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South Amboy DUI Lawyer

19
Mar
2011

by in DWI Defense

South Amboy DWI Lawyer

New Jersey imposes harsh, even draconian penalties for drunk driving. We can help. Call now to speak with a South Amboy DWI lawyer.

Perth Amboy DWI court is just north and across the Raritan River from South Amboy.

South Amboy DUI Charges

South Amboy police and New Jersey State Police are responsible for many arrests for DUI and South Amboy DWI. There is no difference between DUI, DWI and drunk driving. All of these terms refer to violations of N.J.S.A. 39:4-50. DWI arrests in South Amboy are commonly made on Route 35, Route 9 and the Garden State Parkway.

South Amboy DWI Cases

For a first offense DWI in New Jersey, you can be convicted by what is known as “observations” or by having a valid blood alcohol reading of .08 or above. The difference between a .99 and .10 is significant. For the latter, the license is 7 months minimum to one-year. However, if convicted of a NJ DUI with a BAC of .08 to .99, the state can only suspend your license for 90 days.

It is a common misconception that the prosecutor cannot proceed if there is not a valid breath test reading. This is inaccurate. The prosecutor can still proceed on a DWI as an “observation case.” The evidence that can be used against in such a case will consist primarily of the officer’s testimony of what he or she observed. Videotape evidence of the scene or of your processing at the police station.

The DWI observation case often boils down to the defendant’s performance on any psychophysical testing or “divided attention” tests. Such tests include those approved by the New Jersey State Police, which are largely developed by the National Highway Traffic Safety Administration (NHTSA, as the cool kids call it).

These approved tests include making the subject walk a straight line for 9 steps, pivot, turn and walk 9 steps back, having the subject balance on one foot while counting out loud, and the Horizontal Gaze Nystagmus Test, which tests for the involuntary jerking of the eyeball. These test have been proven, to debatable degrees, to be accurate in showing whether an individual is intoxicated or under the influence of drugs and/or alcohol.

A good NJ DWI lawyer will know how to challenge all of these tests. Other observations that may be used against you can be the odor of alcohol on your breath or emanating from the interior of your vehicle. The officer may testify that your eyes were bloodshot or watery, or that your speech was slurred.

Of course, it is likely that that officer has never seen or spoken with you prior to you DUI arrest. There would therefore be now way for the officer to know whether you normally slur your words of suffer from some kind of medical condition. Call to speak with a South Amboy DWI lawyer.

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