Are there any defenses to a New Jersey DWI charge?
Yes. A DWI charge is not tantamount to a conviction even in cases where the police claim a high BAC reading. At the outset, it is important to remember the old adage: “innocent until proven guilty.” The State (i.e., the Prosecutor through their witnesses) has a constitutional burden to prove guilt beyond a reasonable doubt. Since New Jersey Law provides that a .08% blood alcohol reading alone is sufficient to sustain a conviction, any defense where such a reading is alleged usually will focus on the reliability and validity of the reading(s) (i.e., was the breath machine operated properly, and was the machine operating properly). If the machine was either not operating properly, or was not operated properly by a qualified technician, the test results can be excluded from evidence. Because my practice is concentrated on DWI Defense (I do not handle wills, personal injury cases, real estate, murder cases, etc.
Yes. A DWI charge is not tantamount to a conviction even in cases where the police claim a high BAC reading. At the outset, it is important to remember the old adage: “innocent until proven guilty.” The State (i.e., the Prosecutor through their witnesses) has a constitutional burden to prove guilt beyond a reasonable doubt. Since New Jersey Law provides that a .08% blood alcohol reading alone is sufficient to sustain a conviction, any defense where such a reading is alleged usually will focus on the reliability and validity of the reading(s) (i.e., was the breath machine operated properly, and was the machine operating properly). If the machine was either not operating properly, or was not operated properly by a qualified technician, the test results can be excluded from evidence. Because my practice is concentrated on DWI Defense (I do not handle wills, personal injury cases, real estate, murder cases, etc.), I probably take more DWI cases to trial in one year than most lawyers in New
