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  • Tuesday, November 29

What Are Some DUI Defenses in New Jersey?

What Are …

In New Jersey, a conviction for driving under the influence (DUI) of drugs or alcohol carries many serious and life-altering consequences, including significant fines, state-imposed surcharges, time in jail, insurance surcharges, the installation of an ignition interlock breathalyzer and suspension of one’s driving privileges. However, with a competent New Jersey DUI defense lawyer on your side, you can wage one of several effective defenses against your charges. For more information, please read on, then contact an experienced Mercer County DUI lawyer. Some solid defenses in New Jersey DUI cases include:

Proving you were not impaired

Remember the prosecutor has the burden of proof. Since all DUI and DWI cases in New Jersey involve bench trials, you must convince one person, the judge, that the prosecution has not proven their case beyond a reasonable doubt. To poke holes in the prosecution’s case, you might raise doubts about whether:

  • Law enforcement had properly calibrated testing equipment
  • Law enforcement had properly administered testing
  • Your blood alcohol concentration rose after law enforcement pulled you over

Having the prosecution’s evidence suppressed

The judge may rule any evidence police collected, including test results and self-incriminating statements, inadmissible if the defendant convinces the judge that police:

  • Stopped you without reasonable suspicion
  • Arrested you without probable cause, or
  • Violated your Constitutional rights

Presenting evidence of a false positive BAC test result

Research has shown that several non-alcoholic substances can generate false positive BAC test results, including:

  • Certain types of dental work
  • Mouth jewelry
  • RFI-emitting devices

Pleading to a lesser charge

If you believe that you face a conviction at trial, you may want to plead to a different charge. Unfortunately, you can’t plea bargain a DUI or DWI case in New Jersey. However, if the State does not feel that it has sufficient evidence to satisfy the burden of proof it may dismiss the DUI and allow you to plead to a lesser charge with less severe consequences. Please note that the court will have to approve any such resolution.

Making sure you have a sober ride home

Of course, we would not be doing our duty if we did not inform you about the most effective means of beating a DUI charge: Have a designated driver, a rideshare service, i.e. Uber or Lyft, or another safe ride alternative drive you home after a night of drinking. Thus, law enforcement never pulls you over and you never face DUI charges.

If law enforcement has already charged you with a DUI, you should not hesitate to speak with Douglas Herring, Esq. as soon as possible.

CONTACT A MERCER COUNTY CRIMINAL DEFENSE LAWYER

If you face a criminal matter, contact The Law Office of Douglas Herring to schedule your initial consultation.

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