Legal Question in DUI Law in New Jersey

dui and drug possession
my boyfriend was pulled over for speeding and charged with dui and possession of crack cocaine.he was not drunk he took a breathalizer and blew a 0.1 the report from the police officer says that he was trying to catch his balance,he was stumbuling but the video tape proofs otherwise you can tell that he wasnt drunk his passenger was drunk,but he wasnt.the police officer called an investigator and the report from the investigator states that he was sober.when the police officer searched him found 1 oz of crack cocaine he was put under arrest and now is currently in federal prison. could he beat this case due to the fact that the report from the police office is different from the video tape and the investigator? should the cop have let him go after he took the breathalizer and passed the field sobrierity test? this isnt his 1st offence, what could we be looking at? what charges? what other help things should we know about that could help this case?

Asked on 8/03/07, 3:49 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

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Re: dui and drug possession

You have done a great analysis of what is wrong with the State's case.

Searching him and seizing the contents of his person appears to have been a violation of th U.S. Consstitituion, Fourth Amendment, bar to unreasonable searches and seizures by the government because there was no probable cause for arresting him.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattornehyatlaw.com

Answered on 8/03/07, 6:40 am

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Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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Re: dui and drug possession

That's a lot of crack and he could be looking at a lot of time. There are a lot of holes in the state's case, but none of that will do you any good without a good attorney.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

Answered on 8/03/07, 8:06 am

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