Can I Challenge a DWI in New Jersey?

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Driving while intoxicated is a serious crime. As a result, the penalties for a DWI are severe and can have long-lasting impacts. If you are facing a DWI charge in New Jersey, you should retain the help of an experienced criminal defense attorney. Read on to learn more about challenging a DWI in New Jersey.

Challenging a DWI

It is important to know that there are some cases in which you may be able to challenge a DWI. In order to do so, you will need the help of a skilled attorney. Some of the potential defenses of a DWI include illegal stops, breaking the 20-minute rule, and field sobriety tests.

Illegal Stops

Officers are required to have a valid reason for pulling over a driver. If there was not a valid reason, evidence from the stop may be thrown out in court.

20-Minute Rule

Officers must conduct an assessment of the driver’s condition. This assessment must be at least 20 minutes. If the officer did not wait the required 20 minutes, it is possible for charges to be dismissed.

Field Sobriety Tests

People who are stopped on the road due to suspicion of a DWI may be asked by law enforcement to conduct a series of field sobriety tests. These are designed to test a driver’s motor skills and balance to see if they may be intoxicated. If a driver shows signs, the officer may have a reason to believe that they are under the influence. The three field sobriety tests are the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Each test has its own specific guidelines. The officer administering it is required to give instructions, demonstrate how it must be completed, and establish that the subject understands the directions.

Some defenses for a failed Field Sobriety Test are:

  • The officer did not read all of the instructions
  • The officer did not demonstrate the test
  • The officer did not inform the individual they are permitted to remove high heels
  • The individual has health issues that make passing the test impossible

If you are facing DWI charges in New Jersey, contact our firm today to speak with a knowledgeable criminal defense attorney. We are here to explore all possible avenues of defense.

Contact our Firm

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.

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