Quite often when speaking to potential clients, I and the trial attorneys on my legal team are asked how a motorist could possibly fight a drunk driving charge when the police have evidence, such as a breathalyzer test or a seized open container of alcohol, to show the court. Before getting too far ahead of themselves we usually remind these individuals that there are several important aspects to a DWI defense.
As New Jersey drunken driving lawyers, my firm has decades of collective experience protecting the rights of motorists from all walks of life as they face charges of driving while intoxicated by alcohol or operating a motor vehicle while impaired by prescription drugs. One of the more important facts that must be established before a DWI-DUI case can go forward is whether or not the initial traffic stop was performed in the proper manner.
When it comes to defending someone accused of driving under the influence of alcohol or drugs, the question of whether the traffic stop, which usually comes prior to a DWI or drug DUI arrest, was valid to begin with. If it was, then there must be evidence of intoxication from alcohol, cocaine, marijuana or prescribed meds. If the traffic stop was not based on an observed traffic offense or other action that would give an officer the right to pull the motorist over, then it is likely that a skilled attorney can use this fact to his client's advantage.
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