoxicated. If a driver shows signs, the officer may have a reason to believe that they are under the influence. The three field sobriety tests are the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Each test has their own specific guidelines. The officer administering it is required to give instructions, demonstrate how it must be completed, and establish that the subject understands the directions.

Some defenses for a failed Field Sobriety Test are:

  • The officer did not read all of the instructions
  • The officer did not demonstrate the test
  • The officer did not inform the individual they are permitted to remove high heels
  • The individual has health issues that make passing the test impossible

Contact our Firm

If you are charged with upgraded domestic violence charges in New Jersey, you need strong legal defense that understands how to deal with these serious situations. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey domestic violence lawyer that will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.

Read Our Latest Blog Posts