5 Defenses Against DUI Charges in New Jersey
Even if you have been charged with driving under the influence (DUI) while operating a motor vehicle in New Jersey, there is still hope that you can have your charge dismissed before you can be convicted. If you were not in fact driving after or while drinking, you can collaborate with your attorney to effectively and even successfully argue your case in court. There are several legal defenses that you can use in your case, so to learn more about your options, watch the videos below and contact our team of attorneys if you have any follow-up questions.
Defenses Against DUI Charges
In the state of New Jersey, there are many ways to defend a DUI. It all comes down to the facts of your case. There are many situations in which a competent and experienced DUI attorney can use the facts of your case to your advantage. Remember that if you are charged with a DUI in the state of New Jersey, you are presumed innocent. The state must prove each and every element beyond a reasonable doubt. However, there are many defenses that you can interpose into your case, and that is where your attorney comes into play.
Defenses Against Refusing a Breathalyzer
If you are charged with a DUI in the state of New Jersey, and if there is a refusal summons that is given to you, it is important to communicate with your attorney with regard to the circumstances of the refusal. For instance, you might have agreed to take the breath test, but you provided samples that were insufficient and were therefore charged with a refusal. Alternatively, you might have been charged with a refusal but not read the required statement. If you were not read the required statement, that is a true defense against the charge of refusal.
Defenses Against an Observation Case
The way that a field sobriety test is performed is critical to a DUI case. If you perform well on a sobriety test, that can be brought up to the court in an effort to defend you against proof beyond a reasonable doubt that you were operating a motor vehicle while in an intoxicated condition. It is thus important that you communicate to your attorney how you performed on these field sobriety tests.
Defenses Against Field Sobriety Tests
If you are charged with a DUI in the state of New Jersey, there will be a point after you are stopped when you will have to complete field sobriety tests. If the police feel that there were indications of intoxication, they will make an arrest. However, you and your attorney, working together as a team, can attack the quality of the evidence that the police obtained through the standard field sobriety tests—if your performance on those field sobriety tests was good. Your attorney should know how those field sobriety tests were administered.
The Glove Box Defense
One of the DUI defenses in the state of New Jersey is colloquially known as the “Glove Box Defense,” where someone has alcohol, drove to a location such as a park, and consumed the alcohol—but did not operate her or his motor vehicle after drinking. It can be established via the surrounding circumstances that the police stopped the person after the alcohol was drunk but before the motor vehicle was operated. While this is hardly a common set of circumstances, it is something that should be considered by the attorney if it is true.