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DRUNK DRIVING
What
the State Must Prove
to
Convict You of Drunk Driving
Prerequisites Almost all drunk driving charges
arise from arrests which are considered warrantless seizures. Seizures
made without an arrest warrant are presumed to be unreasonable. Thus,
the State must establish that the officer had probable cause to (a) stop
you, and (b) arrest you for drunk driving. Probable cause is a reasonable
basis to act, usually involving a suspicion that you violated the law.
The State must establish probable cause by a preponderance of the evidence.
Elements Once these prerequisites are established,
the court can consider the elements of the offense. To convict you of
drunk driving, the State must prove beyond a reasonable doubt that you:
- • operated or intended to operate
- • an operable motor vehicle
- • while either
- • under the influence of liquor
- • or with an alcohol concentration of 0.08 per cent by weight
of alcohol in your blood or breath.
- Breath Tests Breath testing is by far the most common way of testing for blood alcohol
content ["
BAC
"]. The Breathalyzer is by far the
most commonly used machine to test breath in New Jersey.
What
the State Must Prove to Show a Breath Test Is Reliable
Before
the court can hear what breath test results are, the State must establish
certain things:
- • The machine was working properly.
- • The officer who operated the machine was certified by the Attorney
General to use it.
- • Radio frequency interference did not affect the machine.
- • The test was given correctly.
- • Chemicals in glass ampoules used in the test were of the proper
amount and mix.
Documents
All Defendants Who Gave Breath Samples
-
Should
See in Discovery Before Deciding What to Do
- • Police copies of the Summons and Complaint
- • Drinking-Driving Report, including
- • an observations check-off sheet and
- • a narrative of investigation
- • Alcohol Influence Report, including
- • chemical test information:
- • full identification of the machine used
- • the type of machine used
- • the machine's manufacturer
- • the machine's model number
- • the time of tests were given
- • test results
- • a breathalyzer operational checklist
- • Breath Test Instrument Inspection Certificates, which show
results of periodic inspection of the machine:
- • one dated before your breath test
- • one dated after
- • others from the year before your arrest
- • one showing when this machine was placed in service
- • Breathalyzer Operator Certification Card
- • assay report for ampoule chemicals
- • State Police certificate of analysis for breath alcohol simulator
solution
documents you signed, if any
Additional
Trial Preparation:
-
When
to Hire an Expert
If
a defect afflicts the breathalyzer or its operation, the defense may
call an expert witness, often a factory trained breathalyzer technician
formerly certified by the Attorney General as a Breath Test Coordinator
Instructor with the New Jersey State Police. The New Jersey State
Police opposes defense attempts to call presently certified Breath
Test Coordinator Instructors as experts for the defense.
Consider
hiring a medical doctor if you have a health problem that affects
breath test results -- e.g., diabetes, hypoglycemia, asthma,
fever, ulcers, hiatal hernia, and use of certain medications--or causes
you to sway, stagger, have bloodshot watery eyes and droopy lids,
fumble and move your hands slowly, and show other signs that may be
mistaken for intoxication -- e.g., diabetes, hypoglycemia,
inner ear and eye disorders, neurological deficits, and allergies.
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New Jersey DWI Attorney John Menzel is the leading attorney in the landmark case State vs. Jane Chun
New Jersey DWI Attorney John Menzel practices exclusively as a New Jersey Drunk Driving Attorney.
New Jersey DWI Attorney John Menzel is recognized as the leading New Jersey Drunk Driving Attorney in the State of NJ by Judges, Prosectors and his peers
New Jersey DWI Attorney John Menzel has concentrated his work as a New Jersey Drunk Driving Attorney since 1988. |
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