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Saturday, 17 March 2018

Possible Defenses A Lawyer Can Use For Driving While Intoxicated NJ

By Elizabeth Collins


In New Jersey, driving while intoxicated is a serious traffic violation. The penalties for DWI include probation, fines, jail time and the revocation of your drivers license. If they are facing charges of driving while intoxicated NJ dwellers should prepare the best defense possible. There are no jury trials for DUI in NJ. Therefore, it is essential to hire a DWI lawyer to prepare a strong defense to present to the judge who will preside over your case.

Besides knowing how courts operate, DUI lawyers also know the new laws and regulations. They can evaluate a case in various angles to defend a person aggressively. Your lawyer will do all it takes to convince a judge to reduce or drop your charges.

When you hire an attorney to represent you, you will also get the support of a professional team. The attorney will employ his or her own team to carry out background investigations and collect adequate information about the case. The professional will prepare reports based on the findings from his or her team and make the representation factual. The lawyer will also cross examine witnesses, if any, in order to prepare answers in your defense.

After evaluating your case, a lawyer can defend you in several ways. For instance, the lawyer can argue that a police officer did not have probable cause for asking you to stop. If the police officer did not have a reasonable ground for asking you to stop, a lawyer can cite this while defending you. Some of the reasonable grounds for police officers to stop motorists include erratic driving, the violation of traffic rules and easily visible damages to the safety equipment of vehicles.

Another defense strategy is to cite improper police actions. Your lawyer can use this strategy if the law enforcement officer who made the arrest violated any of your civil rights. For instance, your lawyer can provide evidence that the police officer acted inappropriately after pulling you over or after the arrest.

A DWI attorney can also request a court to drop the charges if there is evidence of an error in the field sobriety test. Sometimes, law enforcement officers do not administer field sobriety tests in the right manner. They may also arrest a person based on inaccurate results. For example, the test referred to as the horizontal gaze nystagmus can be challenged due to mistakes in detecting eye movements linked with the use of substances that affect the central nervous system.

You may also have a valid defense if the police officer who arrested you used an inaccurate portable breathalyzer. A DWI lawyer can question if the police officer was skilled in using a breathalyzer and whether the device was subjected to routine maintenance and calibration. The lawyer will also ask if there were intervening factors like vomiting before the test was performed.

A lawyer who is experienced knows the kind of questions that prosecutors ask in court. The lawyer can gather evidence that supports his or her arguments. The attorney will also review the documents that will be used in your case and eliminate any errors. This way, your lawyer will eradicate any weaknesses in your case so that you can get the best possible outcome.




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