Legal Question in DUI Law in New Jersey
dui tickets
My husband was arrested for dui. He was given 3 tickets, 1 for driving while intoxicated, open container in car, and refusing to take a breath test. While its true he was drinking, but he is also on two kinds of medicine (paxil and buspar for severe depression. I believe this probally intensified the situation, and possible inpared his thinking. What kind of defense do we have in fighting back. thank you
4 Answers from Attorneys
Re: dui tickets
Based on the facts you've entered, you will need to carefully review whether or not spending lots of money on an expert to explain the effects of the medicine is worth it. For example, you'll want to consider whether or not it is your husband's first offense, the circumstances of the stop, the likely outcome, etc.
If these charges are in the Trenton area or South, I offer free consultations and would be happy to discuss the matter with you and your husband. Feel free to contact me at your convenience.
Daniel B. Kelley
Re: dui tickets
Since he refused the test, it is difficult to prove what effect the medicine had on him. There is no BAC reading. I suggest you hire an attorney immediately and have the attorney obtain andreview the discovery. At that point, a decision can be made on hiring a medical expert.
Re: dui tickets
I need more information about your husband and how he came to be stopped by the police office. He should call me at 8002737933 to provide additional information and do it as soon as possible because dwi cases must be disposed of within 60 days of the arrest for same.
Re: dui tickets
Please call me to discuss this situation.
Generally, a refusal is a refusal is a refusal. But, there are defenses to this, and the fact that he was on this medication --- if it can be demonstrated through expert testimony that it impaired his thinking, there is a defense there. There may also be other defenses. Please call me to discuss.
Until then, please see my website
www.nj-dmv-dwi.com
Thank you.
888-777-0455
cell 609-634-7308