It’s not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by…
Articles Posted in Breath Test Results
Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case
Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a…
New Jersey Legal Defense Update: Proving a Driver was Legally Intoxicated can be Challenging
As a former municipal prosecutor, I know that it is sometimes difficult for the prosecution to prove that a motorist was legally drunk at the time of a DWI, drug DWI or DUI arrest. Much of the state’s case against a driver accused of driving under the influence relies on…
Legal Defense Brief: Defining Impairment for Drunken Driving Cases in New Jersey
Here in the Garden State, a motorist can be pulled over for any number of traffic violations including excessive speed, failure to maintain one’s lane, improper use of turn signal and even defective vehicle equipment, such as a broken taillight or burned-out headlamp. It’s not that these are unusual violations,…
DWI Legal Defense Update: Do You Really Think You’re Safe with a BAC Below 0.08 Percent?
First off, and we’ve said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual’s personal…
US Supreme Court: Breathalyzer Results Not Valid Evidence Without Operator Testimony to Back It Up
In cases where a motorist has been arrested for drunken driving, one of the more significant pieces of evidence for the state is the resulting blood-alcohol content (BAC) measurement from the breathalyzer or Alcotest device employed by police agencies all across the Garden State. One thing to keep in mind,…
Bergen County, NJ, Drunk Driving Defense News: Apple to Remove Apps that Locate DWI Roadblocks
Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn’t know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence…
Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges
It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult…
Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device
Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces…
Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey
Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff…