Different Defenses a DUI/DWI Lawyer Can Use to Beat DUI/DWI Charges

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Most people have gotten a traffic ticket at least one or two times in their lifetime, whether they deserve it or not, even knowing that accumulating points on the driving license can result in higher insurance rates and costly fines. But if you are willing to fight your traffic ticket, a traffic ticket lawyer can be very helpful in getting the ticket dismissed or reduced the fines and punishments. After examining your breath, blood or urine test and other evidences, a traffic lawyer can challenge your ticket in many ways. Some of them are as follows:
 
Challenging the Cause of arrest:  Every police officer should have a probable cause while pulling over anybody with DUI suspicion and conducting a breath, urine or blood test. Your lawyer, after examining all the facts and evidences, can challenge your stop citing that there was no probable cause to arrest you.
 
Different Reasons for the Weaving While Driving:  Weaving gives a police officer to stop you as dunked. But your lawyer can argue that there were other reasons of weaving like eating, using cell phone, exhaustion or other distractions.
 
 Wrong Observation: Sometimes blood-shot eyes, perspiration, and uneven speeches give reasons to a police officer to suspect on you for DUI/DWI. If the police officer gives such explanation about your appearance but your lawyer can defend you saying that there can be some other non DUI explanation such as feeling sick, having some allergies or hay fever, nervousness and embarrassment.
 
The smell of alcohol:  After pulling you over, the police officer can give reasons about the strong smell of alcohol from your mouth. There can be a possible defense that alcohol itself has no odor, the smell could be because of some other non alcoholic drink with same odor.
 
Failed to inform Miranda Rights: It is mandatory for the police officer to explain a person about Miranda rights (rights to remain silent, hiring an attorney to defend you). If the police officer didn’t tell you about your Miranda rights before arresting you, your attorney can use it against the police officer and can ask the court to cancel the statement you made at the time of pulled over.
 
Misinterpretation of facts:  Your lawyer can argue that behind your action there was an honest and reasonable reason like while over speeding you were trying to keep the flow of the traffic or you failed to stop your vehicle before zebra crossing at a red light because the strips were faded. Or you could not see the maximum speed sign post because you have never been on this road before and the sign post was up from the normal height.
 
The police officer used non recommended Sobriety Test: Only three roadside DUI tests are recommended by the law i .e. one leg stand, Horizontal Gaze Nystagmus and walk and turn. If the police ask you to perform other non recommended tests like standing on your toes, touching your nose with your index finger, your lawyer can use these tests in your defense.
 
Tests were administered after three hours of your stop:  According to the law that all the chemical tests should be administered within the three hours when you were pulled over to record the right BAC level. The court will take any test performed after three hours, into account if verified by the testimony from a forensic toxicologist. If your lawyer after examining the report finds any delay in your chemical test, then he can challenge it in the court to dispose these tests.
 
The police officer didn’t wait before administrating any test:  Before taking any breathing test, officers are required to observe the DUI suspicious does not burp, belch or regurgitates anything from the abdomen for the 15 minutes before the test. These actions are likely to bring liquor from the abdomen up to the mouth, skewing the outcomes. Officers are often inattentive about this part of the method.  If the official did not notice you for the whole 15 minutes before the test, your lawyer can ask the court to neglect the test report.
 
Blood was not properly collected and was contaminated:  Sufficient blood must be collected by a specialist and the preservatives should be added to preserve the blood otherwise fermentation can increase the blood alcohol content of the sample. If the amount of preservatives was not sufficient then the blood will be contaminated, giving your lawyer a base requesting the jury to exclude the blood test as not reliable. 
 
There are many more tricks that a New Jersey dui lawyer can use to reduce your traffic ticket or to fully dismiss it, even if you are sure about getting hefty fines and points on driving license, it really makes sense to have a lawyer at your side to fight for your traffic ticket.
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Dan has 8 articles online

Dan is the author of countless articles including different legal services.In this article he is describing about the various defenses a dui lawyer uses to defend the drunk driving and Traffic ticket  In New Jersey.

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Different Defenses a DUI/DWI Lawyer Can Use to Beat DUI/DWI Charges

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Different Defenses a DUI/DWI Lawyer Can Use to Beat DUI/DWI Charges

This article was published on 2014/04/29