4 Defenses Against DWI in New Jersey
If you have been charged with DWI, you may be feeling terrified. You might want to know what can be done. In New Jersey, there are defenses that an attorney can use to defend your DWI charge. Here are 4 examples of defenses against DWI charges.
Defending a DWI
In the state of New Jersey, there are many ways to defend a DWI. It all comes down to the facts of your case. There are many situations where a competent and experienced attorney can use the facts of your case to your advantage.
Remember, if you’re charged with a DWI in the state of New Jersey, you’re presumed innocent. The state must prove each and every element beyond a reasonable doubt. However, there are also many defenses that you can interpose into your case, and that’s where an experienced attorney comes into play.
Defenses Against DWI: Breathalyzer Refusal Defense
In the state of New Jersey, if you’re charged with a DWI and there is a refusal summons that is given to you, it’s important to try to communicate with your attorney about the circumstances of the refusal. For instance, you might have agreed to take the breath test, but you provided samples that were insufficient and therefore charged with refusal, or you might have been charged with refusal and not been read to you the required statement. If you weren’t read the required statement, that is a true defense to the charge of refusal.
Defenses Against DWI: Glove Box Defense
In New Jersey when you’re charged with a DWI, there are many possible defenses. One is colloquially called a glove box defense, where someone has alcohol with them, drove to a location, maybe a park, and consumed alcohol but didn’t operate their motor vehicle. It can be established through the surrounding circumstances that the police came upon you after you had consumed the alcohol but before you operated the motor vehicle. While that’s not a common set of circumstances, it is something that should be considered by the attorney if it’s true.
Defenses Against DWI: Observation Case
In the state of New Jersey, if you’re charged with a DWI that’s going to be prosecuted through the observations of the police officer, it’s critical the way that you perform the field sobriety tests, because if you perform the field sobriety tests very well, that could be brought up to the court in an effort to defend you against proof beyond a reasonable doubt that you were operating the motor vehicle in an intoxicated condition. It’s very important that you communicate with your attorney regarding how you performed those tests.
Defenses Against DWI: Field Sobriety Tests
In New Jersey, if you are charged with a DWI, there will be a time when you take field sobriety tests at the point where you are stopped. If the police feel that there were indications of intoxication, they will make an arrest. However, you and your attorney can attack the quality of the evidence that the police obtained through this standard field sobriety test if your performance on those field sobriety tests is good. It’s important that you communicate with an experienced New Jersey DWI attorney about how those field sobriety tests were administered and how you performed on them.
If you have been charged with a DWI and want fierce representation, contact New Jersey DWI Attorney Carl Spector.