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Drunk Driving: DUI Defenses

A New Jersey conviction for driving under the influence carries many serious and even life altering consequences including:

  • Significant fines;
  • State imposed surcharges;
  • Time in jail;
  • Insurance surcharges;
  • The installation of an ignition interlock breathalyzer;
  • Suspension of driving privileges.

In order to avoid or minimize these consequences, it is imperative that you contact a New Jersey DUI lawyer to investigate your case, conduct discovery and present the best defense or defenses possible on your behalf. 

Types of Defenses

There are many different types of defenses that might apply to your situation depending on the specifics of your case and the facts surrounding your arrest for DUI.  These defenses include:

  • Initial stop or sobriety checkpoint: Whether you were stopped at a New Jersey sobriety checkpoint or pulled over for violating a traffic signal, there are certain rules and guidelines the local police must follow. Your attorney will review all of the circumstances surrounding the initial stop to confirm that the correct procedures were used and to file any appropriate motion on your behalf.
  • Field sobriety: When an officer believes that an individual is driving under the influence of alcohol or drugs they may request the completion of various field sobriety tests. Depending on the extent and nature of those tests, there are likely one or more defenses that can be raised on your behalf.  

In July of 2016, the New York Times Magazine reported that portable drug test kits resulted in a large number of false positives.  When it comes to field drug tests there are many different substances that generate a false positive including:

  • Chocolate
  • Sage
  • Breath mints
  • Loose-leaf tea
  • Cough medicine

There are similar problems with the field testing used for alcohol consumption which typically involves subjective balance and walking tests that are performed on the side of the road in poor lighting and without taking into consideration physical and environmental factors that may contribute toward the unreliability of the test results.  A skilled New Jersey DWI defense attorney understands how the tests should be properly administered and the best way to object to your test results.

  • New Jersey Alcotest: In October of 2016, a federal class action lawsuit was filed after the New Jersey Attorney General charged Sergeant Marc Dennis with records tampering relative to the calibration of Alcotest breathalyzers.  Sgt. Dennis is accused of failing to recalibrate the breathalyzers used on New Jersey police vehicles.  These types of calibration issues and other difficulties regarding breathalyzers can form the basis of a successful defense.

You Need a New Jersey DUI Lawyer From Helmer, Conley & Kasselman, P.A.

A conviction for driving under the influence may be a traffic offense, but the ramifications are still serious. To avoid or minimize the legal consequences of a DUI conviction, it is critical to speak to a DUI attorney at Helmer, Conley & Kasselman, P.A. as soon as possible to begin building your defense. Contact our office today to discuss all of the legal defenses that might apply to your situation.

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