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!