New Jersey Legal Defense
If you have been caught driving under the influence of alcohol, you should be aware that you are about to face severe consequences. DUI laws are very strict, therefore drunk driving offenses shouldn’t be taken lightly. This offense can enter into your criminal record, damage your reputation and affect every aspect of your life in the future. In order to make sure you have done everything you can to achieve the most positive outcome in the case, you should hire the best DWI lawyer in New Jersey to come to your aid as soon as possible. An experienced attorney will carefully examine the evidence they have against you and he will try in every way possible to keep your records clean. Hiring an attorney is crucial because he will help you understand the legal process you are going through. Your legal representative will guide you through the legal system and come up with legal strategies that will either reduce your charges or have the case dismissed. Drunk driving attorneys have two main approaches that they can use in your defense – violation of blood test procedure and lack of probable cause.
Violation in Breathalyzer or Blood Test Procedure
Before arresting you and charging you for operating a vehicle while intoxicated, the law enforcement officer that has stopped you must have you undergo field sobriety tests and a breathalyzer test. Without the two mentioned tests, the office cannot determine whether or not you have an increased BAC. If your BAC is over 0.08%, you will be charged. Although this is considered hard evidence, a quality lawyer can disprove it if you have carefully observed how the tests were conducted. If your lawyer proves the tests weren’t properly conducted, you can be saved from prosecution. In most cases, DUI New Jersey lawyers work to prove that the breathalyzer device was faulty. If the device was faulty, the results are unreliable and the case will be dismissed. If any errors in administering the test are noticed, the results will also be considered unreliable.
Lack of Probable Cause
Many people don’t know that a police officer has no right to stop you randomly unless there is a legal reason for them to do so. If you have been driving by disregarding speed limits, veering all over the road or shown any other signs of dangerous or reckless driving behavior, a law enforcement officer has the right to stop you and check if you have been drinking and driving. If the officer stopped you for no apparent reason, the charges can be challenged and dismissed. You could also be stopped if you appear to be driving too slowly. Whatever the case is, your lawyer has to know why you were stopped. If there was no reason for you to be stopped, a case upon lack of probable cause can be created.
Apart from these two mentioned approaches, your legal representative can use other methods and tactics to defend you. It is important to be honest with your lawyer from the very start and listen to his advice.