Defending Your New Jersey DWI Case
- Dan T. Matrafajlo
- Fri Jan 2022
Drunk driving is a serious charge in New Jersey, with consequences that can significantly impact your reputation, finances, and even your livelihood. This makes it imperative to immediately consult with an experienced New Jersey drunk driving attorney if you have been charged while intoxicated (DWI).
Eliminating Evidence Early in a DWI Case
One of the most crucial parts of a drunk driving case happens during pretrial motion practice. During this phase, you or your New Jersey drunk driving attorney may have the option to file a pretrial motion to suppress evidence obtained by law enforcement in violation of the United States Constitution or New Jersey law. Filing this motion could prevent the prosecution from introducing key evidence that cannot be used against you.
If you can successfully suppress evidence related to your initial traffic stop, your chemical test results, and/or any incriminating statement you may have made before the officer read your Miranda rights, you can seriously weaken the prosecution’s case, resulting in a dismissal of your DWI charges.
Below are some basic grounds for a motion to suppress in a New Jersey DWI case:
- Motion to suppress evidence from traffic stop with lack of probable cause. This is one of the more common grounds for a motion to suppress evidence in a drunk driving case. In order for a police officer to pull you over for a traffic stop, they must have reasonable suspicion that a violation has happened. They must also have probable cause to arrest you for drunk driving. This means the officer must have had a reasonable belief that you were driving under the influence.
- Suppressing breath test results that establish intoxication. The most powerful evidence against you in a DWI case is a chemical test that shows your blood alcohol content (BAC) was over .08 percent at the time you were pulled over. Your New Jersey DWI attorney may be able to suppress this evidence based on the fact that the results were not the product of reliable principles and methods.
- Suppress or remove your statements regarding use of alcohol. Your attorney can also file a motion to suppress to challenge any admissions you made regarding the use of alcohol while you were in custody. This motion is typically successful if you were detained and led to believe that you were not free to leave during the DWI investigation without having been read your Miranda rights prior to being questioned by the police.
Contact Us Today!
If you have been arrested for a DWI offense, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100.