DWI, DUI, Breathalyzer Refusal
Driving while intoxicated (DWI) and driving under the influence (DUI) matters involve the police accusing a driver of operating a motor vehicle while under the influence of or impaired by alcohol and/or drugs. These are serious matters which deserve a knowledgeable and experienced defense lawyer to analyze the facts and evaluate the evidence in order to present a persuasive defense.
In New Jersey, when the police arrest a driver at the scene for driving while impaired, the driver is typically taken to the police station for chemical breath testing. The breathalyzer machine currently used in New Jersey is called the Alcotest 7110. At the station, the police may also accuse the driver of refusing to take the breathalyzer if they believe that the driver did not properly complete the test. These DWI, DUI, and Refusal charges are entered onto a traffic ticket form or motor vehicle summons by a police officer and then filed with the local Municipal Court. The potential penalties and consequences associated with a conviction for drunk driving and/or refusal include jail, immigration problems, driver's license suspension, ignition interlock device requirement, large fines, community service, DMV surcharges, work-related problems, international travel restrictions, commercial driver's license (CDL) issues, and car insurance problems.
Mr. Bahadurian is a skilled DWI, DUI, and Breathalyzer Refusal defense attorney. He examines all of the police reports and 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. Also, in New Jersey, if a breathalyzer test is given to the driver, a properly trained and certified police officer must read a legal notice 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. Since there are numerous variables, including breathalyzer machine errors, human errors, weather conditions, physical injuries, psychological issues, medical problems and emergencies, there are many potential defenses. The prosecutor 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 weak or nonexistent, the defense may be successful.
In New Jersey, when the police arrest a driver at the scene for driving while impaired, the driver is typically taken to the police station for chemical breath testing. The breathalyzer machine currently used in New Jersey is called the Alcotest 7110. At the station, the police may also accuse the driver of refusing to take the breathalyzer if they believe that the driver did not properly complete the test. These DWI, DUI, and Refusal charges are entered onto a traffic ticket form or motor vehicle summons by a police officer and then filed with the local Municipal Court. The potential penalties and consequences associated with a conviction for drunk driving and/or refusal include jail, immigration problems, driver's license suspension, ignition interlock device requirement, large fines, community service, DMV surcharges, work-related problems, international travel restrictions, commercial driver's license (CDL) issues, and car insurance problems.
Mr. Bahadurian is a skilled DWI, DUI, and Breathalyzer Refusal defense attorney. He examines all of the police reports and 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. Also, in New Jersey, if a breathalyzer test is given to the driver, a properly trained and certified police officer must read a legal notice 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. Since there are numerous variables, including breathalyzer machine errors, human errors, weather conditions, physical injuries, psychological issues, medical problems and emergencies, there are many potential defenses. The prosecutor 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 weak or nonexistent, the defense may be successful.
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