- If all the witnesses are not available to prove the State's case
- If there is exculpatory evidence which would prove your innocence.
- The Administrative Office of the Courts has directed that DWI cases are to be resolved in 60 days. If the State cannot provide all the required discovery, it is possible (though unlikely) that your case can be dismissed, or the State may be prevented from introducing certain evidence at trial.
- There may be evidentiary problems in proving your blood alcohol level.
6 facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the Township, while
- Your blood alcohol level was over the per se limit or
- Your ability to drive a motor vehicle was substantially impaired (driving under the influence).
14 things you should note right away:
- What your itinerary was prior to arrest
- Your consumption of alcoholic beverages
- Your observations of the officer
- The officer's stated reasons for stopping your
- Whether the officer asked or ordered you to take roadside tests
- What where the officer's instructions for the field sobriety tests
- Your performance on the roadside tests
- Statements you made to the officer
- What the results were of any breath or blood tests
- Whether there were witnesses to your arrest
- Whether you were observed prior to a breath test
- Whether you were advised of your right to take an independent test
- How long you were kept after testing
- Your medical background
6 items crucial to your defense:
- A good investigation of the facts
- Vigorous cross-examination
- A sound understanding of constitutional principles
- A sound understanding of field sobriety testing
- A sound understanding of breath testing and blood testing
- An experienced attorney
Law Offices of Jason Pollack
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155
Burlington County
Camden County
Atlantic County
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