Defending a DUI Charge in New Jersey-Searches and Warnings

2. Defending a DUI Charge in New Jersey

If you have been arrested and charged with drunk driving in New Jersey, and the blood alcohol tests confirm that you exceeded the legal level when pulled over, you may still be able to successfully defend the charges. Police are required to follow a very specific set of procedures when stopping you, and often make mistakes that can warrant the dismissal of the case against you. One of the most common involves failing to meet Constitutional requirements.

Under the 4th Amendment to the U.S. Constitution, all citizens have the right to be free from unreasonable search and seizure. To be reasonable, there must be what is known as the probable cause the officer making the traffic stop must either observe a traffic violation or have reasonable cause to believe that you are violating or have violated the law. In addition, if you are taken into custody, you must be advised of your “Miranda” warnings – that you have the right to remain silent, that you have the right to an attorney, that you have the right to have an attorney appointed for you if cannot afford one. If the police don’t put you on notice of your Miranda warnings, anything you subsequently say may be excluded from evidence at trial.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Defending a DUI Charge in New Jersey – Blood Tests

DUI Charge in New Jersey-Blood Tests

When you’ve been arrested and charged with drinking and driving in New Jersey, you may want to simply be done with the legal process. To that end, you may ask your lawyer if a plea bargain can be reached. The answer—no! New Jersey does not allow plea bargaining in DUI cases. For that reason, the best ways to minimize the consequences of an arrest for drunk driving are twofold: either get the charges dismissed on a technicality, or successfully exclude evidence, such as blood tests, so that you can reduce the charges.

Challenging Blood Tests

One of the most effective and fundamental ways to defend a DUI charge is to bring the reliability of blood tests into question. There are a number of ways to do this. Some of the questions that might be asked to raise legitimate concerns about the reliability of the tests include:

  • Who performed the blood test? Was it a licensed doctor or registered nurse? If not, you may have cause for challenge. Or, if you don’t know who took the test and can’t produce that person to testify at trial, the case may be dismissed
  • Did the person drawing the blood use an iodine swab to clean the skin? Iodine swabs have been show to alter the readings on a blood alcohol test.
  • When was the blood alcohol test machine last serviced? Is there evidence that the machine gave inconsistent readings or false positives in the past?
  • Is there any leftover blood for an independent test? If not (if the state discarded the blood), you may be able to argue that, because you can’t do an independent test, the charges should be dismissed.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates