Common DWI Myths
Being charged with a DWI in New Jersey is a serious offense which can severely impact your future. It is important to have a general understanding of New Jersey’s state laws when it comes to being charged with a DWI. Our New Jersey DUI lawyer discusses some of the most common DWI myths and misconceptions.
Common DWI Myths | Refusing the Breathalyzer
If you take a breathalyzer exam or an Intoxilyzer, these are both chemical tests. If they draw blood from you, this is a chemical test. If you give them a urine sample, this is also a chemical test. If you don’t supply them with any of those chemical tests, the state still has the opportunity to attempt to prosecute you with the common law or observation DWI. In this case, the police officer testifies about your basic condition and comments on how you were operating the motor vehicle.
The issue with a refusal is that you’ll receive a separate summons for refusal, which can and should be challenged. It does carry its own penalties, which include suspensions of driving privileges and, if you’re licensed in the state, suspension of your driving license. While refusals may have certain advantages, they certainly have some disadvantages.
Common DWI Myths | Performing Well on the Field Sobriety Tests
Sometimes, a defendant will think it will be an easy case because they performed rather well on the standardized field sobriety tests. This might be true occasionally. Performing the field sobriety tests is a challenge, even for sober people. However, performing them well when stopped could be in a tremendous advantage. It might even help you get the case thrown out on a pretrial hearing, before you even have to go to trial. Performing well could be a tremendous advantage in your case.
The best way to analyze this performance for me, as the attorney, is to interview the potential client and achieve my own sense of how he said he did. New Jersey DWI Lawyer Carl Spector will review the police report in comparison to the way a person performs. I then gather the police videos, if they have videos from their police cars. It’s a multi-step process to reap the rewards of performing well. However, as I said, it could be a tremendous advantage.
Common DWI Myths | Intimidation from Police
In the state of New Jersey, the police vehicles have recording devices. The police even have audio that’s attached to his or her person. In every case I’ve handled in the state of New Jersey, I request the audio and video from the police officer. Many times, I receive them. When I do, I review them with my client, and I go over them myself. The attitude of a police officer does not necessarily lead to a case being dismissed. However, it makes it a lot easier to scrutinize, analyze, and defend when intimidation becomes a factor.
In my experience, intimidation is a real factor, especially in cases in which an individual’s pulled over and the police officer wants to search a vehicle for either narcotics or marijuana. The officer’s statement must be that the person gave his consent. However, often the police officers tend to be overly intimidating in those situations, making audio and video extraordinarily beneficial. Therefore, the audio and video should always be asked for and reviewed.
If you have been charged with a DWI, contact New Jersey DUI Lawyer Carl Spector today to schedule a free consultation.