Is it true that hospital blood test in a DUI case has different problems? We want to know if we could be able to use that as a defense in my sister’s DWI case here in Jersey City, New Jersey.

Hiram

Jersey City, NJ

A hospital blood test has a legion of problems so the results could not be reliable as well. So definitely, Hiram, your sister could use that as a defense in her DWI case Jersey City, New Jersey. Rather than the rule, blood tests are the exception in DWI cases. It would be suffice to say that the emergency room blood test of a hospital is designed to produce a “quick and dirty” result to give the doctors an idea of what they are dealing with, not a result the precise, technical and demanding arena of the courtroom.

The good news about this is that the blood sample drawn from your sister during the DWI investigation is saved and could be retested by the defense for accuracy, unlike the breath sample which is literally blown out of a hole in the breath machine. Blood tests do require more steps and more time so a qualified personnel should draw the sample in sanitary conditions. Your sister’s DWI lawyer could definitely investigate the condition of the hospital when she was tested and if an authorized person was the one who drew blood from her.

My cousin was arrested for DWI here in Irvington, New Jersey and he has a DWI conviction from another state. If he gets convicted again, would the conviction from another state count as a prior conviction for sentencing purposes and does he have to disclose it or would they just find out about it?

Isabel
Irvington, NJ

This has happened several times that a driver has prior DWI conviction or even convictions in another state. A DWI conviction in a sister state would also count as a prior conviction in the state of New Jersey for sentencing purposes. But an experienced DWI lawyer could always argue that the constitutional guaranties of the prior sister state DWI conviction is illegal. Therefore, a crafty DWI lawyer could always make arguments that the out of state DWI conviction should not count as a prior conviction.

Before your cousin will be sentenced for his DWI charge in Irvington, New Jersey, the Municipal Court judge should run his abstract and review it for prior DWI convictions. In some DWI cases, a prior out of state DWI conviction of a driver would not appear on the abstract. A DWI driver is obliged to be truthful and should inform the Municipal Court of his prior out of state DWI convictions. A lot of people convicted for DWI lie to the Municipal Court and refuse to disclose their prior out of state DWI convictions. They sometimes get away with it, but they sometimes are being busted. If he gets busted, then he may be indicted for perjury charges.

My brother got arrested for DWI in a school zone in Bayonne, New Jersey. If he gets convicted, are the penalties the same as in a DWI that’s not in a school zone?

Jason

Bayonne, NJ

Being arrested for DWI in a School Zone in the state of New Jersey is a strict liability offense. If your brother gets convicted for DWI in Bayonne, New Jersey and he was arrested in a school zone, his penalties will be harsher. This means that the fines and the length of the driver’s license suspension will be doubled. For a first DWI offense, the license suspension would be one to two years and for second time offense, the license suspension is two to four years; the fines and the jail terms are also doubled.

In general, the “school zone” provisions actually supply credit or provide a significant weight for the prosecution to obtain a DWI conviction. In many DWI cases, the prosecution could drop the “school zone” charge in return for a straight plea to the DWI charge. A motorist charged for DWI could not use the defense that since school was closed, that the area could not be considered a “school zone.” A motorist could be charged for this offense even if he is stopped in the middle of the night and there is no school in session.

Hi, I’m here in New Jersey and there are so many things that I want to know about the justice system, especially in DWI cases. In a DWI case in New Jersey, what is the State’s burden of proof?

Chuck
Clifton, NJ

If you will be charged with DWI in New Jersey, the State must prove your guilt “beyond reasonable doubt,” and that is the highest burden of proof in the justice system. The lowest burden of proof in a DWI case would be the probable cause. This is just like receiving a ticket that you disagree with (as opposed to not just liking the fact that you received a ticket). This level of proof means that you have a 50-50 chance that you violated the law, but is all the officer need to arrest you.

The highest burden of proof would be proving your guilt Beyond a Reasonable Doubt. One’s freedom is on the line and the judge should have a lot of evidence that you were really driving while intoxicated before they could find you guilty. This may seem simple, but it’s extremely convincing manner of making a jury understand just how much evidence is required before they could convict a person, thus branding them a criminal for the rest of their lives.

I have a DWI charge in New Jersey and I want this over and done with. Can I just plead guilty to the charge or I still have an option on this?

Prince

Passaic, NJ

I understand that you just want to plead guilty real quickly on your DWI case in Passaic, New Jersey just to get the case over with. But here’s the ultimate advice that I can give you-don’t plead guilty until you have at least carefully reviewed the discovery. You could be surprised as to the amount of errors that were made by the police in your DWI case so you have to review the discovery. For example, the breathalyzer certificates could have expired or the breathalyzer inspection certificates could indicate that the breathalyzer could have been malfunctioning around the time of your DWI arrest. Another instance is that the police reports could not substantiate that there was sufficient probable cause to justify the DWI stop of your case.

Also, you have to believe that there are many DWI cases wherein the paperworks are not prepared properly. Many police stations are overwhelmed with these paperworks and they just couldn’t keep up with the necessary information to convict DWI drivers. This would not be the case in all municipalities, but if you are a more fortunate DWI defendant, then the discovery and the paperwork could reveal that there are many viable defenses.

What do I need to look for when hiring a DWI attorney? What should be the basis of choosing a good DWI attorney in Edison, New Jersey?

Cindy

Edison, NJ

When charged with DWI, hiring an attorney who will exhaust all means to get you out of trouble is the best thing to do. Since you have to go through a trial and may be even spend time in jail, you need to look for a specialized attorney in DWI. Most people are confused as to how they can pick a good DWI lawyer to trust their case to. Bear in mind the following important reminders:
1) Hire a lawyer who specializes in DWI rather than lawyers handling criminal law. A DWI lawyer’s fee may be a little higher than a lawyer who can take care of general cases but he’ll sure have a lot of experience about DWI cases. So, he will know how to go about your case easier.
2) Always check your potential DWI lawyer’s track record. A DWI lawyer who has won many DWI cases is the one you need to look for. This is because a DWI lawyer who keeps his records clean can present this as a way to earn the trust of potential clients. There’s nothing wrong with being frank and asking your lawyer about the history of DWI cases he won. You can also ask your friend so that they can possibly refer someone they know. Or, contacting the local Bar Association may also be of help.
3) Choose a lawyer that you feel good about. A good-working relationship with your lawyer is important so that you can help each other out in winning the case. Most likely, a lawyer’s attitude in court will basically give you an idea of his work ethics. Don’t ruin your chance of winning your case by choosing a lawyer with low standards of discipline.

I have once been a victim of DWI and been following cases since. A month or so ago, I heard in the news that the New Jersey Supreme Court ruled that the results of breath tests conducted by the Alcotest 7110 are reliable. Does this mean that this will be admissible in court for DWI cases?

Kate

Jersey City, NJ

Alcotest is a fully automated machine used to determine the blood alcohol content (BAC) of drivers suspected of New Jersey DWI. The state says that they can no longer purchase replacement parts for the Breathalyzer machine because the Breathalyzer test was invented in 1954.

The New Jersey Supreme Court ruled that the results of breath tests conducted by the Alcotest 7110 are reliable. The Alcotest has replaced the Breathalyzer across most part of the state. According to the Supreme Court ruling, the Alcotest results will be admissible in court as long as the police follow the safeguards that the court outlined in its 132-page opinion.

The decision of the Supreme Court relied mostly on the person appointed to study the machine in early 2006. According to the findings, much to the surprise of New Jersey DWI lawyers, Alcotest is far more accurate than the Breathalyzer.

The New Jersey Supreme Court Justices were unanimous in their decision. One of the Justices even said that the Alcotest is sufficiently scientifically reliable that its reports may be admitted in court as evidence.