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How a DUI Lawyer Can Help Defend You in Court
A New Jersey DUI lawyer is trained to fight driving under the influence charges in court. You might think a conviction is inevitable, but with the right defense, your charges could be reduced or dismissed. The attorney will investigate your arrest and build a defense for you. While each client is different, most DUI charges are contested in one of three ways.
DUI lawyer legal strategies
After reviewing the evidence, a DUI lawyer develops a strategy to invalidate the prosecution’s evidence. The attorney might determine that the police officer did not have probable cause to initiate the stop. Also, the attorney could fight the validity of the breathalyzer or blood test. Then, the attorney submits evidence to back the claim.
Lack of probable cause
A DUI lawyer will investigate the traffic stop that led to the arrest. New Jersey law enforcement officers must have reasonable suspicion based on observable facts before initiating a traffic stop. Probable cause is also necessary before initiating a field sobriety test or searching a person or vehicle. If the officer did not have probable cause, the prosecution could not use any evidence collected at the scene. The attorney might collect traffic cam data and other evidence to show the officer did not have probable cause.
Invalid breathalyzer test
When officers have probable cause, they can conduct breathalyzer tests to check the blood alcohol content (BAC). While many believe that a test that registers 0.08% or higher makes it impossible to avoid charges, this is not always the case. Breathalyzers are far from infallible. These machines must be handled appropriately and calibrated to provide accurate results. Also, the software must be free of errors for the machine to work correctly. Attorneys investigate the machines, maintenance, and handling when formulating a case.
Invalid blood test
The attorney will also determine if the blood test results were inaccurate. Contaminated labs and mishandled samples can cause inaccurate results. Also, the lab might not use the right amount of sodium fluoride when testing the sample. This can impact the results.
Rising blood alcohol levels could also invalidate the blood test. Blood alcohol levels increase after people consume the last drink. Someone might have a BAC of .07 when pulled over, but if the blood test occurs an hour later, the BAC could go over the legal limit. However, the person is no longer operating a car.
Review your case with a DUI lawyer
If you have been charged with a DUI, you do not have to plead guilty or attempt to fight the charges alone. A DUI attorney might be able to build a defense that refutes the evidence against you. A solid defense strategy might allow you to avoid a conviction. If not, your attorney might be able to reduce the charges or help you get a plea bargain. Talk to your attorney to go over your options.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.
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