Defenses to DWI Charges in Union Township New Jersey

Union Township DWI Lawyer

The legal process used in DWI cases in New Jersey is lengthy and complicated, and it can be an extremely trying ordeal for defendants. With New Jersey's strict drunk driving laws and harsh penalties, the deck can seem like it's stacked against you from the start. While it's always difficult to "beat" a DWI charge, however, Anthony N. Palumbo an experienced Union Township DWI defense lawyer can help tilt the scales in your favor. Below we explain six different DWI defenses that a New Jersey DWI attorney might be able to use in your case. If you are charged with drunk driving call 1-866-664-8118 for a free consultation today.

Six defenses to DWI charges in Union Township, NJ

1. Rebutting proof of intoxication. The prosecution can use various types of evidence to prove intoxication, including observational evidence, field sobriety tests, and breathalyzers. Defendants, however, can use other evidence to rebut such proof; they may be able to show, for example, that their slurred speech was caused by a medical condition rather than by inebriation.

2. Rebutting proof of "operation." To be guilty of driving while intoxicated, the prosecution has to prove both that the defendant was intoxicated and that the defendant was driving, or "operating" a vehicle. If a driver is arrested for a DWI after getting into their car but before driving it anywhere, they may be able to argue that they had no intent of actually operating the vehicle under the influence.

3. Challenging an unconstitutional traffic stop. Traffic stops can be considered unreasonable searches under the Fourth Amendment if the police officer didn't have sufficient grounds to question, stop, or detain the driver. If the defense can persuade the court that the driver was stopped without reasonable suspicion or probable cause, then all of the evidence obtained after the stop will be inadmissible as "fruits of the poisonous tree."

4. Improper Miranda warnings. Whenever a driver is arrested for a DUI or DWI, the police are required to inform the driver of their Miranda rights. If they fail to do so, the case won't be thrown out but the prosecution also won't be able to use any statements that the driver made as evidence. Police officers are also required to inform drivers of the consequences of refusing to provide a breathalyzer sample, and if they fail to provide this warning, any DWI refusal charges will be dismissed.

5. Challenging the admission of breathalyzer results. Breathalyzer results can be excluded at trial if the prosecution fails to submit required authentication documents or if the defense can show that the required procedures for taking breath samples weren't followed.

6. Attacking prior DWI convictions. Because the penalties for second and third-time DWI convictions are more severe than those for first-time offenders, attacking prior DWIs and out-of-state DWIs can prevent a driver's charges from being upgraded. Prior DWIs will be found inapplicable if they occurred more than 10 years earlier and they may also be excluded if the driver was represented by incompetent legal counsel during the earlier proceedings of if they had no legal representation at all.

Union Township DWI Defense Attorney

The best way to fight for your innocence and protect your driving privileges is to hire a Union Township DWI defense lawyer as soon as possible. An attentive and knowledgeable DWI attorney will go over your case to find the strongest available legal defenses and will formulate trial strategies to make sure that your case is presented in the most favorable light possible. If you need an attorney to represent you against Union DWI charges, call Anthony N. Palumbo from the Law Offices of Palumbo, Renaud & Deappolonio at 1-866-664-8118 to learn what he can do to successfully defend your drunk driving charges.