Wednesday, March 14, 2018

Possible Defenses A Lawyer Can Use For Driving While Intoxicated NJ

By Elizabeth Collins


In the state of New Jersey, drunken driving is regarded as a serious offense. Some of its penalties include being jailed, paying fines, being put on probation and suspension of a drivers license. If they are facing charges of driving while intoxicated NJ inhabitants should prepare the best defense they can. People who are facing DWI charges in NJ cannot be tried by a jury. They should therefore hire a DWI lawyer who can present a strong defense in front of a judge.

A DWI attorney knows a lot about how the court system operates. He or she also knows about the new regulations and laws. The lawyer can therefore analyze your case in different angles to determine the best way to defend you. He or she will do everything necessary to have the charges dropped or reduce your fine or jail sentence.

When they hire a lawyer, NJ dwellers will also receive the support of the team the professional works with. Lawyers often employ their own teams to perform background investigations and gather enough information about a case. These professionals prepare reports based on the on the findings from their teams and ensure that a case is factual. If anyone witnessed the arrest, a lawyer can interview him or her to prepare answers in the defense of the defendant.

After evaluating your case, a lawyer can defend you in several ways. For instance, the lawyer can argue that a police officer did not have probable cause for asking you to stop. If the police officer did not have a reasonable ground for asking you to stop, a lawyer can cite this while defending you. Some of the reasonable grounds for police officers to stop motorists include erratic driving, the violation of traffic rules and easily visible damages to the safety equipment of vehicles.

A DWI lawyer can also defend a client by citing improper police actions. The attorney will consider if the police offer who arrested the accused violated any of his or her civil rights. A lawyer can use this defense strategy if he or she can prove that a law enforcement officer acted in an inappropriate manner after pulling over or arresting the defendant.

Your attorney can also ask the court to drop your charges if there is proof of a mistake in the field sobriety test. At times, police officers administer field sobriety tests improperly or the results used to arrest a person may not be accurate. For instance, a test known as the horizontal gaze nystagmus is challenged many times because of errors in detecting eye movements, which may be associated with being intoxicated.

You may also have a valid defense if the police officer who arrested you used an inaccurate portable breathalyzer. A DWI lawyer can question if the police officer was skilled in using a breathalyzer and whether the device was subjected to routine maintenance and calibration. The lawyer will also ask if there were intervening factors like vomiting before the test was performed.

Experienced DUI lawyers know which questions are likely to be asked in court. They gather proof that is beneficial in a case. These professionals also review the necessary documents and determine if there are errors. They then eliminate any weaknesses in a case to ensure that their clients get the best outcome.




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