October 11, 2013 /24-7PressRelease/
-- Thousands of people are arrested on drunk driving charges in New Jersey each year; according to The Century Council, there were 26,206 arrests in the state in 2011. For this reason, drunk driving penalties in our state are severe, both to protect people from being injured by drunk drivers and to prevent people from making the decision to get behind the wheel while intoxicated.
You might not realize that some drunk driving charges can be contested. For example, if you have reason to believe sobriety tests
resulted in a false arrest, you are not necessarily at the mercy of the court. Such charges can be challenged, and it's possible for charges to be lessened or dropped.
Faulty tests can result in false arrests
ABC Action News reported on some of the issues associated with field sobriety tests. People with balance or cognitive problems can have a hard time balancing on one leg or walking in a straight line with one foot in front of the other, which could result in even a sober person failing the test. Some attorneys say that field sobriety tests are designed to fail, no matter how well a person performs.
Breath tests can also be inaccurate. According to the Herald Tribune, several breath test machines in Florida were incorrectly calibrated and may have resulted in thousands of wrongful DUI charges. The machines showed an unusual amount of results with blood alcohol at least three times the legal limit, and breath volumes that were impossible for human lungs to blow. The Poison Review also reported on a study that showed the use of hand sanitizer near a breath machine could result in a false positive, even if the person taking the test was completely sober.
Disputing a DUI charge
The Gloucester Township Patch updated the highly publicized case of New Jersey Assemblyman Paul Moriarty, who was arrested on DUI charges last year. Moriarty disputed his case, saying the police officer unfairly targeted him and that he hadn't had a single drink on the day of his arrest. The officer was indicted on several counts of official misconduct, including falsifying records.
Assemblyman Moriarty faced severe penalties if he had been convicted. New Jersey's implied consent law imposes harsh consequences if a person refuses to take a breath test after a DUI arrest. Anyone convicted of a first offense can lose their license for three months, face a fine
of $250 to $400, be required to stay at an Intoxicated Driver Resource Center and pay the related fees, face jail time and pay high-risk insurance surcharges of $1,000 a year for three years, according to DMV.org.
These penalties are too high for someone wrongfully arrested. If you've been arrested for a DUI and feel that your sobriety tests were conducted unfairly, it's important to contact an experienced drunk driving defense attorney immediately. You have the right to contest your charges and to be treated fairly in court.
Article provided by Rem Law Group
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