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DUI cases often share some common facts. Beyond those, the cases have their own individual facts. That’s when it becomes necessary for a DUI defendant to raise defenses which are consistent with the facts of his or her case. To formulate your defense, you will want to speak with our Flemington NJ DUI attorney at the Law Office of Stephen D. Williams about the facts surrounding your case. Here are some common defense strategies:
In order to make a traffic stop, police are required to have a reasonable belief a traffic or other offense has been committed. If there is no reasonable cause for the stop, all evidence of a DUI might be suppressed.
You are not required to submit to these tests, and if you do take them, there are guidelines an officer must follow. If there is no video record of field sobriety tests, they will not be of much value to the prosecution.
Just about every police report in a DUI case will state the driver had bloodshot eyes, the odor of an alcoholic beverage on his or her breath and slurred speech. Medical conditions can be confused with a person being drunk. Bloodshot eyes are consistent with hay fever or a sinus infection. Although there might be an odor of an alcoholic beverage, it is not necessarily against the law to have consumed an alcoholic beverage and then drive. Slurred speech is often consistent with nerve or brain damage.
Testing for Alcohol
The integrity of blood alcohol testing is a foundation of any DUI prosecution. Both the breath testing machine and person performing breath testing must be certified. Certain protocols must be followed. Breath testing machines can even be affected by radio signals. If actual blood tests are performed, other strict guidelines must be followed.
If evidence is not properly obtained, it can be suppressed and inadmissible. Contact the Law Office of Stephen D. Williams at 908-284-0074 on any DUI in central New Jersey. Our Flemington NJ DUI attorney is prepared to help you and your loved ones have the most successful case possible.