NJ DWI TRAFFIC STOPS
Defend Yourself: Fight Your DUI/DWI Charges with Spodek Law Group in New Jersey
If you find yourself facing a DUI or DWI charge, the situation can be overwhelming. But don’t worry, as there is hope – Spodek Law Group’s team of skilled attorneys are committed to helping you fight your charges and defend your rights. We are dedicated to providing our clients with the representation possible and will work tirelessly to give you the fighting chance you deserve.
Questioning Probable Cause: The Key Defense Strategy
An effective defense against a DUI charge is questioning the validity of the stop that led to the arrest. For an officer to make a valid arrest, there must be probable cause, meaning that there should have been evidence or reason to believe that a crime was committed and that the defendant was responsible for it.
Stopping a driver due to their past traffic violations or records is not an acceptable reason for arresting them. This borderlines racial profiling and isn’t lawful. Thus, identifying whether probable cause can be contested by challenging elements such as a faulty vehicle’s alignment leading to swerving across lanes could help clear one’s name since it does not necessarily prove intoxication on their part.
Evaluating Blood Alcohol Content (BAC) Test Results
When police suspect someone of driving under influence, they apprehend them with tests like blood alcohol content (BAC). In New Jersey, being found with a BAC of 0.08% or higher could lead to an arrest warrant; however, these tests’ accuracy is contestable in court.
Suppose you’ve been found guilty after taking a BAC test; an experienced attorney A such as ours can help evaluate how reliable this test result might be. They can challenge factors like improperly administered tests, inconsistencies due to equipment calibration faults leading people wrongly accused of drunk driving.
Using Legal Precendents To Defend Against DWI/DUI Charges
Spodek Law Group has successfully defended many clients against DWI/DUI Charges over the years, and challenged cases at their might seem like a walk in the park. To prove the arrest made on you was illegal, scrutinizing both Traffic Stops and subsequent arrest are key.
We can refer to legal precedents such as State v. Carpentieri, State v. Pegeese, and State v. Pitcher as case references that courts take seriously regarding this defense strategy of routine stops being mistaken as DUIs or DWIs.
State v. Carpentieri demands that an officer present reasonable suspicion and assertiveness regarding traffic regulations’ violation to stop someone for a DUI or DWI charge. The defendant may not rightfully be detained with force for a search absent criminal conduct following evidence of relevant legal documentation such as registration certificates and driver’s licenses due to State v Pegeese’s ruling.
Finally, State v. Pitcher allows us to challenge evidence by insisting that an erroneous stop based on factually incorrect information is enough grounds to warrant a case dismissal even if the arresting officer had ‘reasonable’ belief(s) beforehand.
Partner up with Spodek Law Group in New Jersey
Each case is unique in its way, and there are several defenses available when fighting DUI charges or DWI charges. Our attorneys are always available by phone or email for anyone seeking our services in a free consultation session tailored specifically towards your needs as dictated by your case; Contact us now at 212-300-5196 to schedule an appointment.
Traffic Stops for Drunk Driving Charges – A Guide
When it comes to keeping roads safe for everyone, authorities consider driving under influence an offense since one wouldn’t have complete control of their faculties while driving intoxicated with substances such as drugs or alcohol.
As such, police officers come down hard on individuals suspected of this crime because it poses significant danger to them and other road users. It is vital to understand how these stops and arrests work so that in case anyone encounters this issue, they can handle it well.
Factors That Trigger A Traffic Stop for A DWI Charge
Several reasons could prompt a police officer to stop you for a DUI or DWI charge, including:
Swerving across lanes: This might indicate that the driver is having trouble operating the vehicle due to intoxication or fatigue.
Breaking traffic rules: For instance, not observing red lights, driving on the wrong side of the road, over-speeding, etc.
Erratic driving behavior: Such as reckless driving putting pedestrians or other drivers at risk of accidents.
Protecting Against Illegal Traffic Stops For DUI Charges
If you’re stopped by an officer who suspects you of drunk driving, there are still several ways to protect yourself against any false accusations.
At times officers would stop people with no probable cause or evidence to support their suspicion mainly based solely on race, age or perceived socio-economic status, for example. Thus be wary of profiling at play too. Follow these suggestions:
Inform the officer about any health issues affecting your senses(Most commonly eyesight), which may skew Sobriety test results.
– Stay calm and collected during interactions with law enforcement.
– Not volunteering information unless requested; Otherwise exercising caution can save someone from incriminating themselves unknowingly.
Understanding Field Sobriety Tests
When police suspect a driver is intoxicated, one of the things they’ll ask them to do is take field sobriety tests (FSTs) such as balancing on one foot tests among others proving tough while under influence when done casually. The results offer further investigation by officers looking into potential charges stemming from such behaviors when we’re supposedly legally accountable for our actions.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS