Thursday, December 19, 2013

Do you believe that just because there is a positive urine test, that you will be found guilty of your New Jersey DWI?


     You shouldn’t!

     Law enforcement officers are supposed to follow a set protocol when collecting a urine sample.  Sometimes, that protocol is not followed by the police.  If the specified protocol is not followed, then an experienced and knowledgeable NJ DWI Defense Attorney can file a motion with the court to have the results suppressed; which means that the results are excluded from being given to the Municipal Court Judge.

     So, if your attorney tells you to plead guilty only because there is a urine test that indicates the presence of alcohol or drugs, you may want to consider another attorney; one that will fight for you and dig deeper into the discovery.

     If you just want to plead guilty to your NJ DWI, then please do not call my office.  If you want to fight your New Jersey DWI charge, then call my office today, at (856) 745-1765 for a free initial case evaluation.  Or, if you e-mail me at basneresq@me.com, I will send you an actual Court Order dismissing a DWI case against a client of mine.  (Of course, the name of the client is redacted to protect privacy.)

Sunday, December 15, 2013

Did you realize that blood tests to determine your Blood Alcohol Content may not be accurate?

     The admissibility of blood test results in a New Jersey DWI case depends in part on the procedures used in the collection of the sample.  Sometimes, police blood testing fails to follow the prescribed rules of testing, analysis, and preservation of the sample.  Medical centers that take these samples sometimes fail to follow proper protocol as well.  Even if they claim that the preparation swab is non-alcoholic, there can be some trace of alcohol in the swab which can subject samples to a possible Motion to Suppress Evidence, which could keep the BAC result out of the case.  Finally, hospital tests have been shown to overestimate blood results.  Make sure that you inform  your attorney as to the procedure for the blood draw in your case.

     Contact the Law Office of Christopher J. Basner, P.C., today, at basneresq@me.com.  Ask for proof of DWI cases that were dismissed.  We will e-mail you actual Court Orders dismissing cases.  Of course, confidential client information will be redacted.

Wednesday, December 11, 2013

Did you realize that there are substances that may interfere with breathalyzer results from the Intoxilyzer in New Jersey?

     Erroneous breath test results may be caused by multiple items such as asthma inhalers and cough drops; they may contain forms of alcohol.  Make certain that you inform your attorney if you were taking asthma medication and/or cough drops before taking a breathalyzer test; it is important to work as a team with your attorney to obtain the best result.  Also, medical records indicating a diagnosis of asthma should be obtained and sent to an Expert Witness to fight your New Jersey DWI Charge.

     Why plead guilty?  Remember; everyone who enters a plea of guilty is guilty.  Intelligently fight your New Jersey DWI Charge by contacting the law office of Christopher J. Basner PC today at (856) 745-1765.

Monday, December 9, 2013

Do you understand that if you were charged with a refusal in New Jersey, but, you tried to provide a breath sample, you have a defense to the refusal charge?

     You must inform your New Jersey DWI Defense Attorney if you have asthma, or similar condition that would make it difficult to provide a breath sample!  I also recommend that those medical records be provided to an expert medical witness who will write a report on your condition to obtain the best result possible in aggressively defending your NJ DWI charge.

     Contact the Law Office of Christopher J. Basner, P.C., today, at basneresq@me.com if you have asthma and you are fighting a NJ  DWI charge!  I have an expert medical witness that I recommend to all clients with this condition; he earned degrees in both medicine and law; M.D. & J.D.

Friday, December 6, 2013

Did you realize that you cannot be forced to give blood without a warrant or consent in New Jersey?

     If you were forced by a law enforcement officer to give a blood sample to prove that you were driving under the influence of alcohol in New Jersey, the results may be excluded in court.

     The law requires either consent or a warrant!  Fight your New Jersey DWI Charge!  Do not let the State get away with bullying you!

     Contact Christopher J. Basner, Esq., today, if you were forced to give blood!  basneresq@me.com

Wednesday, December 4, 2013

Did you realize that the State’s failure to turn over all discoverable evidence may result in evidence being excluded, or the case dismissed?

     If the prosecutor has not provided all required evidence, a motion to compel evidence may be filed.  In New Jersey, this is often called a Holup Order.  I have successfully done this!  If the discovery is still not turned over by the prosecutor by the date ordered by the judge, then a motion to dismiss the charges may be filed to fight your New Jersey DWI.  The Judge may order certain evidence excluded, or the case may be dismissed. Contact me today at basneresq@me.com for a free initial case evaluation.

 

Tuesday, December 3, 2013

Did you realize that an Expert Witness may help beat your New Jersey DWI?

     Expert Witnesses are available to review the validity of the breath test or blood test.  In addition, an Expert Medical Witness may help if you have medical conditions that would affect your ability to perform the standard field sobriety tests.  If your case involves a DRE, or Drug Recognition Expert, an expert could greatly assist in your defense.  Almost all cases benefit from the assistance of these experts.  I personally recommend that you retain an expert witness to assist with medical, testing, and DRE issues.

Monday, December 2, 2013

Do you understand that operation of the motor vehicle is an issue in defending your New Jersey DWI?

     How strongly do you desire to beat your New Jersey DWI charge?

     How can you beat your NJ DWI charge?

     Did you know that if the State of New Jersey, by and through the arresting officer, or other witness, cannot prove beyond a reasonable doubt that you were operating the motor vehicle, or that you intended to operate the motor vehicle, you cannot lawfully be convicted of Driving While Intoxicated in New Jersey?

     Do not enter a guilty plea to your New Jersey DWI charge, unless you are getting a good plea bargain!  Do not let the State off easy and do their job for them by entering a guilty plea!

    

Saturday, November 30, 2013

Did you know that if the State of New Jersey fails to provide you with a speedy trial, your case may be dismissed?

     In New Jersey, DWI cases are to be resolved within 60 days of the date of the arrest.  However, your right to a speedy trial must be demanded in New Jersey.  As a matter of course, I demand a speedy trial in my discovery demand to the prosecutor.  An alternative is to file a motion with the court to demand a speedy trial.  I prefer to place the demand in the discovery demand, because it does not draw attention the way a formal motion filed in court would.  Strategy matters!

Friday, November 29, 2013

Do you have any independent witnesses to defend your alleged New Jersey DWI?

     Sometimes witnesses to accidents, passengers, bartenders, hospital personnel, or other individuals can testify to the defendant’s sobriety.  Tell your attorney of all potential witnesses.

 

Wednesday, November 27, 2013

Did you know that the failure of a law enforcement officer to conduct a mandatory observation period is a defense to your NJ DWI?

     If the police fail to keep you under observation for 20 continuous minutes immediately prior to the breath testing, the results of the testing may be excluded in court.  This however, by itself, will not automatically make your case go away.  However, an experienced NJ DWI defense attorney can use this to fight your NJ DWI, to work toward a complete dismissal, or a lower penalty.

Tuesday, November 26, 2013

Did you learn that the arresting officer’s prior record and statements are a source of challenging your New Jersey DWI?

     The disciplinary record of the arresting office may be used to challenge the officer’s credibility; especially if the officer has been disciplined for misrepresentation(s) or violating the rights of a motor vehicle driver.  In addition, if the officer has previously testified in a New Jersey DWI case about the reliability of standard field sobriety tests or how to administer them, that prior testimony can be used to challenge the officer's skills at administering standard field sobriety tests if he varies his answers from trial to trial.  In addition, if the officer misled the driver about the consequences of refusing to submit to tests under New Jersey DWI law then the results of the refusal, or the readings from the machine may be excluded in court.

Monday, November 25, 2013

Did you realize that poor weather conditions may be a defense to your New Jersey DWI charge?

     The police officer’s report should indicate what the weather conditions were on the date that you were charged with a DWI.  In addition, weather reports establishing poor visibility, high winds, and other conditions can be used to explain driving behaviors or balance on the standard field sobriety tests.

Friday, November 22, 2013

Do you understand that medical and health problems may be a defense to your New Jersey DWI charge?

     Medical problems with legs, ankles, feet, arms, neck, back and eyes can affect the results of standard field sobriety tests.  In addition, other medical conditions may affect the validity of breath test results.  Make sure that you inform your attorney of all of your medical and/or health problems and provide medical documents!

Thursday, November 21, 2013

Did you realize that New Jersey Breathalyzer Machines must be operated in a certain manner?

     There are pre-set protocols which must be followed for a breath test to be valid and admissible in court.  If you select an attorney that knows this information, then the State’s failure to follow these protocols could result in improper readings; thus, the reading may be thrown out.

Wednesday, November 20, 2013

Were you aware, that just like any other machine, the Breathalyzer Machine may malfunction?

     If a New Jersey Breathalyzer machine malfunctions, or undergoes a repair, your test results may not be accurate.  If the prosecutor is unable to demonstrate that all of the proper procedures were followed, then the results of the testing might not be admitted into evidence in court to prove your alleged BAC result.

 

Tuesday, November 19, 2013

Did you realize that a New Jersey Breath Test Operator must have a current license?

     An operator of a New Jersey Breath Test must have a current operator’s license.  If they do not, the breath test result is not admissible in court to prove that you were driving under the influence.  A NJ Breath Test Operator must renew his or her credentials for the breath test to be considered by the court.  This is something that I check for in every case.  Did you know that there are attorneys out there defending DWI charges that do not know this?  Contact me today for a free initial case evaluation.

 

Monday, November 18, 2013

Did you know that a New Jersey Breath Test Operator must be licensed?

     New Jersey Breath Test Operators must possess a valid and current operator’s license.  If they do not, the breath test is not admissible in court.  Defend your New Jersey Driving While Intoxicated charge!  Don't just plead guilty!  Remember, everyone who pleads guilty is guilty.

     Call my office today at (856) 745-1765.

 

Sunday, November 17, 2013

Did you know that videos or dispatch tapes could help your DWI defense?

     All New Jersey State Troopers, and many other New Jersey law enforcement officers have video cameras in their patrol vehicles.  These videos, along with videos from testing rooms, booking rooms, and other sources can be good defenses to some New Jersey DWI charges.  Videos may show that the field sobriety tests are not as bad as the officer interpreted them.  Videos may demonstrate that the driver’s speech was not muttered, slurred, or incoherent.  Videos may also evidence that the driver’s balance was not swaying or stumbling.  These are areas where an experienced New Jersey DWI defense attorney can show that the officer maintained a bias towards the driver and is not accurately testifying about the driver’s clues of intoxication.  Vehicle stops may be audibly recorded on dispatch tapes, in addition.
     E-mail me today, at basneresq@me.com for a free initial DWI case evaluation!
 

Thursday, November 14, 2013

Did you know that an Illegal motor vehicle stop should be suppressed?

     Did you realize that a New Jersey law enforcement officer cannot lawfully stop an automobile without having a reasonable and articulable reason to believe that a law has been violated?  (In general; there are exceptions.)  For example, if the officer conducts a motor vehicle stop merely because he or she witnessed the driver exiting a bar and get into the car, the New Jersey DWI charge may be dismissed based on a violation of the driver's rights, enforced by your attorney filing a motion to suppress the evidence.

Tuesday, November 12, 2013

Non-Standardized Field Sobriety Tests are invalid in Court


 
     Did you realize that Non-Standard Field Sobriety Tests are not valid in court?  Non-standard field sobriety tests, such as touching your finger to your nose, are not much more accurate than a coin toss to see if you are under the influence.  Neither the Federal Government’s National Highway Traffic Safety Administration nor medical science consider touching your finger to your nose,  reciting the alphabet, or counting backwards as valid tests to determine whether a person is driving under the influence.

     If you were given a non-standard field sobriety test, contact me today, at basneresq@me.com for a free initial case evaluation!

Monday, November 11, 2013

Failure of Law Enforcement Officer to Follow Protocol for Standardized Field Sobriety Tests

     Did you know that if the law enforcement officer failed to follow protocol for “standardized” field sobriety tests, then the result is not reliable in court?  One example of this is if the arresting officer asked to you perform the walk-and-turn test on a non-flat surface.

     I may be reached at (856) 745-1765.

Friday, November 8, 2013

"Standard" Field Sobriety Tests are not always "standard"!


     Do you realize that  “Standardized” field sobriety tests are not reliable evidence of intoxication?  In healthy people, the one-leg stand test is only about 65% accurate in predicting whether someone will be over the current legal BAC limit of 0.08%.  That percentage would earn a D letter grade in school!  In addition, the walk-and-turn test is only about 68% accurate.  So, people with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by “standard” field sobriety tests.  The Horizontal Gaze Nystagmus, or what is commonly referred to as the eye test, is not admissible in New Jersey courts to prove that an individual is intoxicated.

Thursday, November 7, 2013

How do lawyers lose winnable DWI cases?

      
          How could an attorney advise a client to plead guilty when the case could be dismissed and/or won at trial?

          I vividly recall appearing in Municipal Court recently defending my client.  I noticed a colleague and started conversing as we waited in line to speak with the prosecutor.  This attorney hung their head low and stated that there was a reason for law enforcement to stop his/her client’s vehicle, so his/her recommendation was that his/her client plead guilty.  Wow!  Remember, every one who pleads guilty is guilty!  I asked the prosecutor to set my case for trial.  Did you know that a recent New Jersey Supreme Court case mandated that the prosecutor introduce, among other things, twenty documents before a breathalyzer result can be admitted into evidence?  This is one area where attorneys can drive a client off of the road into an unnecessary guilty plea; my colleague did not even know this, but, was defending someone unarmed with this knowledge.

          If you are interested in fighting a DWI charge, or know someone who needs their license to work and pay bills, contact me today.

Tuesday, November 5, 2013

Why do you defend people that are guilty?


“Why do you defend people that are guilty?”  I am often asked this question; even by very well educated, and well intentioned individuals.   I explain to them that I defend the accused.  Do you see the difference?  The Constitution demands that individuals are presumed innocent until proved guilty beyond a reasonable doubt.
 

Thanks to the Innocence Project we know that individuals have been convicted that were in fact innocent.

 

 

Wednesday, August 7, 2013

Victory

I won a Laurick Application for a client last month!  My client faced a third DWI.  However, I was able to save her 180 days in jail!

Friday, May 24, 2013

Mandatory 20 Minute Observation Period

If you were charged with a DWI in New Jersey, the law requires that you be observed for 20 minutes prior to administration of the breathalyzer.

If this was not the case with you, then contact me today!

Christopher J. Basner, Esq.
basneresq@me.com

Sunday, May 19, 2013

Motion to Suppress

Were you charged with a DWI in New Jersey?

Was a motion to suppress filed in your case?

If not, contact me today for a free initial case evaluation.

basneresq@me.com

Christopher Basner, Esq.

You owe it to yourself to get aggressive representation!

Wednesday, May 8, 2013

Miranda Rights

By law, a police officer is required to give you your Miranda Rights before taking you into custody.

They should tell you that you have the right to remain silent; that is good advice!

Contact me today if you have any questions!

My personal e-mail is:  basneresq@me.com.

Monday, May 6, 2013

DWI Refusal - but, you tried....

Were you charged with a DWI refusal in New Jersey?

Did you attempt to blow into the breathalyzer?

There are defenses to this....

E-mail me today:  basneresq@me.com




Monday, April 22, 2013

Second or Third DWI in NJ

Are you now facing a second or third drunk driving charge in New Jersey?

Did you make the mistake, through no fault of your own, of pleading guilty to a previous DWI without an attorney?

I may be able to help you!

Feel free to email me today at basneresq@me.com.

Christopher Basner, Esq.

Friday, April 19, 2013

DWI Refusal in New Jersey

Were you charged with a drunk driving refusal in New Jersey?

The good news is that there are defenses to a refusal charge!

E-mail me today!

Christopher J. Basner, Esq.
basneresq@me.com


Wednesday, April 17, 2013

Defender of Rights

Do you really want a lawyer defending you who also writes wills, files divorces, and sues people regarding auto accidents?

At Christopher J. Basner, PC, we defend people's rights; period.

We protect the rights of those charged with drunk driving, criminal offenses, and traffic matters.

We also sue police officers for wrongful arrests arising out of the above!

Contact us today; basneresq@me.com!

Tuesday, April 16, 2013

Standardized Field Sobriety Testing; it sounds so official, doesn't it?

Unfortunately, often times officers do not ask about medical conditions that would affect the validity of field sobriety testing.

Were you wrongfully arrested for drunk driving in New Jersey?

I would like to help!

You may reach me via e-mail, at basneresq@me.com, today!

Friday, April 12, 2013

Why did the police officer stop you?

A police officer must have a reason to stop you in order for the stop to be lawful. Sometimes, the police do not follow the law in this regard! I can file a motion to suppress evidence of a DWI if the police did not follow the law in this regard!

Contact me today!

basneresq@me.com

Tuesday, April 2, 2013

Fight Your New Jersey DWI on Appeal

Sadly, some people accept a guilty finding at trial on a DWI charge.

This does not have to be the case!

Sometimes, attorneys have have to appeal cased to achieve the best result possible.  However, the Municipal Court Prosecutor does not want you to appeal your case!

A benefit of appealing a DWI conviction is that on appeal, your sentence may be stayed!

Contact me today at basneresq@me.com to fight your DWI conviction on appeal.

There is a very limited time frame in which to appeal your New Jersey DWI conviction from the Municipal Court to the Law Division.

Tuesday, March 26, 2013

Sad News - Many people needlessly plead guilty to their NJ DWI

           Sadly, many individuals just give up and plead guilty to their New Jersey DWI charge.  They think, "Well, there is a breathalyzer result, so I can't beat it."

           However, there are many ways to beat a New Jersey DWI!

           If you want to beat your New Jersey DWI charge, you must fight with your lawyer to get the best result!

           Check out the following link now!

http://www.1800dialdui.com/CM/FindAnAttorney/FindAnAttorneyNewJersey-DUIDWIAttorneysLawyers.asp