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You must always try to challenge a driving under the influence (DUI) charge. In New Jersey DUI is covered by N.J.S.A. 39:4 -50. The statute needs the state to prove 1) you ran an automobile; 2) that you were under the impact of alcohol, a regulated harmful substance (CDS) such as heroin or methamphetamines, and even your own prescription for Oxycodone, Percocet, Xanax or other medications which might hinder your ability to operate an automobile; and 3) that your ability to run an automobile was impaired. In their effort to prove their case and convict you of driving under the impact the authorities will use many pieces of proof which you ought to seek to challenge.

Typically authorities reports show failure to maintain lane, malfunctioning lights and in some cases random callers as likely cause for stopping you. If you have buddies driving with you in another car who can affirm you were not swerving or a mechanic who will testify that you lights remained in appropriate working order you can challenge the officers declarations. Always ask for the 911 tape if the police claim they received a call about your driving from another driver. Your performance of the field sobriety tests (FST) is subjective and may be open for difficulty, particularly if you had an unimpaired witness in the car. The officer might not have significant experience in administering field sobriety tests Great post to read or effectively recording your performance in his reports. The Alcotest device needs really specific protocols for operation as set forth in State v. Chun, 194 N.J. 54 (2008) and police occasionally stop working to follow the procedures. They are required to observe you for 20 minutes prior to administering the test and examine your mouth for foreign items such as gum or candy to guarantee there is absolutely nothing trapping alcohol in your mouth which can affect the test. All radios and cellphones are to be gotten rid of from the testing area as they can affect the device.

The Alcotest machine need to be checked and serviced on proposed and routine intervals and the options utilized in its operation go through the exact same requirements. Finally, in a drug DUI, a Drug Acknowledgment Specialist (DRE) will assess you. The DRE will make a report including your important signs, eye motions and reaction to light, muscle tone, ability to assess the death of time and other indicia of impairment but the test is non-scientific and lots of courts will not consider the report since the possibility of error is so excellent. The DRE will also take a urine sample however if a drug can remain in your system for days or weeks, its presence in your urine does not prove you were driving under the influence when stopped.