In the United States of America we have the right to travel about freely without worrying that we’ll be stopped by the police. In order for an officer to detain an individual that officer must have probable cause. An officer has probable cause to detain or stop an individual when he witnesses a criminal act or reasonably believes a criminal act was committed or is about to be committed. This can be something as simple as a broken tail light.
If an officer detains or stops a person without reasonably articulable suspicion, the evidence obtained as a result of that stop or detention may be suppressed from the point of infraction on. This means that if the officer pulls you over or detains you without probable cause, the evidence obtained as a result of that stop can be considered inadmissible. If the evidence is inadmissible, the state will not be able to prove the elements to the offense and the case may be dismissed.
STAGE 2
The second stage of a defense to DWI is the Sufficiency of the Evidence. In most cases, the evidence obtained will include (1) a driving pattern, (2) officer testimony based on field observations of the Standard Field Sobriety Tests (SFT’s), and (3) a breath or blood test.
In most instances the driving pattern will be taped by the officers cruiser mounted video camera. This evidence can either be very helpful or very damning. If the tape demonstrates a driving pattern indicative of a lack of control of the vehicle it will provide probable cause to detain the operator.
If it the tape does not show an obvious inability to operate the vehicle safely then it becomes a point to argue.
The tape will also be useful when evaluating the officer and your performance during the SFT’s. These are tests that have been specifically developed to determine whether or not a person is under the influence and therefore incapable of operating a vehicle safely. If the tests are not administered properly, their evidentiary value is compromised. The tape will demonstrate whether the officer administered them properly or not.
Lastly, there is a growing body of evidence that undermines the credibility of the various blood and breath tests currently administered throughout the United States. These tests must be administered precisely as well with regular calibration of the machinery and interval testing.
STAGE 3
The final stage of the defense involves requiring the prosecutor to prove your guilt because despite what you may think, you are innocent until proven guilty. In order to prove that you are guilty of Driving Under the Influence the prosecutor must demonstrate that;
(1) the accused was operating or in actual physical control of the vehicle
(2) the accused is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle
(3) or has sufficient alcohol in his/her body that a chemical test shows that the person has a blood or breath concentration of .08 or greater at the time of the test.
In order to determine the blood or breath alcohol content the arresting officer may request a blood or breath test. If you refuse to submit to the breath test, the state will write a separate ticket for a refusal offense. This is a separate from a DWI offense. A first time refusal offense will result in the revocation of your license for 7 to 12 months whether or not you are convicted of DWI.
The information provided in this packet is intended as information ONLY. This information in no way provides an adequate substitute for legal representation by a trained attorney.
(856) 429-1735 NewJerseyDUIHotline@gmail.com
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Levow & Associates
1415 Route 70 East Cherry Hill Plaza, Suite 200, Cherry Hill, NJ 08034
Phone: (856) 429-1735 NewJerseyDUIHotline@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
The Levow & Associates offices are located in Cherry Hill, New Jersey, and represent people charged with DUI / DWI / DAI in the entire state of New Jersey.
