When you are facing a DUI charge in New Jersey, there are several issues that can make or break your defense. As a defendant, it is critical to understand which issues present challenges and which ones you can use to your advantage. However, this is easier said than done—and this is one of several reasons why it is important to have an experienced New Jersey DUI lawyer on your side.
What Are the Issues that Could Make or Break Your Defense?
What are the issues that can make or break your defense in a New Jersey DUI case? Here are seven examples:
1. Issues with Your Traffic Stop
In New Jersey, the police cannot stop you without cause. Except when operating a DUI checkpoint, in order to conduct a lawful traffic stop in New Jersey, the police must have reasonable suspicion that a driver has committed, or is in the process of committing, a traffic violation or crime.
As a result, issues with your traffic stop can provide a defense to your DUI in court. If the police stopped you without reasonable suspicion, then any evidence they obtained as a result of your traffic stop may be inadmissible in court. If prosecutors don’t have evidence they can use against you, they won’t be able to prove your guilt beyond a reasonable doubt.
In order to have the state’s evidence deemed inadmissible, you will need to challenge your traffic stop in court. If you don’t successfully challenge your traffic stop, prosecutors still can—and will—use their evidence against you. When you hire an experienced New Jersey DUI lawyer to handle your case, your lawyer will be able to challenge the constitutionality of your traffic stop on your behalf, if warranted.
2. Issues with Your Blood Alcohol Concentration (BAC) Reading
Under New Jersey’s “implied consent” law, you are required to provide a blood alcohol concentration (BAC) reading during your DUI stop in most cases. If you don’t, you can be charged with a “DUI refusal,” and you can face penalties even if you aren’t guilty of DUI.
If you take the breathalyzer and your BAC is over the legal limit, does this mean that you will be convicted of DUI in New Jersey court? Not necessarily. Various issues can render BAC readings unreliable or otherwise inadmissible in court. If you, or your New Jersey DUI lawyer, can raise valid issues with your BAC reading, you may be able to prevent prosecutors from using it against you.
3. Issues with the Field Sobriety Tests (FSTs)
Unlike providing a BAC reading, taking the field sobriety tests (FSTs) is not covered under New Jersey’s “implied consent” law. However, if you take the FSTs during your DUI stop, prosecutors can use your results against you—even if you didn’t realize that you had the right to refuse to take the tests.
While prosecutors can—and do—use DUI defendants’ field sobriety results against them in court, there are a variety of issues with these tests. These include issues with how the police administer the tests, how the police interpret DUI suspects’ performance, and underlying issues with the tests themselves. When you hire an experienced New Jersey DUI lawyer to represent you, your lawyer will be able to raise these issues on your behalf.
4. Issues with Your Arrest
If you blow above the legal limit or fail the field sobriety tests (or both), you can expect the police to arrest you and charge you with DUI. Here, too, there are a variety of potential issues that could provide you with a defense in court. Some examples include:
- Lack of probable cause to make an arrest
- Failure to read your Miranda rights before interrogating you in custody
- Issues with the dash camera footage of your arrest
Each of these issues could render the state’s evidence inadmissible or present other challenges for the prosecutors assigned to your case. However, here too, you need to know how to identify and raise these issues effectively, which means you require experienced legal representation.
5. Issues with the Prosecution’s Disclosure of Evidence
Under the U.S. Supreme Court case of Brady v. Maryland (1963), prosecutors have a legal obligation to disclose exculpatory evidence prior to trial. Exculpatory evidence is any evidence that suggests a defendant is not guilty of the offense for which he or she is facing prosecution. When prosecutors fail to disclose exculpatory evidence as required, this is referred to as a Brady violation. In some cases, Brady violations can lead to dismissal.
6. Issues with the Reliability or Sufficiency of the Prosecution’s Evidence
In New Jersey DUI cases, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. You do not need to be able to prove your innocence to avoid a conviction—all you need to do is prevent the prosecution from proving that you are guilty. As a result, if you (or your New Jersey DUI lawyer) can raise any issues with the reliability or sufficiency of the prosecution’s evidence, this could be enough to secure a dismissal regardless of the facts of your case.
7. Issues with Your Statements to the Police or in Court
When you are facing a DUI in New Jersey, you need to be extremely careful to avoid making statements that could jeopardize your defense. This applies when you are dealing with the police, and it also applies when you are talking to the judge in court. While various issues could render your statements to the police inadmissible, these issues don’t exist in all cases, and if you confess or plead guilty in court, you might not get a second chance to avoid unnecessary consequences.
Discuss Your Defense with an Experienced New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A.
While these are all potential issues in a New Jersey DUI case, you must be able to raise these issues effectively in order to avoid a conviction at trial. To discuss your defense with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or contact us online today.
