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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