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Eatontown DWI Lawyer – New Jersey Court

26
Mar
2011

by in DWI Defense

A lot of arrests for drunk driving, DWI, DUI are made in Eatontown Borough by Eatontown Police. If you are charged with a DWI, in violation of N.J.S.A. 39:4-50 in Eatontown, call a Eatontown DWI lawyer to see if there is any way to beat the DUI. You should retain an attorney as soon as possible in order to preserve your rights and begin defending against the case. The Eatontown Municipal Court has jurisdiction over drunk driving, disorderly persons and traffic tickets in Eatontown. The Honorable Mark T. Apostolou, J.M.C. is the judge in Eatontown DWI court.

The first step in defending against an Eatontown DUI is plead not-guilty, demand a speedy trial, and request all evidence in the state’s possession. There are two ways the police can prove a DWI, by “observations” or by showing that your blood alcohol content was .08% or above. This can be done though a valid breath test, blood test, or urine screen. In the case of a breath test, the machine used in New Jersey to test DWI suspects breath is the Alcotest. The Alcotest was deemed to be scientifically reliable in the landmark DUI case of State v. Chun.

You do not have the right to refuse to submit to a breath test. Moreover, if you do so, that can trigger your being charged with an entirely separate but equally serious charge. While you have the right to refuse to conduct sobriety testing, this can be used as a presumption that you were intoxicated. You do not have to submit to blood or urine screening, but the police can use a reasonable degree of force in order to draw the same from you.

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