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What Are Some Possible Defenses To Drunk Driving

What Are Some Possible Defenses To Drunk Driving

For most New Jersey residents, being charged with a driving under the influence is a scary and unfortunate scenario. If someone is convicted of a DUI, there are many potential penalties that can ensure. These penalties range in severity. Some of the more severe penalties include serious prison time and high fines, along with slightly less tangible penalties including the damage done to a person’s reputation. This damage can prevent a person from obtaining employment. Because of these penalties, it is vital that a person facing a DUI charges mounts a strong and vigorous legal defense.

There are a number of defenses that a person charged with a DUI can mount. Because DUI charges are so serious, it is necessary for prosecutors to present an airtight case. By poking holes in their case, it is possible to devise an effective defense. One such way of doing so is by arguing that an improper stop was made. Officers must have reasonable suspicion before pulling a motorist over. By proving that the officer lacked reasonable suspicion to pull a person over, charges may be dropped. In addition, in order to make a valid arrest, there must be probable cause.

Prosecutors will often build a case based on the results of breath tests. These results of these tests can be inaccurate, and the defense sometimes chooses to challenge these results. In addition to challenging the results themselves, the defense can also scrutinize the way in which the test was administered. If the officer administering the test was improperly trained, or the breath test instrument was improperly calibrated, the results of the tests may be found inadmissible.

Challenging the observations of police is a common defense to drunk driving. However, there are many other less common defenses, such as presenting the case that the accused person was not actually driving at the time. To fully explore the many defense options, it is often necessary to consult with a legal professional who has experience in DUI laws.

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James M. Porfido

Attorney At Law, LLC

t: 973.683.1140

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