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DWI Archives

Did you fail a breathalyzer? The results may not be accurate

A cop recently pulled you over on suspicion of drunk driving. You took a breathalyzer-and you failed. Now, you face criminal charges for DUI or DWI. You probably feel fear-stricken by the consequences that a conviction could have on your future. Fortunately, your case is not over yet: breathalyzer tests are not always accurate, and you still have a chance to avoid a conviction.

WOMAN SUES STATE AFTER BEING ARRESTED FOR REFUSING TO ANSWER QUESTIONS

In 2015, two New Jersey state troopers arrested Rebecca Musarra for refusing to answer their questions during a traffic stop. Apparently, upon being stopped for allegedly speeding, Musarra provided the officers with her license, registration, and insurance information, but then proceeded to remain completely silent as the troopers questioned her. The two troopers, Matthew Stazzone and Demetric Gosa, grew increasingly frustrated with Musarra’s silence, and Trooper Stazzone then told Musarra that she was “going to be placed under arrest if you don’t answer my questions.”

DRUNK DRIVER ARRESTED, WOMAN WHO CAME TO RELEASE HIM ALSO DRUNK

On Monday, July 10th, Patrolman Daniel Salvati was dispatched to investigate a report that a drunk driver had parked his car on Mead Avenue in Riverdale, NJ. Upon arriving to the scene, Salvati found the car empty, but spotted a clear container inside the car which later was discovered to contain alcohol. While on the scene, driver Stefano Mari, 41, of Mendham, returned to his parked car, reportedly smelling of alcohol and stumbling and dragging his feet.

SUING A DRUNK DRIVER FOR ACCIDENT INJURIES

According to New Jersey law, an individual is considered to be driving under the influence when they are found to have a blood alcohol concentration above .08%. DUI/DWI charges are not criminal charges, rather traffic violations. However, in the case that a drunk driver causes injury to another driver or pedestrian, the drunk driver may face criminal charges, and the injured party may be able to file a civil lawsuit against the drunk driver in order to recover compensation for their medical expenses, lost income, and potentially even their pain and suffering.

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. 

CHEMICAL BLOOD TESTS IN DUI CASES

The US Supreme Court ruled in June of last year in the controversial Birchfield v North Dakota case. This case has very important implications on what police are allowed to do in the case of a DUI/DWI arrest. Specifically what kinds of tests the police are allowed to conduct on intoxicated drivers.

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