DWI Defenses

June 20, 2018

20-Minute Observation Defense for DWI Cases in New Jersey

A DWI conviction can have long-lasting consequences for a person’s life. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help. When a person has been arrested for a DWI, there are certain procedural safeguards that must be obeyed by law enforcement. Unfortunately, these rules are not always followed. We can examine the merits of your case and determine whether any of your rights was violated.

The basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Alcohol is not the only basis for a DWI in New Jersey. You can also be arrested or charged with a DWI if you are behind the wheel of a motor vehicle under the influence of drugs – whether legal, illegal, or prescription.

A possible defense in New Jersey DWI cases is that the police did not watch you for 20 minutes prior to administering the breath test to measure your blood alcohol concentration (BAC). Breath tests are not always reliable. In fact, these tests can yield false results due to conditions like acid reflux disease or diabetes, or when a person has belched in the preceding 20 minutes. This is why New Jersey police officers are required to follow certain rules and regulations pertaining to breath tests. One of these rules is that a driver must be observed for 20 minutes to make sure he or she did not vomit, belch, touch lips or tongue, or ingest any liquid or objects.

May 9, 2018

Alcotest Calibration Scandal Could Lead to Over 20,000 New Jersey DWI Cases Being Tossed

by Jonathan F. Marshall

Anyone charged with a DWI offense should understand the seriousness of the charge by seeking the help and guidance of a seasoned New Jersey DWI attorney. At our firm, we have defended many clients in their DWI cases and can defend you as well. With years of experience, we are dedicated to protecting the rights of our clients at every step of the way.

A New Jersey state trooper’s failure to follow a step in the Alcotest calibration process has raised issues about the validity of subsequent breath test results. In a comprehensive report released by the state judiciary, retired Judge Joseph Lisa stated the improper conduct of a state trooper possibly undermined DWI convictions over an eight-year time frame. The findings could result in over 20,000 drunk driving cases being tossed out.

Last year, our blog covered the story about Sgt. Marc Dennis potentially improperly calibrating Alcotest devices. Shortly thereafter, Judge Lisa was appointed by the state Supreme Court to conduct hearings on cases handled by Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, whose job entailed testing the accuracy of breath-test devices used by New Jersey Police. In 2016, it was alleged that Dennis lied on official documents about performing a legally required temperature check while calibrating three Alcotest devices, which are designed to measure the blood-alcohol level of allegedly intoxicated drivers.

December 22, 2017

The Defense of Quasi-Entrapment in New Jersey

by Jonathan F. Marshall

Have you been arrested or charged with driving while intoxicated (DWI) in New Jersey? If so, it is imperative to reach out to a trustworthy New Jersey DWI attorney who has experience with this area of law. A DWI conviction should never be taken lightly because it can have far-reaching adverse consequences for many aspects of your life. You can rest assured that we understand the seriousness of these charges and will vigorously advocate for your rights throughout the entire legal process.

Not all criminal defenses that are available in criminal prosecutions are available in DWI cases. The New Jersey Supreme Court, for instance, has held that “entrapment” is not a valid defense in DWI cases. In order to succeed with a New Jersey entrapment defense, the defendant must prove that the police conduct constituted an inducement to commit a crime by objective standards. Put simply, the defendant must show that the crime would not have been committed had the police not encouraged or induced the defendant to commit it. It is important to note that the defendant must establish entrapment by a preponderance of the evidence.

The New Jersey Supreme Court contemplated whether a DWI defendant could raise a quasi-entrapment defense in State v. Fogarty. In that case, the defendant had asked his brother to drive him home because he was too drunk to drive after a wedding reception. In the parking lot, however, the brothers got into a fight and caught the attention of local police. An officer struck the defendant’s brother with a nightstick. When the defendant asked the officer to stop hitting his brother, the officer ordered him to leave the parking lot. When the defendant failed to listen, the officer ordered him to leave again and then proceeded to escort him to his truck. The defendant complied by getting into his truck but ended up backing into a police car. He was arrested for drunk driving and later convicted by a municipal court.

April 27, 2017

Blood Tests in New Jersey DWI Cases

by Jonathan F. Marshall

If you have been charged with a DWI based on a blood sample that you were forced to provide, you need to know your rights. An experienced New Jersey criminal defense attorney can help you do just that. A conviction for driving while intoxicated (DWI) can have long-lasting effects on your ability to drive or be insured. This is why it is vital to act quickly to develop a strong criminal defense.

Drunk driving is a big problem in New Jersey and throughout the United States. According to the Centers for Disease Control and Prevention, about one in three traffic deaths involve a drunk driver. Between 2003 and 2012, approximately 1,816 people were killed in crashes involving a drunk driver in New Jersey. While it is a serious issue, there are also cases in which an individual is unfairly convicted of a DWI based on shoddy evidence, such as a faulty blood test.

Prosecutors usually rely on a defendant’s blood alcohol content (BAC) to establish that he or she was driving while intoxicated (DWI). The basic offense of a DWI in New Jersey consists of an individual operating a motor vehicle with a BAC of 0.08 percent or higher.

April 14, 2017

Urine Testing in New Jersey DWI Cases

by Jonathan F. Marshall

When a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.

March 9, 2017

A Basic Overview of Possible DWI Defenses in New Jersey

by Jonathan F. Marshall

Being arrested for or being charged with a DWI should not be taken lightly. A DWI conviction can have far-reaching consequences for virtually every aspect of your life. If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney to discuss the circumstances surrounding your arrest. We can scrutinize the facts of your case and determine whether any defenses may be appropriate.

A DWI charge does not mean you are automatically guilty. Instead, you are innocent until proven guilty “beyond a reasonable doubt” by the State. However, New Jersey law states that a 0.08 percent blood alcohol content (BAC) level alone is sufficient for a DWI conviction. Thus, if your BAC was measured at 0.08 or higher, your defense will typically focus on the reliability and validity of the reading. For example, you may concentrate on whether the breathalyzer was used properly by the officer and whether the machine was working properly. If it is found that the machine was not used correctly or not working correctly, the result may be excluded from evidence.