In New Jersey a person is convicted under a DUI charge if he is found to be impaired of driving abilities and secondly if his Blood Alcohol content (BAC) is found to be more than the legal limit of .08%.
Ways to beat DUI in New Jersey
- A DUI enforcement officer cannot stop a car for any unreasonable and inarticulate reasons, hence the accused can defend by quoting an Illegal Stop.
- Field test which are not considered to be standards for detecting alcoholic impairment such counting backwards, touching your nose and saying alphabets.
- Breathe test conducted by a breath test operator who does not possess a valid license.
- Where the breathe test operator who conducts the test hold an expired license.
- Malfunctioning of a breathe test machine, resulting in procedural fault is a valid defense.
- Not following the protocols in operating a breathalyzer machine results in improper test results.
- Videos cameras used in patrol vehicles across the state can be used as an evidence to show that the results of the field sobriety test conducted where not as bad as it was interpreted by the officer.
- Health problems can have an impact on the sobriety test conducted by the enforcement officers.
- Where the enforcement officer fails to conduct the observation period of 20 mins before taking a breathe test is a valid defense against the conviction.
- Witnesses at the time of accidents, bartenders and hospital staff can act as a definite defense in the case.
- The enforcement officer’s prior disciplinary record and statement can be used as a sufficient proof that the officer has misled the convict about the details of the test and procedure.
- Failure on the part of the DUI officer to read the implied consent warning to the driver results in dismissal of charges.
- Failure to provide a speedy trial within 60 days from the date of arrest results in dismissal of the case.
- Inaccurate blood test procedure followed at the time of conducting the test is a valid defense.
Originally posted 2016-12-11 14:21:33.