Can I Challenge a DWI Charge in New Jersey?
If you are facing DWI charges in New Jersey, you will need to retain the help of an experienced traffic violations attorney. A DWI charge carries serious consequences that can follow you throughout your life. As a result, it is important to know your rights. The following violations may allow you to challenge your DWI charges:
A law enforcement officer must have a valid reason to pull a driver over. If there was not a valid reason, evidence from the stop may be deemed inadmissible in court.
Officers must conduct an assessment of the driver’s condition before administering a breathalyzer test. In New Jersey, the assessment must be at least 20 minutes. If the protocol was not followed, it is possible for charges to be dismissed.
Field Sobriety Tests:
Drivers are often asked to conduct a series of tests to determine their level of intoxication.
There are three tests that may be conducted:
- The Horizontal Gaze Nystagmus test
- The One Leg Stand test
- The Walk and Turn test
These tests have specific rules as to how they must be carried out legally. The officer must not only read the instructions of the test to the driver but demonstrate it for them as well. Before the tests begin, the driver must fully understand what is expected of them. If an individual fails a test, the officer may arrest them for a DWI.
Some defenses of a failed Field Sobriety Test may include:
- The officer did not read all the instructions
- The officer did not demonstrate the test
- The officer did not inform the individual that they may remove high heels
- The individual has health issues preventing them from passing the test
If you are facing DWI charges in New Jersey, you will need to retain the help of a skilled and dedicated attorney. Contact our firm today to discuss your case.
Contact our Firm
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.