Legal Question in Traffic Law in New Jersey

DUI second offense

My husband was charged with his second DUI on 10/2006. The case is now going back to court because of the CHUN decision. He only blew a .11. Is there any way to fight this reading. I do not know if the machine was inspected or when. What can we do? He needs a license since he is the sole provider and his job entails driving from one construction site to another. PLEASE HELP. Thank you .

LISA


Asked on 4/08/08, 1:48 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: DUI second offense

Yes he can and should fight it. He should get a good attorney. Does he have one? If not, why not? If so, why are you asking this question? These types of questions always concern me.

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Answered on 4/08/08, 1:51 pm
Gary Moore Gary Moore Attorney At Law

Re: DUI second offense

It is possible that the Alcotest 7110 used to test your husband would not pass the tolerance test calculation or some other requirement, rendering it's readings inadmissible at your husband's trial. You need an experienced trial attorney and an expert on the machine and field sobriety tests. I am an experienced criminal trial attorney and have tried many dwi cases. I would recommend that

your husband also hire the kind of expert I have described.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/08/08, 2:49 pm


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