Tuesday, 13 March 2018

Possible Defenses A Lawyer Can Use For Driving While Intoxicated NJ

By Elizabeth Collins


In New Jersey, driving while intoxicated is a serious traffic violation. The penalties for DWI include probation, fines, jail time and the revocation of your drivers license. If they are facing charges of driving while intoxicated NJ dwellers should prepare the best defense possible. There are no jury trials for DUI in NJ. Therefore, it is essential to hire a DWI lawyer to prepare a strong defense to present to the judge who will preside over your case.

DWI lawyers are knowledgeable about the way courts operate and the new laws as well as regulations. For this reason, they are able to evaluate cases in different angles to know how to represent a client in the best way possible. They take the necessary measures to ensure that the charges of a client are either reduced or dropped.

When you hire a lawyer, you will also benefit from the services of his or her professional team. Attorneys often work with other lawyers or private investigators to gather detailed information or conduct background investigations about a case. Your lawyer will prepare a report, which is based on the findings of the professional team to provide the needed facts in your case. If anyone witnessed your arrest, the lawyer can cross examine him or her to put together answers in your defense.

DWI lawyers often use various defenses once they evaluate the case of the client. One of these defenses is telling a court that the law enforcement officer did not have probable cause for pulling over the accused person. Examples of probable cause include a defect in the safety equipment of a vehicle that is easily visible, a traffic offense and erratic driving.

The other defense strategy that an attorney can use is citing improper action on the part of a police officer. An example is when a police officer violates the civil rights of a motorist. An attorney can use this defense strategy if he or she can prove that the law enforcement officer acted in an unprofessional manner after arresting or pulling you over.

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.

A DWI attorney can also defend you by citing inaccuracies of the portable breathalyzer test. Your lawyer can seek to know if the police officer who conducted the test was knowledgeable about performing it. He or she can also ask if the device was properly maintained or calibrated and if there was an intervening factor, such as vomiting before the police officer conducted the test.

An experienced DWI attorney knows the questions that will be asked in court and can collect evidence that will be beneficial for your case. The attorney can also review all the documentation and find out if it has any inaccuracies. He or she will eradicate all the weaknesses in your case so that you will achieve the fairest outcome




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