New Jersey drunk driving investigations start in many ways - police may see a motorist exhibiting driving patterns associated with DWI, or committing a moving violation not typically associated with driving under the influence. Sometimes an accident triggers a drinking and driving investigation. And sometimes it's driving into a sobriety checkpoint.
Police stop many drivers on suspicion of DWI after they observe driving patterns associated with impairment, such as weaving, driving too slowly, or rapid braking or acceleration. However, one of the most common reasons police stop drivers - speeding - isn't recognized as a DWI / DUI driving pattern by the National Highway Traffic Safety Administration (NHTSA).
An experienced New Jersey DWI defense attorney may argue that an officer who stopped a driver for speeding didn't have a valid reason to initiate a DWI / DUI investigation, and the court may suppress any evidence gathered during the stop.
Sobriety checkpoints are becoming more and more common as police attempt to catch drivers on a number of offenses, including drinking and driving. However, sobriety checkpoints must be operated under strict guidelines, and the rules aren't always followed. If a motorist was arrested at a drunk driving roadblock that wasn't conducted according to accepted guidelines, evidence gathered during the stop may be thrown out.
Some New Jersey DWI / DUI investigations are launched even though the arresting officer didn't have a valid reason to initiate a traffic stop. In those cases, New Jersey DWI / DUI drunk driving attorney Evan M. Levow will argue that any evidence gathered during a traffic stop initiated without probable cause should be suppressed.
New Jersey drunk driving prosecutions are typically built on four types of evidence - field sobriety tests, driving patterns, physical signs and symptoms, and chemical test results. However, an investigative failing in any of these areas can place a New Jersey DWI prosecution in jeopardy.
New Jersey DWI / DUI cases can be prosecuted under two different theories - driving while impaired, and violating the state's "per se" laws, meaning that the driver is accused of having a blood alcohol content (BAC) of .08 percent or greater. The first allegation focuses on mental and physical impairment, and the second is based on the driver's BAC. The prosecutor needs to prove only one element - either driving while impaired or violating the per se law - in order to obtain a conviction.
New Jersey DWI defense lawyer Evan M. Levow has successfully defended thousands of New Jersey drunk driving cases by creating reasonable doubt in one or more of these critical areas of a driving under the influence prosecution. By focusing solely on DWI defense, Evan Levow has developed proven defense strategies designed to create reasonable doubt in the driver's guilt and reduce or even eliminate the negative consequences of a NJ DWI / DUI arrest.