Reduced Your Chances of Remaining Behind Bars

You must constantly attempt to challenge a driving under the impact (DUI) charge. In New Jersey DUI is covered by N.J.S.A. 39:4 -50. The statute requires the state to prove 1) you ran a motor vehicle; 2) that you were under the impact of alcohol, a controlled unsafe substance (CDS) such as heroin or methamphetamines, and even your own prescription for Oxycodone, Percocet, Xanax or other medications which could impair your capability to operate an automobile; and 3) that your capability to operate a motor vehicle was impaired. In their effort to prove their case and convict you of driving under the influence the cops will use numerous pieces of evidence which you need to look for to challenge.

Frequently cops reports show failure to preserve lane, malfunctioning lights and in some cases random callers as probable cause for stopping you. If you have good friends driving with you in another automobile who can testify you Helpful hints were not swerving or a mechanic who will affirm that you lights were in correct working order you can challenge the officers declarations. Constantly ask for the 911 tape if the cops claim they got a call about your driving from another driver. Your performance of the field sobriety tests (FST) is subjective and might be open for challenge, especially if you had an unimpaired witness in the lorry. The officer may not have considerable experience in administering field sobriety tests or properly documenting your performance in his reports. The Alcotest maker needs very specific protocols for operation as stated in State v. Chun, 194 N.J. 54 (2008) and police occasionally fail to follow the treatments. They are required to observe you for 20 minutes prior to administering the test and check your mouth for foreign objects such as gum or candy to guarantee there is absolutely nothing trapping alcohol in your mouth which can affect the test. All radios and cellular phones are to be gotten rid of from the testing area as they can impact the device.

The Alcotest device need to be evaluated and serviced on proposed and routine periods and the options used in its operation undergo the same requirements. Lastly, in a drug DUI, a Drug Recognition Professional (DRE) will examine you. The DRE will make a report including your vital signs, eye motions and reaction to light, muscle tone, ability to assess the passing of time and other indicia of problems but the test is non-scientific and many courts will not consider the report because the possibility of mistake is so great. The DRE will also take a urine sample however if a drug can stay in your system for days or weeks, its presence in your urine does not prove you were driving under the influence when stopped.