Can I Get My New Jersey DWI Dismissed?
A DWI charge in New Jersey can feel overwhelming, but a charge does not automatically mean a conviction. New Jersey’s DWI laws are strict, yet they also require law enforcement to follow precise rules at every stage of an investigation. When those rules are not followed, a case may be weakened, or in some situations, dismissed. Below, H&S Law Group explains common legal issues that can arise in New Jersey DWI cases and how they may affect the outcome.
Understanding New Jersey DWI Laws
New Jersey treats Driving While Intoxicated as a serious motor vehicle offense rather than a criminal charge, but the penalties are severe. Convictions can include:
- Fines: Monetary penalties can range from hundreds to thousands of dollars.
- Surcharges: The state imposes additional annual fees for three years.
- Jail time: Repeat offenders may face mandatory time in county jail.
- License: Suspension of your license.
To secure a conviction, the state must prove impairment or an unlawful blood alcohol concentration (BAC) using legally obtained and reliable evidence. Any failure in that process opens the door to a legal challenge.
Challenging The Initial Traffic Stop
Every DWI case begins with a traffic stop, and that stop must be lawful. Police need reasonable suspicion that a traffic violation or offense occurred. If an officer stops a driver without a valid legal reason, any evidence gathered afterward may be suppressed. An unlawful stop can significantly undermine the prosecution’s case.
The following are lawful stops:
- Speeding: The officer must accurately measure your speed.
- Lane deviation: Minor weaving within a lane is not always grounds for a stop.
- Equipment violations: Broken taillights must be verified as broken at the time.
If you suspect your stop was not lawful, H&S Law Group is here to help. Our attorneys can review your case and help you navigate the legality of the stop.
Problems With Field Sobriety Tests
Officers use Standardized Field Sobriety Tests to determine if a driver is impaired, but they are subjective and prone to error. These tests are not pass-or-fail in a scientific sense, yet they are often presented as strong indicators of intoxication.
- Subjectivity: The officer decides if you passed or failed.
- Conditions: Poor lighting or uneven ground affects performance.
- Instructions: Improper directions can lead to unfair failure.
Improper instructions, uneven surfaces, or nervousness can all affect performance. If the officer deviated from standard instructions, the results might be invalid.
The Walk And Turn Test Issues
This specific test requires you to walk heel-to-toe in a straight line. It is designed to test your ability to follow instructions and perform physical tasks simultaneously. It assumes ideal conditions and physical ability. In reality,
- Balance: Inner ear issues can cause swaying unrelated to alcohol.
- Footwear: High heels or flip-flops make this test incredibly difficult.
- Surface: Gravel or sloped roads can cause anyone to stumble.
can cause a sober person to struggle. If you have any medical issues, your criminal defense attorney can argue that the test results are unreliable.
Flaws In The One Leg Stand Test
The one leg stand test requires balance and coordination that many people lack even when sober. Medical conditions, fatigue, or anxiety can impact performance. Other factors that influence performance:
- Age: Seniors often struggle with balance-based tests naturally.
- Weight: Carrying extra weight makes balancing on one foot harder.
- Nervousness: Anxiety can cause shaking that mimics intoxication.
When officers ignore these factors or fail to ask about physical limitations, the validity of the test can be challenged.
Inaccuracies In Breath Testing Machines
Breath testing machines used in New Jersey must be properly calibrated and maintained. Devices such as the Alcotest, which New Jersey uses, are highly regulated, and even small deviations can affect accuracy. Mechanical issues, software errors, or improper operation can lead to inaccurate BAC readings.
- Calibration: Machines must be tested regularly with known solutions.
- Maintenance: Records must show the device was in good repair.
- Software: Glitches in the programming can produce false positives.
Your defense team at H&S Law Group can request data to see if the machine was working as intended.
Protocol Violations During Breath Testing
Officers must follow strict procedures when administering breath tests. These include observing the driver, ensuring no foreign substances are present, and conducting multiple readings. In addition: :
- Radios: Police radios can disrupt the machine’s sensors.
- Cell phones: Nearby devices can alter the electronic readings.
- Timing: The test must occur within a reasonable time after arrest.
Failure to follow required protocols can render test results inadmissible. At H&S Law Group, we’re here to help you with your legal needs. Contact H&S Law Group today at (973) 200-1433 to schedule a consultation or ask any questions you may have.
The Necessity Of The Twenty Minute Rule
New Jersey law requires a continuous observation period, often referred to as the twenty minute rule before breath testing. This ensures the driver does not ingest anything that could affect the reading.
- Burping: Brings alcohol from the stomach to the mouth.
- Gum: Chewing gum can retain alcohol and skew results.
- Observation: The officer must watch you continuously without interruption.
If this observation period is interrupted or improperly documented, the breath test may be challenged.
Chain Of Custody Errors For Blood Tests
Sometimes police take a blood sample instead of using a breathalyzer. This usually happens if a suspect is injured or if drugs are suspected. When blood is used to determine BAC, the state must show an unbroken chain of custody. Every person who handled the sample must be accounted for.
- Labeling: Vials must be clearly marked immediately after collection.
- Storage: Samples must be refrigerated to prevent fermentation.
- Transport: Documentation must show who handled the evidence.
Missing documentation, improper storage, or delays can raise doubts about the sample’s integrity.
Rising Blood Alcohol Concentration Defense
Alcohol absorption is not immediate. In some cases, a driver’s BAC may have been below the legal limit while driving but rose by the time testing occurred.
- Absorption: Food in the stomach slows down alcohol processing.
- Timing: A long delay between driving and testing matters.
- Metabolism: Everyone processes alcohol at different rates.
This scientific concept, known as rising BAC, can be relevant when there is a significant delay between driving and testing.
Video Evidence Discrepancies
Most police cars are equipped with dashboard cameras that record the stop. Officers also wear body cameras that capture their interactions with drivers. Dashcam and bodycam footage can be powerful evidence.
- Speech: Video might show you speaking clearly despite reports of slurring.
- Walking: You might appear steady on your feet in the footage.
- Conduct: Polite behavior on video contradicts claims of belligerence.
If a video contradicts an officer’s written report or testimony, such as showing steady speech or normal movement, it can weaken the prosecution’s narrative and support a defense argument.
The Impact Of Weather And Road Conditions
Poor weather, uneven pavement, low lighting, or heavy traffic can all affect a driver’s behavior and performance on roadside tests. These external factors are often overlooked but can provide reasonable explanations for conduct that may otherwise appear suspicious.
- Wind: Strong gusts can cause a car to drift naturally.
- Rain: Wet roads make sudden stops or turns dangerous.
- Lighting: Dark roads can hide lines and make staying in lanes hard.
Driving slowly or carefully in bad weather is not a sign of intoxication. Your DWI attorney can use weather reports to explain your driving behavior.
Medical Conditions Mimicking Intoxication
Certain medical conditions, including inner ear disorders, neurological issues, or diabetes, can mimic signs of intoxication. Slurred speech, unsteady balance, or unusual behavior may have nothing to do with alcohol.
- Diabetes: Hypoglycemia causes dizziness and disorientation.
- Allergies: Red, watery eyes are not always from alcohol.
- Fatigue: Extreme tiredness looks very similar to intoxication.
Properly documented medical evidence can be crucial in these cases.
Miranda Rights Violations
You have the right to remain silent when you are arrested. If a driver is subjected to custodial interrogation without being informed of their Miranda rights, any statements made may be excluded from evidence.
- Timing: Rights must be read before custodial interrogation begins.
- Understanding: You must knowingly waive your rights to answer.
- Coercion: Police cannot force or threaten you into speaking.
While not every roadside question requires Miranda warnings, violations can still occur and affect the case.
Inconsistent Police Officer Testimony
Officers are human, and inconsistencies can appear between reports, testimony, and video evidence. Even small contradictions can raise credibility issues.
- Memory: Details often fade over the months before trial.
- Reports: Conflicts between written notes and verbal testimony.
- Procedure: Admitting to skipping steps creates doubt.
A skilled legal review can identify these inconsistencies and use them to challenge the state’s case.
Failure To Provide Speedy Trial
Defendants have the right to a timely resolution of their case.
- Delays: Prosecution asking for too many postponements.
- Prejudice: The delay harms your ability to defend yourself.
- Timeframe: Cases should generally resolve within a few months.
Unreasonable delays without valid justification may violate this right. In certain circumstances, failure to provide a speedy trial can result in dismissal.
Can I Get My New Jersey DWI Dismissed?
While not every New Jersey DWI charge can be dismissed, many cases involve procedural errors, unreliable evidence, or legal violations that can significantly impact the outcome. Each case is unique, and the details matter. At H&S Law Group, careful examination of every aspect of a DWI charge is essential to protecting a client’s rights and pursuing the best possible result. Visit our office today at 1719 NJ-10 Suite 224, Parsippany-Troy Hills, NJ 07054.