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Tuesday, August 19, 2008

DWI: A defense playbook?



Walking a straight line is one of several field sobriety tests.

'DWI', 'DUI', 'driving while impaired' -- whatever it's called, it's regarded as a serious offense and in New Jersey, a conviction typically involves the loss of driving privileges and a hefty fine.

Plainfielders may recall one DWI which finally played out in area courts.

Today's Bergen Record carries a story about a 'noted local attorney' from North Jersey who is contesting a DWI charge (see here). I found the outline of the case interesting.

When arrested, the attorney was found to have a blood-alcohol level of 0.17, more than twice the legal limit. He failed several sobriety tests.

The arrest was made July 15, 2007 and the case has yet to go to trial.

Reasons?
  • Multiple transfers to other courts.
  • Rescheduled court dates.
  • Motion to suppress all evidence obtained.
  • Requests for extensive documentation on
    • a) the types of sobriety tests given, and
    • b) training and credentials of officers involved.
  • Request for documentation on testing history of Breathalyzer involved.
Is there a DWI defense playbook?

Next appearance scheduled for October 2.

Bets, anyone?


-- Dan Damon

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2 comments:

Anonymous said...

yes my bet is-he will walk-just like some other court case-wait long enough,and it will be forgotten-also its who you know.all the important players,judges,prosecutors,and the other lyers(sorry lawyers)

Anonymous said...

I think joanna has valid point. Even I believe he will be able to carry out this very simple test with much ease.