If you’re accused of driving while intoxicated, one of the things you may want to do is to challenge the evidence that is allegedly available against you. Your attorney is skilled in doing this and will walk you through the process, but it’s still a good idea to know what you can do to protect your own best interests.
It’s possible to challenge DWI evidence in court. Some of the things that your attorney may attempt to challenge include the traffic stop, the 20-minute rule and the field sobriety tests that you were asked to take.
For example, did you know that the initial traffic stop needs to be a legal stop? Police officers cannot stop you for no reason. They have to have a lawful reason to stop you, such as seeing you run a red light or weave in your lane.
Breathalyzer tests and the 20-minute rule
The 20-minute rule is one many people don’t know about. During a traffic stop, the state of New Jersey requires officers to observe drivers for at least 20 minutes before asking for a Breathalyzer test. During that time, they need to find evidence that you’re intoxicated. If the test is given too early, then your attorney may be able to help have that evidence removed from the case.
With field sobriety tests, the officers have to administer them correctly and explain (with a demonstration) how to complete the test. Failing to do so can render them inaccurate and inadmissible.
Your attorney will be able to talk to you about the traffic stop and if you can fight the charges. Law enforcement must follow the right steps to pursue a DWI charge.