DEFENSES FOR A MORRIS COUNTY DRIVING UNDER THE INFLUENCE CHARGE

The penalties for a Driving Under the Influence (DUI) conviction are extremely serious in New Jersey, with even a first offense conviction resulting in license suspension, heavy fines, and possible jail time. The good news for anyone facing a DUI/DWI charge however, is that together with an experienced Morris County DUI/DWI attorney, there are a number of possible defenses which can help to reduce DUI conviction penalties, and potentially have the charges dismissed entirely. 

Failure To Follow Field Sobriety Test Protocol DUI Lawyer Morristown, NJ

Police officers are required to follow very specific protocols when administering a field sobriety test (FST). Failure to follow these field sobriety test protocols can taint any evidence gathered during the process. These protocols also outline how the officer should conduct themselves during the test, and disrespectful and overly intimidating behavior is not permitted. Additionally, FSTs are often not not enough to secure a DUI conviction against a driver.

An experienced Morristown DUI lawyer will review video-tape evidence of the arrest, and will be able to identify any inconsistencies between what transpired and the actual protocols for a field sobriety test.

Absence Of Probable Cause DUI Attorney Parsippany, NJ

Any time a law enforcement officer stops a vehicle or makes an arrest, they must have cause to do so. Without probably cause, a driving under the influence arrest and any evidence gathered at the time of the arrest becomes null and void. An experienced Parsippany DUI/DWI attorney will ensure the arresting officer had cause to make the arrest in the first place, and should this evidence be lacking, convince the judge that the stopping of your vehicle and subsequent arrest were unconstitutional and a violation of your 4th amendment search and seizure rights.

Medical Conditions Affecting a DUI Arrest Roxbury, NJ

Many Americans suffer from some type of medical condition, and many legally prescribed medications can interfere with breath test results, or create the impression of intoxication. Additionally, some neurological issues can result in slurred speech, and common ailments like an allergy or sinus infections can cause watery eyes. These are only a few examples, there are many more common ailments, medications, and conditions which would lead an officer to believe a driver had been drinking, or cause a breath test to be inaccurate.

If you suffer from any medical condition, allergies, or were taking any kind of medication during your DUI arrest, make certain that your Roxbury DUI attorney is aware of the situation, as they may be able to use this information when defending you from a DUI conviction.

Faulty Blood Alcohol Content Testing Equipment DUI Defense Lawyer Randolph, NJ

The equipment law enforcement officers use to test the blood alcohol content of drivers is notoriously inaccurate, and requires exact and regular calibration, maintenance, and application. One small error in any of these procedures can lead to an inaccurate BAC test result. An experienced Randolph DUI attorney will know exactly how to check the maintenance records of these devices, verify whether or not they were properly applied during the DUI arrest, and use any inconsistencies discovered to defend a client charged with driving under the influence.

Other Potential DUI Defenses Mendham, NJ

In addition to what we have already discussed, an experienced Mendham DUI defense attorney will also review information such as:

  • Witness Testimony
  • Failure of an officer to provide Miranda rights
  • Videotapes relating to the arrest which call into question the evidence presented against you
  • Testing and storage of blood evidence

Contact a Morris County DUI Defense Attorney Today

At The Law Office of Smith & Doran, we have successfully defended clients across Parsippany, Roxbury, Randolph, Mendham, Morristown, and the greater Morris County area from driving under the influence charges.

Penalties for a DUI conviction are severe, but between faulty testing equipment, inaccurate results, improperly followed procedures, and illegal arrests, many innocent drivers suffer consequences they do not deserve.

By thoroughly reviewing all arrest records and evidence, our firm is prepared to present the most effective possible defense for anyone charged with driving under the influence, and ensure their rights and future are well-protected.

To speak with our firm today in a free and confidential consultation regarding a DUI/DWI arrest and your options moving forward, please contact us online or through our Morristown office at 973-532-2661.

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The Law Offices of Smith & Doran, P.C.
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
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