DWI Observation Cases
If you have been charged with a DWI, you make feel scared and confused. In some cases, you may be charged because the officer who pulled you over observed intoxicated behavior. These are called observation cases. A seasoned attorney knows how to defend cases based on police observations.
In the state of New Jersey if you’re charged with a DWI or DUI, there are at least three ways that the police can try to prove that. One is through a breath test, urine test, or blood test.
One of the other ways is what they call an observation case where the police officer saw you driving erratically and perhaps you had an odor of alcohol on your breath. You had blood shot and watery eyes. You slurred your speech; you were unsteady on your feet, and your performance on the three standard sobriety tests or the field sobriety tests, was underscored, which means that you didn’t do well.
Even without a blood test, urine test, or breath test, the police can try to prove a DWI through their observations of you from the time that they pull you over until the time that they release you.
In many municipalities in New Jersey, if you are pulled over for a DWI or DUI, there may be what’s called a motorized vehicle recorder in the police car, basically a dash cam. In many cases I’ve had, there are videotapes of the police officer interacting with the client.
In many instances the police officer’s standard field sobriety tests are captured by that video. That is one of the things that I always get to defend my client. I review the film with my client in my office thoroughly to determine whether we should decide to go to trial on that particular case.
Defenses Against an Observation Cases
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.
If you need fierce representation that is dedicated to your justice, contact our New Jersey DWI Attorney office.