Too often those charged with driving while intoxicated choose not to even attempt to fight these charges in court. While it may be daunting or intimidating to consider doing so, the penalties for DWI in New Jersey should be enough to make those charged with driving under the influence consider the option of fighting a potentially invalid charge.
Many drivers assume that the evidence against them is insurmountable. On the contrary, a skilled criminal defense attorney knows how to challenge each aspect of a DWI charge to ensure proper disposal of the case.
Additionally, the state legislature continues to seek additional penalties for DWI beyond the existing consequences. If you are facing a DWI charge in New Jersey, consider the ramifications of hefty penalties before accepting a DWI charge without attempting to fight it.
Challenging all aspects of DWI charges
There are a number of ways to challenge the legality and validity of a DWI case. The first element of a DWI case is the initial traffic stop, so it is also the first element to consider when challenging the validity of a charge. The traffic stop began the entire chain of events, which means that the state’s case often rests entirely on this stop.
Police officers need reasonable cause to pull over a driver on suspicion of driving under the influence. Without demonstrable probable cause, an officer may have violated your rights in conducting the traffic stop. If the traffic stop is invalidated, a defense attorney can make the case that all evidence stemming from the stop is also invalid.
Beyond the traffic stop, field sobriety tests and chemical tests may not withstand scrutiny in court. Field sobriety tests are based on a subjective reading of a person’s balance and focus, two factors that may differ based on something entirely unrelated to intoxication. Focus and balance abilities may vary depending on if a person has various disabilities or injuries which is not a reflection of intoxication.
Technology used for chemical tests requires careful calibration and maintenance. If an officer did not properly calibrate or use the Breathalyzer, the result could have shown an inaccurate reading.
Consider the penalties of DWI
Driving under the influence is a major cause of accidents and injuries on the roads, which is a key reason why the penalties for such behavior are harsh. It’s in everyone’s interest to reduce the risk of dangerous driving, so legislators hope penalties curb this behavior. Due to the risks of impaired driving, these consequences often have life-changing and drastic effects for a driver.
Don’t accept these major penalties just because you fear the fight against them. If a charge is based on faulty evidence or improper police conduct, you could face harsh penalties for an invalid case. Consider your future and seek assistance to ensure proper disposal of a DWI case.
