Using Defense Experts
In order to win a New Jersey DWI / DUI, the DWI / DUI defense attorney must present information and reasons to the prosecutor to convince him or her to dismiss the DWI / DUI.
A powerful way to do that is to have an expert in field sobriety testing, police procedures, medicine, physiology, breath testing, urine / blood testing, or drug testing review the facts and specifics of the case, and write a report that the DWI defense attorney can use to convince the prosecutor to reduce or dismiss the DWI / DUI charges.
The report can be used to convince the police officer or the judge that the charges against the driver may not be as strong as originally believed, and to allow dismissal of the DWI / DUI charges.
If a non-DWI / non-DUI result cannot be obtained in this manner, then the expert reports have been provided to the prosecutor, and the expert will be ready to testify at trial, if the driver chooses to proceed in that set of circumstances.
The testimony of an independent defense expert is critical in a BJ DWI / DUI or driving under the influence of drugs (DUID) case. Independent toxicologists can refute prosecution evidence that suggests that the defendant was driving under the influence. Defense experts can testify knowledgably about the scientific aspects of intoxication, and can refute the prosecution theories and conclusions.
A skilled New Jersey drunk driving defense attorney will know which experts to call in the relevant situation. Medical testimony may also come from the driver’s treating doctors, such as a family doctor, gastroenterologist, podiatrist, or orthopedist.
Skilled defense experts also help attorneys prepare to cross-examine prosecution witnesses, such as breath testing officers, phlebotomists, and lab technicians. Experienced defense experts have the scientific knowledge to contradict many prosecution claims.
The defense expert will also be called upon to explain the problems inherent in chemical testing. An independent forensic toxicologist can explain how inflated BAC readings occur when breath machines are not properly calibrated, or how fermentation can happen when a blood sample isn’t properly stored, giving a false BAC reading.
The defense expert also can offer his or her opinion about the accused motorist’s field sobriety test performance. The defense expert will point out things that the driver did right and use those observations to support the opinion that the motorist was not impaired. This expert can state that the field testing is relevant for probable cause for arrest issues only, and should not be used to determine guilt of the accused.
Mental and physical impairment are at the heart of every New Jersey DWI / DUI case. Mental impairment almost always occurs before physical impairment when an individual drinks alcohol. If the driver showed physical impairment but no mental impairment, the physical problems may have been caused by something besides alcohol use. There are numerous conditions that cause physical impairment, including injury, illness, or fatigue.
The defense toxicologist will meet with the defense attorney several times before trial to review the expert’s opinions about the case. These meetings allow the attorney and expert to thoroughly discuss weaknesses in the case and areas where the prosecutor may attack the expert’s testimony. An experienced expert will anticipate these attacks and be able to minimize their damage.
A knowledgeable DWI / DUI defense expert is an essential part of a winning drinking and driving defense.
The attorneys at Levow DWI Law will evaluate your case and determine whether your situation would benefit from a defense expert report and testimony. We will describe to you how an expert can assist in obtaining a successful result in your New Jersey DWI / DUI arrest.
Please call us to discuss how we can help you. Call Levow DWI Law at 877-593-1717, or email us at firstname.lastname@example.org.