There are a number of ways to exclude a defendant/motorist breath test results from coming in as evidence or proof of intoxication at time of trial on a DWI Case. As such, for this particular post I will discuss the practice of using a Rule 104 hearing in suppressing a defendant’s breath test results from coming in at time of a DWI trial where the prosecution is seeking to establish a per se violation of N.J.S.A. 39:4-50.
Rule 104 permits a defendant to challenge the admissibility of breath test results. For example, if the prosecutor is seeking to introduce a breath test result of .14% BAC to establish a defendant’s respective impairment level then your defense strategy can be to exclude said result based on issues, such as 20 minute observation/deprivation period, etc.
According to the New Jersey Supreme Court, a Rule 104 hearings are intended to determine admissibility of evidence prior to trial. See, Lanzet v. Greenberg, 126 N.J. 168, 186, 594 A.2d 1309 (1991).
If you are seeking to exclude or suppress your BAC results contact DWI attorney Dan T. Matrafajlo, Esq for a free office consultation.