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Mount Laurel DWI Lawyer

02
Jun
2012

by in DWI Defense

An incredible amount of Mount Laurel DWI arrests are made by Mount Laurel police and the New Jersey State Police. My firm has a satellite office in Mount Laurel, enabling us to provide a very high level of service to our clients who face charges there. Call to speak with a Mt. Laurel DWI lawyer.

Mount Laurel is the meeting point of several major roadways, which bring in tons of traffic to the Mount Laurel Municipal Court. These include the New Jersey Turnpike, Route 295, Route 70, Route 73 and Route 38. These roads are responsible for most Mount Laurel DWI charges.

Mount Laurel court has jurisdiction over the DWI (NJSA 39:4-50) arrests that are made in the township. If you are stopped by a Mount Laurel police officer or a State Trooper, you should remain calm, provide the officer with your credentials, and not make any incriminating statements. You have the right to remain silent! Many people forget or do not realize this when they are stopped.

If a Mt. Laurel police officer stops your vehicle and believes you may be under the influence of drugs or alcohol, you will probably be detained for sobriety testing. The reason for the stop of your vehicle and the reasons for detaining you for sobriety testing may be challenged by your attorney.

The sobriety tests that the officer will conduct may include having you balance on one foot while counting out loud; having you walk a straight line then pivot and walk balk heel to toe, and having you follow a stimulus with your eyes. These are the “big three” of standard field sobriety testing. However, these tests are not perfect. All three of these tests have weaknesses, which a skilled DUI lawyer can point out to the judge.

If the officer believes that your performance on these tests is indicative of intoxication, you will be placed under arrest and brought back to the police station for breath sampling. For the past 3 or so years, the New Jersey Supreme Court has authorized the use of the Alcotest breath testing machine. The Alcotest is the predecessor of the Breathalyzer.

The accuracy and reliability of the Alcotest machine has been the subject of great debate. A team of NJ DWI lawyers took the case all the way the the NJ Supreme Court in State v. Chun. In Chun, the court held that the Alcotest is scientifically reliable if properly administered. Of course, the machine must also be in proper working order at the time of the test. There are other requirements, all which can be contested in your case by your Mount Laurel DWI defense attorney.

For example, the police (state) in your case must prove that the mouthpiece was changed between each breath test. It must also be proven that you were continuously monitored for 20 minutes prior to the breath testing sequence. See Chun and State v. Maricic on this point. Certain documents can be demanded from the police that sometimes shows that the 20 minute observation requirement could not have been met.

Your case will be prosecuted by the local municipal prosecutor. The municipal court judge will preside over your case. You are entitled to and should certainly have competent defense counsel to ensure that your rights are protected.

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