This post is the second of a two-part article. The first part of this article, focused on the seriousness of DWI charges in NJ, was posted on this blog page earlier this week.
It’s unlikely that you went out of your way to drink and drive. You probably had a few, were enjoying a good time with friends and, when it was time to go, you really thought you were OK to drive. Unfortunately, even buzzed driving is drunk driving when your BAC (blood alcohol content) measures .08 percent or higher in a breathalyzer test.
So, you get pulled over and the officer suspects you of driving drunk. He or she asks you to get out of the car and perform some field sobriety tests. They request you blow into the Alcotest machine to determine your BAC. You want to say “no” to the breath test but you have no choice; you can face additional charges if you don’t submit to the test.
You may, at this point, think you’re done for; traffic court hear you come. While you may get slapped with DWI/DUI charges, a conviction is far from in the bag. With a savvy, experienced DWI defense lawyer there is hope.
John W. Tumelty has three offices in South Jersey and has been defending clients charged with driving under the influence of alcohol and drugs for over 30 years. He has a number of possible defense strategies he can use on your behalf. Since evidence is the key to conviction or acquittal of DWI/DUI charges in New Jersey, rest assured Mr. Tumelty will scrutinize the following on your behalf:
- Beginning at the beginning: This entire this started when the cop pulled you over. There are myriad mistakes that could have been made. The first thing Mr. Tumelty will review is whether or not there was probable cause for the initial car stop. Many people think once they are pulled over, their fate is in the cop’s hands. It’s important for you to realize that you have every right to challenge the officer’s decision to pull you over. Mr. Tumelty will investigate and determine whether or not there is reason to suspect the validity of the stop in the first place.
- Challenge the Evidence: Again, police officers make mistakes. The field sobriety tests may have been ordered incorrectly. You may not have been read your rights. The Alcotest may not have been calibrated properly. There are many pieces of evidence prosecutors use to convict suspected DWI/DUI defendants. You have a right to challenge each and every one of them. Mr. Tumelty will work tirelessly to determine if there is a reason to suppress evidence in your case.
- Experts: Without an outside consultant who has reviewed the evidence in your case, it’s the prosecutor vs. your attorney arguing their own interpretation of facts on the table. Mr. Tumelty often engages experts who will review the details of the test results.
It’s not unusual for an expert to uncover inconsistencies in procedures and especially in how field sobriety tests were conducted. Once presented with a report that questions evidence, prosecutors are more likely to downgrade or even dismiss DWI/DUI charges.
John W. Tumelty is a former prosecutor and long-time criminal defense lawyer in Atlantic and Cape May counties in South Jersey. He fights aggressively for his clients and will leave no stone unturned as he mounts a defense against your DWI/DUI charges. Contact him today for a free consultation about your charges.