What are the Common Defenses Used in DUI Cases in New Jersey?
Facing a DUI charge can be daunting, but understanding the common defenses available may offer some reassurance. Legal defenses used by criminal lawyers from the Law Office of Matthew V. Portella, LLC, in DUI cases focus on challenging the evidence and procedures used to establish impairment.
Here are some of the most common defenses used in DUI cases and how they can potentially lead to a favorable outcome:
1. Challenging the Legality of the Traffic Stop
One of the first lines of defense in a DUI case is questioning the legality of the initial traffic stop. Law enforcement officers must have reasonable suspicion to stop a vehicle. If an officer cannot justify the stop with a valid reason, such as erratic driving, a traffic violation, or a safety concern, then any evidence gathered during the stop, including breathalyzer results, may be deemed inadmissible in court. This defense can lead to the dismissal of charges if the stop is found to be unlawful.
2. Questioning the Accuracy of Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to assess a driver’s level of impairment. However, these tests are subjective and can be influenced by various factors. A defense attorney might argue that the tests were improperly administered or that external factors such as poor lighting, uneven pavement, or a driver’s medical condition affected the results. By casting doubt on the reliability of FSTs, an attorney can weaken the prosecution’s case.
3. Disputing Breathalyzer or Blood Test Results
Breathalyzer and blood tests are frequently used to measure blood alcohol concentration (BAC). However, these tests can be challenged on several grounds. Once you’ve been placed under arrest and you’re asked to take the evidential Breathalyzer, what happens if you refuse to take it?
In New Jersey, the machine that we use is called an Alcotest.
Defense attorneys may question the calibration and maintenance of breathalyzer devices, the qualifications of the individual administering the test, or the chain of custody for blood samples. In addition, factors like the consumption of certain foods, medications, or medical conditions can skew BAC results. Demonstrating these inaccuracies can be pivotal in reducing or dismissing charges.
4. Proving Necessity or Duress
In rare cases, a defense of necessity or duress might be applicable. Necessity involves arguing that the defendant had no reasonable alternative but to drive under the influence due to an emergency, thereby avoiding greater harm, such as escaping a dangerous situation. Duress, on the other hand, may involve being coerced or threatened into driving by another person. These defenses require compelling evidence and are typically used when the circumstances surrounding the DUI are extraordinary.
5. Highlighting Procedural Errors
Procedural errors during the arrest process can provide a strong defense. For instance, failing to inform the defendant of their rights, mishandling evidence, or errors in the arrest documentation can lead to the dismissal of charges. A keen eye for detail is essential, as even minor procedural missteps can affect the validity of the prosecution’s case. An experienced attorney will meticulously review the arrest process to identify any such errors.
The Importance of Legal Representation
Navigating DUI defenses requires a thorough understanding of the law and the intricacies of the legal system. This is where the expertise of a skilled attorney becomes invaluable. A competent DUI attorney can assess the specifics of your case, identify applicable defenses, and strategically advocate on your behalf. Their experience in negotiating plea deals or fighting charges in court can significantly influence the outcome of your case.
Securing legal representation early in the process can also alleviate much of the stress and uncertainty associated with DUI charges. Attorneys can guide you through legal proceedings, ensuring that your rights are protected and that you are equipped to make informed decisions regarding your defense strategy.
Contact a NJ DUI Defense Lawyer
While DUI charges are serious, various defenses can be employed to challenge the evidence and procedures used against you. Whether it’s questioning the legality of the traffic stop, disputing test results, or highlighting procedural errors, each defense offers a pathway to potentially mitigating or dismissing charges. With the aid of a knowledgeable attorney, you can confidently navigate the complexities of a DUI case and work toward a favorable resolution.
