Legal Question in DUI Law in New Jersey

Driving While Intoxicated in NJ

I have an interesting situation.

I was pulled over and arrested for DWI in my own driveway. Though I was spotted going down the road, the actual sobriety test, etc was done there. On top of that I never took nor refused a breathalyzer test, I was taken to the hospital to have blood drawn, and though I refused it, I was told I would be restrained and they would take it whether I ''liked it or not''. To make matters worse they took my car off my own property. I am trying to find some kind of misconduct here because I feel that there might be, though I am not claiming it is malicious...just perhaps ''not right''. I also have strong reason to believe that my drink might have been tampered with somehow. Though I claimed that at the time I do not believe that they had anything done to check it at the hospital. I have received no follow-up from that claim whatsoever. Do I have the right to get my blood independently tested from that night for both purposes of defending myself against this charge and maybe finding out why I got behind the wheel to begin with? What specifics should I look for to maybe get that blood test evidence suppressed?


Asked on 1/17/09, 2:02 pm

5 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Driving While Intoxicated in NJ

You need a good attorney. Let him or her take care of everything. I can't see how you would be able to win this case on your own.

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Answered on 1/17/09, 2:13 pm
Savyon Grant Law Office of Savy Grant

Re: Driving While Intoxicated in NJ

Wow, you are in over your head. They are allowed to do eveything they did by the law. It sounds like you need an attorney right away. If you can't afford one, you should apply for the public defender. I can be reached at 201\646\9600.

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Answered on 1/17/09, 2:26 pm
Gary Moore Gary Moore Attorney At Law

Re: Driving While Intoxicated in NJ

You ;need to hire an attorney.

Call me if you like.

Gary Moore, ESquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/17/09, 7:22 pm
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Driving While Intoxicated in NJ

Please call our office to schedule a consultation.

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Answered on 1/19/09, 11:32 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Driving While Intoxicated in NJ

They have the right to draw blood, and you don't necessarily have the right to do an independent test of your blood. You don't say what your blood alcohol level was or if other intoxicants (drugs) were found in your blood. They also have the right to impound your car, but it is not usually done if you have already reached your driveway. I would need to review the police report on your case before I could give you a definite answer about what you can expect. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/19/09, 12:13 pm


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