Challenging DWI Evidence

Bergen County DWI Defense Attorney

NJ Attorney Experienced in Challenging DWIs

If you are charged with a DWI, you are facing serious consequences. With the help of an experienced DWI attorney, you have the best chance at fighting a conviction. It is crucial that if you are charged with a DWI in New Jersey, you contact a skilled DWI defense attorney who has the knowledge and experience to effectively represent your needs. Contact Rem Law Group to schedule a consultation. When the situation is serious, it is necessary to have a strong legal team on your side.

Illegal stops

One of the biggest issues that people face when pulled over by law enforcement is a lack of knowledge about their rights. This can sometimes land them in more trouble. The U.S. and New Jersey Constitutions protect citizens from illegal police stops. A police officer must have a valid reason to pull you over. If a police officer conducts an illegal stop, any evidence gleaned from that stop may be inadmissible in court. If your constitutional rights were violated in any way, our team of experienced defense attorneys is here to protect your rights.

20-Minute Rule

Under New Jersey state law, the law enforcement officer must observe the individual for no less than 20 minutes before they can conduct a chemical breath test. During that observation, they must look for signs of regurgitation, including belching and vomiting, because of the need to have the most accurate assessment of one’s blood alcohol content. Deviation from the 20-minute rule could be a defense, possibly blocking the results of the breath test in the case.

Field Sobriety Tests

When a person is pulled over on suspicion of driving while intoxicated, the law enforcement officer may conduct a series of Field Sobriety Tests. These tests are designed to test the motor skills and balance of an individual who may be intoxicated. If the individual taking the test shows enough “clues” pointing to their intoxication, the officer may have reason to believe that they are intoxicated. There are three Field Sobriety Tests: the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One Leg Stand test. There are specific guidelines as to how these tests are to be administered. The officer must read the person the instructions and demonstrate how each test is supposed to be completed. The officer must establish that the subject understands the directions.

Some of the defenses for a failed Field Sobriety Test are as follows:

  • 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

Contact a Bergen County DWI Defense Attorney

If you are pulled over and charged with a New Jersey DWI, it is essential that you retain the services of an experienced DWI defense attorney who has the necessary skill to prove your case. The attorneys at Rem Law Group have decades of experience defending clients who have been charged with a DWI. We are prepared to challenge your charges and explore all possible defenses. Contact Rem Law Group today for a consultation.