Legal Question in DUI Law in New Jersey

was search legal ?

I was arrested for dwi by a young cop with very little knowledge of the science commnnty.it turns out i had only a .04 reading my blood test. his report of me staggering & smelling of achol.shows he has little credibelity did he have reason to legal search of me & car.


Asked on 7/23/06, 7:34 am

3 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: was search legal ?

As long as the police officer can state some type of probable cause for arresting you and searching your car, the search is generally considered to be legal. However, if you were charged with DWI and you still have to go to court on it, there is a very good chance that the charge could get dismissed based on the .04 BAC reading. Please contact me if you would like to discuss your case further. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 7/24/06, 8:57 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: was search legal ?

Lets assume the cop did everything wrong, what will you accomplish by yourself? Even if everything is on your side, you may have a really tough road to show that without an attorney. Even with an attorney, you may not win the case; that's why we have the appeal process.

However, if the cop thought you were drunk, then he may have been able to arrest you and then search you. However, he may have not been able to search your car; but did he even find anything?

What is your goal, to get evidence thrown out or to get money, because the latter is not going to happen.

My consultations are always free so call me at 732/247/3340. By talking to some attorneys, you should have all your questions answered in full.

Good luck!

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Answered on 7/23/06, 11:01 am
Gary Moore Gary Moore Attorney At Law

Re: was search legal ?

There two ways for the State to prove drunk driving. One is a breath test reading of .08 or greater. The other is way is to demonstrate that you appearance, operation of vehicle; performance on field sobriety tests and the smell of alcohol on your breath, along with your admission that you had imbibed some alcoholic beverage proves your guilt of operating a motor vehicle, beyond a reasonable doubt.

By Court rule, dwi case can not be plea bargained; they must be tried.

You are correct in concluding that you have a substantial chance of being found not gulty of DWI. You do.

Call me if you would like to discuss your case further.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/23/06, 7:01 pm


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