New Jersey DWI Defense Attorneys
Common Police Mistakes Made During a New Jersey DWI
Because there are so many elements of any New Jersey DUI conviction it is important for a defendant to explore each and every one of them in their defense. One of the most common reasons a DUI case gets thrown out of court by a judge is because of police error in making an arrest or DWI related stop. It is the burden of the state, in every NJ DWI trial, to prove beyond a reasonable doubt that the driver was operating their vehicle while intoxicated. Police mistakes often mean that the state cannot make their case.
One of the most common mistakes police make during DWI cases is when stopping a driver. Police must stop a driver for a traffic violation and must inform the driver of why they are being stopped in the first place. Many times a police officer will stop a driver for weaving even though the driver did not weave outside of the traffic lines or the driver was weaving because of some external or sudden factor unknown to the officer.
Police officers will often mistake an odor of alcohol for consumption and immediately make assumptions based on their own preconceptions of guilt, which are often not in favor of the driver. Police will often not ask questions about a person's medical history or ask why they appeared to be driving erratically and instead assume that the person is just drunk.
Another common problem in New Jersey DWI cases is when police officers fail to properly administer a field sobriety test. If conditions are not met that ensure a test is given properly, including age and physical condition of the driver, weather conditions, and traffic, a test may not be given at all. If an officer fails to include some aspect of the test or includes elements that are not commonly administered the test results can be thrown out and the driver can be found not guilty.
Other police mistakes include not reading the suspect their rights, not informing the suspect of why they are being detained, not properly giving a blood test at a hospital when asked, and being overly aggressive during a NJ DUI stop among many other reasons. Police officers often also mislead drivers about their rights and about what they should do in certain situations. While officers should always be treated courteously, drivers should always be aware that they have many rights protecting them.
If you or someone you love has been stopped, charged, or even convicted of a DWI your best course of action is to hire an experienced New Jersey DUI attorney. Our office has years of experience dealing with New Jersey police officers and common mistakes they make during DUI stops.
The offices of Lependorf & Silverstein offer free consultations on any potential DUI case. We have an office in Princeton and can handle cases throughout the state, including Newark, Jersey City, Trenton, New Brunswick, Edison and Elizabeth. We look forward to aggressively and professionally representing you in your DUI case. Contact us today with any and all of your questions.
If you or a loved one has been accused or arrested for a DWI in New Jersey, contact Lependorf & Silverstein today for a free consultation.