NEW JERSEY CRIMINAL LAWYERS

NJ BREATH TEST REFUSAL

Defend Your Rights: Camden County Breath Test Refusal Defense Lawyers

Driving under the influence of alcohol or drugs is a severe offense, as it puts the safety and lives of other motorists and pedestrians at risk. To legally drive, a motorist who possesses a New Jersey driver’s license agrees to provide a breath sample to analyze blood-alcohol content (BAC) as a condition. Nevertheless, in requesting for a breath test, the police officer must have reasonable suspicion that you are driving while intoxicated. You need an experienced attorney who can leverage this standard and other compelling arguments in your local municipal court to challenge a refusal charge if you are facing such charges.

At Todd Spodek’s law firm, we bring rare and unmatched expertise and qualifications to the table when handling your DWI case. Our Camden County DWI Defense Firm has obtained dismissals for refusal offenses in Pennsauken, Gloucester City, Bellmawr, Camden, Gloucester, Winslow, Berlin, Cherry Hill, Stratford, Somerdale, Voorhees,a amongst others. We boast ten attorneys that specialize in defense DWI; one of our attorneys is our department head who is among the four or five lawyers in the state dedicated exclusively to handle N.J.S.A. 39:4-50 related offenses.

Additionally, five of our attorneys have Alcotest certification while we have two certified instructors in Standardized Field Sobriety Testing. With former municipal prosecutors across more than 25 NJ municipalities part of us with experience that counts when identifying issues that obtain acquittals related to DWI and/or refusal cases similar to yours. Please contact us at (856) 288-3350 for your FREE initial consultation with one of our legal experts anytime you need them; they’ll be available on call always by your side defending your breath test refusal offense in Camden County and beyond.

The State Of New Jersey Implied Consent Law

When a police officer rightfully suspects you of drunk driving and pulls you over, the Breathalyzer test is given. The portable breath test (PBT) is administered on the roadside and is voluntary, meaning you have the option of accepting or refusing to take the test. Alternatively, at the police station, a breath test is given using an Alcotest 7110 device. New Jersey drivers must submit to this breath test at the police station since the implied consent law requires all drivers on New Jersey roads when arrested on suspicion of drunk driving to do so. N.J.S.A. 39:4-50.2 explains that:

a) Any person who operates a motor vehicle on any public road, street, or highway or quasi-public area in this State shall be deemed to have given his consent to taking samples of his breath to help determine alcohol content in their blood; provided that the samples are obtained in accordance with provisions contained within this act and under request of a police officer having reasonable grounds believing that such person has violated relevant laws.

e) No chemical test as provided under this section or specimen necessary for it may be taken forcibly and against physical resistance by the defendant. The police should, however, inform anyone they arrest about consequences related to refusal of submission to such a test; besides reading out standard statements prepared by chief administrators.

New Jersey’s Refusal To Submit To A Breath Test

Refusal charges involving consenting to a breath test can lead to revocation offenders’ driving licenses by municipal courts. N.J.S.A codifies refusal charges concerning submitting breath tests when requested under section 39:4-50.4a.; it provides as shown below:

(a) Municipal court revokes operator right to operate motor vehicles violating relevant laws upon arrest and refused submission for not less than seven months but not more than one year unless refusal was during second offense then two years or third henceforth ten years within such sections. If you need to challenge a refusal charge, call us immediately.

Todd Spodek’s law firm offers valuable aid for those charged with refusing a breathalyzer test. We collaborate with retired State troopers who are certified operators of the Alcotest 7110, which is the breath testing device used in all New Jersey DWI cases. Their certifications in field sobriety testing will review all evidence, police reports and videos drafting a report to challenge the state’s evidence in court when handling your case. If you need our defense services today or tomorrow, please call us at 212-300-5196 for an expert witness testimony analysis on how to defend against these charges during your initial consultation.

Defend Your Rights: Hire A Camden County Breath Test Refusal Defense Lawyer Today!

A breath test refusal charge is serious and demands capable legal representation to defend your rights. The criminal defense attorneys at Todd Spodek’s law firm will shape defense strategies that fight back against these charges while always available to speak with you about your case and formulate a robust defense strategy. We comprehend intricacies of DWI law in New Jersey and help develop decisive solutions that defend your rights against these charges.

Contact us at 212-300-5196 today if accused of breath test refusal charges for a free initial consultation; we’ll seek ways of building personalized defenses no matter how complex the situation may be!