What You Need to Know About Drunk Driving and How to Avoid It
The law, specifically New Jersey Motor Vehicles and Traffic Regulations, prohibits the operation of motor vehicles under the influence of drugs or alcohol. A blood alcohol concentration of 0.08% or higher is considered a violation of the law.
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Penalties for Drunk Driving in New Jersey
The best thing a DUI lawyer can do for the accused is to prove his innocence or look for mitigating circumstances to lower his sentence. The law offices of Jonathan F. Marshall DUI lawyer in New Jersey, for example, can help prove that the breathalyzer used to test the defendant’s blood alcohol level was defective.
A machine error defense can only work if the machine has not been maintained and calibrated correctly because it can cause the machine to malfunction and show a false-positive. Your lawyer can help you establish such an error and render the evidence against you inadmissible in court.
The penalties for people caught driving drunk or in violation of the law range from paying a penalty of $400, license suspension, to 60 days of jail time. Penalties can be even more severe if the defendant destroyed property or caused the death or injury of another person.
Potential defenses for Drunk Driving in New Jersey
Aside from proving defective equipment was used, here is a list of other possible defenses your lawyer can help you with. Note that the defence strategies available to your DUI lawyer depend on the unique circumstances of your case. If you caused damage to property, for example, you could not solely rely on the defectiveness of the breath analyzer as a defense.
Procedural Mistakes
Another defense your lawyer can explore is to establish a flaw in police procedures. If the apprehending officer, for example, did not recite the Miranda Warning during the arrest, booking you is considered unconstitutional. The apprehending officer will then be charged administratively for such an omission of duty.
Unintelligible Language Used During Arrest
When you are stopped for possible DUI, the apprehending officer should explain all your rights in a language that you understand. This is according to the due process clause in the law. If such instructions are not provided to you in your native language, your implied consent is deemed to have been violated.
Mistaken Refusal
For a breathalyzer to work, an individual must blow into the device for a certain length of time. If you could not blow on it long enough to get a proper reading because of a medical condition, you can call for a mistaken refusal defense.
Issues in Field Sobriety Tests
Unlike a breath test, field sobriety tests are not required in New Jersey. If you were made to perform the horizontal gaze nystagmus (HGN), stand on one leg, or take a turn and walk test, your lawyer could use these to challenge the validity of the arrest procedure.
Violation of Constitutional Rights
One of your rights, even if you are accused of a criminal violation, is the presumption of innocence. You are innocent until proven guilty. Aside from that, you also have the right against self-incrimination and the right to counsel. If during the arrest, any of these rights are violated, your lawyer can build a case against the apprehending officers.
There are many ways a lawyer can help you with DUI or traffic accidents. Aside from helping you build your version of the story and coming up with a defense, your lawyer is there to protect your rights.
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