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Technicalities Lead To Dui Charge Dismissal For New Jersey Driver

Technicalities Lead To Dui Charge Dismissal For New Jersey Driver

Drivers stopped and accused of drinking and driving in New Jersey could possibly face serious charges. In most cases, this means losing a driver’s license, paying a fine and sometimes even spending some time in jail or completing community service hours. Moreover, if a driver has previous traffic violations or crimes on their record, they could face more serious penalties. But whether a driver has a clean record or not, drivers should understand their option and how to dismiss or reduce a DUI charge.

A recent DUI case highlights the importance of making a defense against a drunk driving charge. A technicality could help the driver receive lesser charges or even dismiss the case altogether. According to recent reports, a New Jersey driver involved in a wrong-way crash that killed two could have had his license immediately revoked for two if the first of his two DUIs had not been dismissed.

The 27-year-old man was previously charged with a DUI in 2001 when he supposedly drove through the wall of a supermarket. His second charge occurred in 2013 when he apparently struck a parked car. While he was found guilty in the 2013 crash, the DUI charge in 2011 was dismissed after it was determined that evidence was not provided to both the driver and his attorney.

Because plea bargains are strictly prohibited in the state of New Jersey, defense strategies seek to either have the case dismissed or have certain evidence excluded so that the charged are reduced. In the 2011 case, the charges were dropped because prosecution did not provide all of the evidence for the operating procedures of the blood analysis machine used by the State Police and 12 months worth of service reports of the machines.

But failure to turn over evidence is not the only way to get evidence excluded. Other problem areas include deficiencies with blood readings, warrants, breath tests, dashcams, officer observation and other evidence related to the allegations.

Those facing a DUI should understand that they have legal rights afforded to them. Constructing a defense strategy against the charges could help the defendant reduce the charges and penalties against them. Moreover, it could result in dismissed charges.

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James M. Porfido

Attorney At Law, LLC

t: 973.683.1140

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