Defenses to a New Jersey Drunk Driving Charge
Just because you suffered a New Jersey drunk driving arrest does not mean you have to suffer a New Jersey drunk driving conviction. A strong DUI attorney who knows the defenses that work can help you get the charges dismissed.
Below is a brief description of the top 3 defenses to drunk driving charges:
- Sober people can be guilty of bad driving too.
One of the main things a prosecutor generally focuses on during a New Jersey DUI case is your driving pattern. It is common for prosecutors to request the arresting officer to testify that you were driving in a manner that is consistent with a drunk person. An experienced attorney can and should rebut this evidence by getting the officer to testify about how you were driving safely and properly and that driving pattern is not a reliable predicator of drunk driving.
2. Objective symptoms are subjective.
Your physical appearance and mannerism can play a big role in your DUI arrest. Undoubtedly, the prosecutor will have the arresting officer testify that you met the objective signs and symptoms of intoxication: red eyes, slurred speech, a flushed face, unsteady gait and/or had a strong odor of alcohol on your breath. A good drunk driving attorney can defend these by addressing the “innocent” explanations that could result to these symptoms, such as being sick, having a medical condition or being fatigued.
3. The inaccuracy of field sobriety tests.
Despite common belief, the positive results of most field sobriety tests can easily be refuted by good lawyering. For example, your lawyer can show that your balance and coordination during the test was affected by your nerves, your natural physical coordination, or simply by being fatigued at such a late hour during the night.
The bottom line is that if you or a loved one has been arrested for drunk driving, it is important that you hire an attorney who has the experience and knowledge to put together a strong defense to help dismiss the charges.
Call Us
For more information or to schedule a free consultation with New Jersey DWI attorney Dan Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.