How Can I Challenge Evidence in a DWI Case?

A DWI conviction in New Jersey has serious consequences. The penalties imposed on those convicted can impact a person’s work and personal responsibilities. That is why it is important for individuals who are facing these charges to retain the services of an experienced New Jersey DWI defense attorney. An experienced DWI attorney can review the details of your case to analyze how to challenge the state’s evidence. Continue reading below to learn more about how this can be done.

Illegal Stops

All drivers should be aware of their rights when they are stopped by a police officer on the road. A person’s lack of awareness can sometimes cause them more trouble. If a driver is pulled over for a suspected DWI, it is important to be aware that both the United States and New Jersey Constitutions protect them from illegal police stops. Officers are required to have a valid reason to stop a car on the road, otherwise, it is considered an illegal stop and any evidence that is gathered from it can be inadmissible in court. 

20-Minute Rule

The law in New Jersey requires all law enforcement officers to observe a driver for at least 20 minutes before they can conduct a chemical breath test for a suspected DWI. During this observation, they are looking to see if the individual regurgitates, belches, or vomits. Any deviation from this rule could be used as a defense in court to block the results of the breath test from being used against the driver. 

Field Sobriety Tests

When a driver is pulled over for a suspected DWI, they may be asked to take part in a series of field sobriety tests conducted by the law enforcement officer. These tests are designed to evaluate a driver’s motor skills and balance to see if they are intoxicated. The three standard field sobriety tests conducted in New Jersey include the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Each test has its own guidelines how it must be administered. The officer is required to give instructions, demonstrate the test, and establish that the driver understands the directions.

Some of the 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 shoes with heels
  • The individual has health issues that make passing the test impossible
  • The tests are conducted on a wet or slippery surface.
  • The tests are conducted on an uneven surface.

Contact our Firm

If you or someone you know was charged with a DWI and wishes to speak with an experienced DWI attorney, contact REM Katcher Law Group P.C. today.