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Can data stored by a breathalized sold on the pharmacy used as evidence against a Driving while intoxicated charge?
I am looking to buy a breatlizar from bactrack S 80 that is approved by DOT/NHTSA. However, my friend told me to buy another unit that can store data which are more expensive. Or maybe to video type when the test is taken. My question is can data stored by these devices be used as evidence to fight a DWI charge? How about if she videotype while take the breath sample? it is a christmas gift for a young person and I want to make sure that I buy the correct unit. Of course you should not drive when you drink but I think this type of devices are a must and very helpful. Pls advice. Thanks
There is no way having that device will help someone defend themselves against a DWI charge. I can envision scenarios...
I was pulled over for DUI and taken in for a blood test at a nearby hospital. four vials of blood was drawn and the hospital made me sign some consent papers. 1) if they believe i am under influence, are they right to expect someone sign papers ? later i was taken back to the police station. i saw these four vials of blood on the police officer's table. 2) shouldn't these stay with the hospital ? i did not question the officer at that point. I was dropped off home after that. Appreciate any answers to #1) and #2).
Under recent case law a warrant or informed consent is needed. You may have strong viable defenses. Where did this take...
My NJ license was just recently suspended until January b/c of a DUI. Should I maintain auto insurance during this period?
Keeping the DWI in mind: My auto insurance policy renews in August. My thinking is that if I continue paying through January, and the months thereafter, my rates will not go up until August. Is this the case? Or do my rates go up as soon as I get my license back in January? Thanks for your help!
This is really a question you should address to your insurance company or agent.
Has the Drug Recognition Expert (DRE) Program for DWI cases gained judicial notice or passed the FRYE standard in NJ?
Has Drug Recognition Expert (DRE) or Drug Evaluation Classification (DEC) Program gained judicial notice or passed the FRYE standard in NJ? I know the program is not readily accepted in the scientific community yet but I constantly see DRE's in court testifying to being experts without challenge or objection from defense counsel. Is there any case law pertaining to DRE's or drug intoxication in NJ other than State v. Bealor (which only deals with marijuana intoxication)? How are prosecutors being allowed to introduce DRE testimony at trial in their direct case against the defendant without challenge? Please explain.
Answer: I am not aware of any case other than what you cited concerning DRE's. This is why I always tell my clients...
I was stopped for a dwi and received five tickets in linden nj, half a block from my house I'm a single parent with three
I was stopped for dwi first offense,after a tasting and don't even drink,but I received 5 tickets, dwi, careless driving ,reckless driving ,too close to police car and no signal..I have tree children and just started a new on11/13 was on unemployment for three year..please help..I have no family in my area,if I lose my license the bank takes my car insurance goes up,and go on welfare? Any pro bono help.
It is unlikely that you will find pro bono help. However, you may be eligible for the public defender which has a fee...
My son's NJ license just got reinstated. He moved to NY over a year ago and is getting a license there and not in NJ.
If he stops making DWI surcharge payment to NJ will his NY license get suspended ?
He will need to have a valid NJ license as the basis to apply in NY. If he stops making payments and NJ revokes his...
Is there a new bill being passed for the NJ DUI for restriction license. Basically it said that If you have multiple DUI get
a restriction license with several condition...
It's in the legislature. It may or may not pass.
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