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.

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