Defend Your DWI Case in New Jersey

A DWI charge in New Jersey can seem overwhelming, but it is not the end of the road. You would be well-advised to get professional legal help. Contact the Law Offices of Bartholomew Baffuto, Esquire, to discuss your case.

Motion to Suppress Evidence for Lack of Probable Cause

A DWI traffic stop in New Jersey requires a lawful basis, such as, e.g., a traffic violation or unsafe driving. If the officer did not have reasonable suspicion or probable cause, any evidence obtained during the stop could be challenged.

Courts sometimes dismiss cases when a traffic stop itself is found to be unlawful. A reputable lawyer can comb through the police report and the bodycam footage seeking to find errors in the way the police did things.

Challenging Breath Test Results Allegedly Establishing Intoxication

Breath test results are a foundation of evidence, but those are not infallible. Results can sometimes be suppressed, e.g., in circumstances of improper device calibration, unqualified operators, or failure to follow standardized protocols.

A lawyer might also look into whether physiological factors such as leftover alcohol in your mouth or GERD might have tipped the readings.

Driver Statements Regarding Alcohol or Drug Use

Admitting to drinking or using drugs could provide evidence the State could present in court. The Law Offices of Bartholomew Baffuto, Esquire, DUI lawyers in NJ, will know how to evaluate the legality of the interrogation process and how to protect your rights.

Challenging The Field Sobriety Tests

Field sobriety tests (FSTs) are notoriously subjective and unreliable. Weather, uneven terrain, or medical conditions can affect observed performance. Officers have to follow strict protocols during these tests. FST evidence could be discredited if an attorney could premise a doubt viz. that the tests were not administered correctly or that the observers were biased.

Challenging The 20-Minute Observation Period

Under New Jersey law, there is a required continuous 20-minute observation period before administering a breath test. If this protocol were not to be followed or documented well, it would give rise to grounds to suppress breath test results, significantly weakening the State’s case.

Failure to Provide Discovery

The defense must be given all the evidence the prosecution has. A big procedural misstep is failing to provide essential items such as video footage, maintenance records for breath test devices, or officer reports. If discovery rules are violated, your lawyer can ask the court to refuse to allow this evidence in or to dismiss the case.

Your DWI Arrest in NJ is Not a Conviction

A DWI charge is not a conviction: many defenses can be used to fight the case against you. Lawyers can sometimes exploit procedural flaws, evidence can be challenged, and prosecutors can be negotiated with for reduced penalties or dismissal. You should seek out a zealous defense.

You can defend yourself in court with the help of expert legal advice. If you are charged, call the Law Offices of Bartholomew Baffuto to discuss your case.

Featured Image Source: https://www.istockphoto.com/photo/drinking-and-driving-handcuffs-and-gavel-on-marble-background-gm1250142086-364527179?searchscope=image%2Cfilm