Being arrested for DWI can be overwhelming but you are far from defenseless if this has occurred. In fact, the lawyers at our firm, the Law Offices of Marshall, Bonus, Proetta & Oliver are successful in defending driving while intoxicated charges in Wall Township much more than you imagine. We have truly extraordinary qualifications in DWI defense and can honestly say there is not another firm in the area with the sheer volume of credentials possessed by our firm. This is because we are very serious about defending drunk driving offenses and demand that every lawyer at our firm be as qualified as possible to insure that clients have every opportunity to avoid a conviction. It also helps that we have been appearing in Wall Municipal Court for literally decades, that our managing partner actually prosecuted in the town, and that we have been forging relationships in the area for many many years. Attorneys at our office are available around the clock so give us a call anytime for a free consultation or to set up an appointment in our Wall Office.
What Does the Wall Prosecutor Have to Prove to Obtain a Conviction under N.J.S.A. 39:4-50?
The elements that must be established, beyond reasonable doubt, include: (1) operation of a motor vehicle; and (2) intoxication (i.e. being under the influence of alcohol or drugs). Operation is usually substantiated through observation of operation by a police officer. This element can also, however, be established through testimony from lay witnesses or from circumstantial evidence. The second element, intoxication, is usually established “per se” in an alcohol case through scientific evidence confirming a blood alcohol concentration of .08% or higher; .08% is the legal BAC limit in accordance with N.J.S.A. 39:4-50. The classic form of scientific evidence is a breath test result from the Alcotest 7110 but a per se case may also be founded on blood test. The proofs involved in a drug dwi case are different and are discussed in more detail on our DUI page. Where there is no scientific evidence to establish intoxication “per se”, the prosecution can utilize Field Sobriety Testing to establish this element. While police officers attempt to make up their own tests, the National Transportation Safety Administration has only adopted four (4) standardized field sobriety tests. The tests are known as the Horizontal Gaze Nystagmus Test (“HGN”), the One Leg Stand Test, the Walk and Turn Test, and the ABCs. Each test has very specific instructions that must be given and failure to adhere to the instructions invalidates the results under the standard. In addition, the scoring of the tests is much more technical than one would imagine and the scoring of “clues” (i.e. evidence of intoxication) and computation of clues is often mistaken by police officers.
If and only if the prosecutor is able to satisfy the state’s burden of proof, an individual may be convicted of DWI in Wall. Depending on what number offense an individual is dealing with, the law imposes different DWI penalties. What should be somewhat apparent from this discussion, however, is that obtaining conviction is far from a layup, especially when your lawyer possesses the level of qualifications presented by our firm. We have more training on the Alcotest than the vast majority of police officers and, in fact, are one of two firms in the entire state to own the machine. Assuming the per se violation can be eliminated, something that we are able to achieve in many cases, then it comes down to field sobriety evidence. Our attorneys are not only among the approximately 15 lawyers certified in these tests, but also are instructors (3). It is rare to find an arresting officer with this level of expertise in field sobriety testing and you deserve nothing less than that in your attorney. Give us a call anytime 24/7 to speak with an experienced Wall NJ DWI Lawyer discuss how we can help you.