Legal Question in DUI Law in New Jersey

I am at pre-trial conference stage or NJ DUI arrest. Here are facts: Out-of-state (WA) Driver stopped on 911 tip (ID) & Officer�s observation, crossing fog line. FST failed, defendant is disabled, so ABC�s. Alcotest 7111 MKIII-C provided AIR showing BAC .23 (substantiated GERD). Prosecutorial 3-prong case consists of; FST, BAC (Alcotest), Officer�s observation, including (�against interests statement� made by family member). Defendant seeks reduction of NJSA 39:4-50 penalty from Tier-II to Tier-I and minimize �Home State� (WA) consequences.

Asked on 6/14/10, 8:29 am

2 Answers from Attorneys

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

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I would ask you what your attorney thinks but it sounds like you are one. DWI is a practice area onto itself. Based upon the high reading though, I think there is nothing you can do about that. Thus, you have to look at other areas. I've dealt with the 911 cases and they can be handled. However, the fog line issue could be a problem, I would have to see the MVR. After that, it comes down to the FST's. I would need to know more about what was given, why, what happened, etc. There are only 2 reliable (in New Jersey) SFSTs and the ABC's are not one of them. But, if those two cannot be performed due to disability, than that is a different story.

You could unleash a pile of motions (probably should have been done already) to see if that will get the State to bend. It often does but it costs too much money for most people to get into.

Again, either you are an attorney and you should already know what you are doing, or you don't trust your attorney and now are looking to see if you should change up towards the end of the game. Either way, not good.

Answered on 6/14/10, 11:38 am

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