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!

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.

 

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.

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.

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.

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!

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.

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.

 

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.

 

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.

 

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!

 

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.

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!

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.

"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.

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.

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.