DUI Lawyer
Vache Edward Bahadurian, Esq. is a skilled DUI defense attorney. DUI (driving under the influence) matters involve the police accusing an individual of operating a motor vehicle while impaired by alcohol and/or drugs, which is also commonly known as DWI (driving while intoxicated). In New Jersey, the terms are used interchangeably. When the police arrest an individual at the scene for operating a vehicle while impaired, the person is typically taken to the police station for chemical breath testing. The breathalyzer machine currently used throughout the State of New Jersey is called the Alcotest 7110. At the station, the police may also accuse the driver of refusing to take the breath test if the police believe the individual refuses or did not properly complete the testing. The DUI and Breathalyzer Refusal offenses, namely N.J.S.A. 39:4-50 Operating Under the Influence of Liquor or Drugs, N.J.S.A. 39:4-50.4a Refusal to Submit to Chemical Test Penalties, and N.J.S.A. 39:4-50.2 Consent to Take Samples of Breath Record, are printed on traffic ticket summonses, which are issued by the police and filed with the local Municipal Court. There are 566 municipalities and 515 Municipal Courts throughout the State. These are very serious matters, which deserve a knowledgeable and tenacious defense lawyer to analyze the facts and evaluate the evidence in order to present a strong persuasive defense in court. The potential penalties and consequences associated with a conviction for DUI include jail, immigration problems, driver's license suspension, ignition interlock device requirement, large fines and surcharges, community service, work-related problems, international travel restrictions, commercial driver's license (CDL) issues, and car insurance problems.
Mr. Bahadurian carefully examines all of the police reports, videos, and police records for any mistakes, errors, and violations of rights in order to develop potential defenses. There are many items of evidence and proof that can be challenged by the defense in court. For example, the police must have a legitimate reason to stop and arrest the driver. The reliability of the field sobriety tests may be compromised due to incorrect instructions, adverse weather conditions, improper surface conditions, medical conditions (i.e. diabetes), physical injuries, age and body weight (i.e. individuals over 65 years old or individuals more than 50 pounds overweight), and individuals wearing improper footwear. If a breath test is given to the driver, a properly trained and certified police officer must read a statement to the driver, use a breathalyzer machine in good working order with up to date calibration records, and operate the machine according to the official procedure. There are many potential defenses because there are numerous variables, including breathalyzer machine errors, breath test operator mistakes, age and gender of the subject (i.e. woman over 60 years old may experience difficulty providing 1.5 liters of air for each breath test), medical problems (i.e. acid reflux or GERD), dental devices or piercings inside the mouth (i.e. foreign items inside mouth may trap alcohol and compromise reliability of test results), and psychological confusion issues. In the event a blood or urine is taken from the driver, certain constitutional rights and defenses may apply to challenge the search and seizure of evidence. The prosecution is required to prove each and every element of the law beyond a reasonable doubt. Therefore, if only one of the required elements of proof is insufficient, the defense may be successful.
Mr. Bahadurian carefully examines all of the police reports, videos, and police records for any mistakes, errors, and violations of rights in order to develop potential defenses. There are many items of evidence and proof that can be challenged by the defense in court. For example, the police must have a legitimate reason to stop and arrest the driver. The reliability of the field sobriety tests may be compromised due to incorrect instructions, adverse weather conditions, improper surface conditions, medical conditions (i.e. diabetes), physical injuries, age and body weight (i.e. individuals over 65 years old or individuals more than 50 pounds overweight), and individuals wearing improper footwear. If a breath test is given to the driver, a properly trained and certified police officer must read a statement to the driver, use a breathalyzer machine in good working order with up to date calibration records, and operate the machine according to the official procedure. There are many potential defenses because there are numerous variables, including breathalyzer machine errors, breath test operator mistakes, age and gender of the subject (i.e. woman over 60 years old may experience difficulty providing 1.5 liters of air for each breath test), medical problems (i.e. acid reflux or GERD), dental devices or piercings inside the mouth (i.e. foreign items inside mouth may trap alcohol and compromise reliability of test results), and psychological confusion issues. In the event a blood or urine is taken from the driver, certain constitutional rights and defenses may apply to challenge the search and seizure of evidence. The prosecution is required to prove each and every element of the law beyond a reasonable doubt. Therefore, if only one of the required elements of proof is insufficient, the defense may be successful.
Vache Edward Bahadurian, Esq.
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201-996-1161 |
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Copyright © 2023 Vache Edward Bahadurian, Esq. All Rights Reserved.
Copyright © 2023 Vache Edward Bahadurian, Esq. All Rights Reserved.