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An Allegedly High Bac Level Often Warrants Additional Scrutiny

An Allegedly High Bac Level Often Warrants Additional Scrutiny

Any Morristown resident who survives a serious car crash will feel lucky to be alive. The sense of joy and relief will naturally increase many times over if a child passenger also survives such an incident. Yet a driver who walks away from a crash only to face a drunk driving charge still has a long and difficult road ahead.

Morristown Medical Center recently admitted a mother and her 8-year-old son who were rescued from the scene of an accident. The mother had apparently lost control of the car which then knocked down a number of utility poles, flipped and slammed into a tree, pitched at an angle. Their seatbelts held them in their seats, where they were found hanging upside down. The mother had to be freed using the “Jaws of Life.”

Both the mother and son have since been released from the hospital, although the mother has been charged with DUI as well as endangering the welfare of a child. Police are telling the media that her blood alcohol content level was nearly quadruple the legal limit — a very serious allegation, considering such a BAC level would typically cause unconsciousness and can even lead to death in some individuals, according to one non-profit organization.

When drunk driving charges involve accusations of conspicuously high BAC levels, a defendant’s test must be given extra scrutiny. Devices used by police to test for blood alcohol content are not always reliable in and of themselves, and tests may be improperly administered if personnel are not adequately trained or just make simple, human mistakes. It is crucial that defendants not be left struggling with a lifetime of legal consequences because they were convicted based on flawed evidence.

Police and prosecutors like to tout their actions to the newspapers and television stations and throw the book at defendants as a way to make themselves look “tough on crime,” but defendants face serious penalties in these cases. A legal professional can help force prosecutors to prove their case in court and ensure that questionable evidence is thoroughly examined and, if flawed or faulty, thrown out entirely.

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James M. Porfido

Attorney At Law, LLC

t: 973.683.1140

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