Obtaining a DUI reduction to a lesser offense in New Jersey can be challenging. Prosecutors are often unwilling to negotiate, as the state considers drunk driving a significant offense. That does not, however, imply that it is impossible to have a New Jersey DUI reduced.
Suppose you have gotten in touch with the law office of Matthew V. Portella. In that case, you will have the steadfast backing of a New Jersey DUI Defense Attorney who can fight your case and get the accusation against you dropped entirely or lessened.
Methods to beat DUI in NJ
1.Lack of reasonable suspicion/probable cause
Police need “reasonable suspicion” to initiate a traffic stop, often based on behavior like erratic driving. They must establish “probable cause” through evidence like slurred speech or sobriety tests to make a DUI arrest.
The charge can be successfully contested if they fail to demonstrate valid reasons for the stop and the arrest.
2. Miranda rights violation
In New Jersey, police must read Miranda rights to suspects in a way they understand. Failure to do so only invalidates statements made in custody, not other evidence like breathalyzer results, which can still be used in legal proceedings.
3. Lack of speedy trial
In New Jersey, there’s a 60-day requirement for resolving DUI cases. Any illegal delays caused by the prosecutor could lead to the dismissal of the case.
4. Challenging breath test results
According to a New York Times report, breath testing machines used in New Jersey and other states may yield inaccurate results. Legal challenges can involve proving inaccuracies, officer training, or lack of testimony.
5. Challenging blood/urine test results
In DUI cases, police require a warrant for blood or urine samples. If obtained without a warrant through deception, the evidence can be invalidated. Proper procedures must also be followed during extraction and storage, or the samples may be excluded.
6. Challenging officer observations
Attorneys can expose police errors or faulty recollections during cross-examination. Dashcam footage may contradict officer testimony. Factors like allergies or medical conditions can challenge evidence indicating intoxication.
7. Challenging field sobriety tests
Field sobriety tests often confirm officers’ suspicions rather than disprove them. These tests can be biased against individuals with specific health issues or affected by environmental factors, making the results unreliable for determining sobriety.
8. Challenging drug recognition expert evidence
The reliability of drug recognition experts (DREs) is debated, with the New Jersey Supreme Court reviewing their admissibility. A lawyer can challenge DRE evidence, especially if the testing process isn’t followed precisely.
Driving while impaired by alcohol (DWI) in New York State can lead to various penalties, including driver’s license suspension, fine, and potential incarceration.