Proven Legal Expertise for DWI and DUI Law Matters

You are not guilty just because you were the subject of a DWI traffic stop and blew a hot breathalyzer.  You may think that the field sobriety test, the arresting officer’s actions on the scene, and the breathalyzer reading spell disaster.  

 

Defending Your Case

You may think you have no defense.  

There are three (3) reasons you’d be wrong.

First, we all make mistakes.  That includes the police.  You might be surprised how often your rights are violated in a standard DWI traffic stop.  In 2018 over 20,000 breathalyzers were thrown out in New Jersey because machines were improperly calibrated.  Police error is even more prevalent. 

It is not easy to get a 39:4-50 offense dismissed.  But the Draeger Alcotest 7110 is not infallible and police must first demonstrate a valid basis for the stop to introduce this evidence.  The police officer must have a “reasonable suspicion that the driver has committed a motor vehicle violation.” State v. Locurto, 157 N.J. 463, 470–71, 724 A.2d 234 (1999).

Second, the decision to conduct a field sobriety test and whether that test was reasonable in line with National Highway Traffic Safety Administration (“NHTSA”) guidelines is a potent issue that can steer an otherwise strong case to a plea deal – did the police properly administer the horizontal gaze, nystagmus test, walk and run, and one leg stand as well as the ABCs? – it is often not as open and shut as the State would lead you to believe.

Third, there are procedural errors that take place after a DWI traffic stop is over, during the State’s presentation of its case.  It is the State’s burden to follow substantive and procedural due process safeguards.  In other words, they have to cross their t’s and dot their i’s while marshaling their evidence and making the case against you.  But, key issues in their case frequently fall by the wayside due to the intense volume facing municipal police departments and State Prosecutors in today’s hectic world.

You may be able to take advantage of lack of discovery (due w/i 60-days) or violations of Speedy Trial protocols, which can provide a defense to an otherwise routine case.

You have rights!  And you deserve a 2nd chance after making a mistake, especially where you don’t believe you were impaired.  Let us help you to fight back and get a good result on your DWI or DUI case.  And let us help you to also get any help or counseling you need to keep something like this from happening again.

 

Our capabilities in terms of working with DWI l& DUI aw matters:
  • Alcohol & Drugs Awareness
  • DWI & DUI Arrests
  • DWI & DUI Accidents
  • Felony DUI
  • Stages of a DWI/DUI Case
  • Ignition Interlock Device
  • Medications & Drug Awareness
  • Mandatory DWI & DUI Classes

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CONTACT INFORMATION

 

5 Marine View Plaza
Hoboken, NJ 07030

 

(201) 529-8024

 

Mon-Fri: 9:00 am to 6:00 pm

 

e-mail me: jfazzio@fazziolaw.com

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