Legal Question in DUI Law in New Jersey

dwi ''specialist

I had a dwi ''specialist go over the discovery for my dwi arrest. In it he says that the alcotest hadn't been calibrated for over 8 months and that the several of the roadside sobriety tests were not in accordance with present day testing procedures (paraphrasing here). What is the chance that my dwi conviction is dismissed (I have never been in trouble with the law before).

thank you


Asked on 2/23/08, 2:12 pm

6 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: dwi ''specialist

The problem that nonlawyers have is that they expect and seek certainty when going to court when there is no certainty when one goes to court. There is a good chance that the Alcotest machine was not used properly because it was done before before the Supreme Court set the standards for its use.

If by specialist you are talking about an attorney I would suggest that you confer with someone with a science background as to how the tests were done.

Call me if you would like a referral to someone with a science background.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/23/08, 6:26 pm
Gary Moore Gary Moore Attorney At Law

Re: dwi ''specialist

The problem that nonlawyers have is that they expect and seek certainty when going to court when there is no certainty when one goes to court. There is a good chance that the Alcotest machine was not used properly because it was done before before the Supreme Court set the standards for its use.

If by specialist you are talking about an attorney I would suggest that you confer with someone with a science background as to how the tests were done.

Call me if you would like a referral to someone with a science background.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 2/23/08, 6:26 pm
Gary Moore Gary Moore Attorney At Law

Re: dwi ''specialist

The problem that nonlawyers have is that they expect and seek certainty when going to court when there is no certainty when one goes to court. There is a good chance that the Alcotest machine was not used properly because it was done before before the Supreme Court set the standards for its use.

If by specialist you are talking about an attorney I would suggest that you confer with someone with a science background as to how the tests were done.

Call me if you would like a referral to someone with a science background.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 2/23/08, 6:27 pm
Gary Moore Gary Moore Attorney At Law

Re: dwi ''specialist

The problem that nonlawyers have is that they expect and seek certainty when going to court when there is no certainty when one goes to court. There is a good chance that the Alcotest machine was not used properly because it was done before before the Supreme Court set the standards for its use.

If by specialist you are talking about an attorney I would suggest that you confer with someone with a science background as to how the tests were done.

Call me if you would like a referral to someone with a science background.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 2/23/08, 6:27 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: dwi ''specialist

I would have to review the evidence myself, as well as any expert report you got, before I could give you a definite answer. Suffice it to say though that the prosecutor will not voluntarily dismiss the case - you will have to either win on a motion or win at trial to beat this charge. I would recommend hiring an attorney to represent you on this. I am an attorney who has handled many cases similar to yours in vaiorus courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply discussing a case with you. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 2/24/08, 12:27 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: dwi ''specialist

Do you mean an attorney?

I wouldn't worry so much about the calibration issue, that seems to be in just about every case and means nothing really.

Now the SFST's is a different story. You have some room to work with. However, you need a good attorney to argue your case. If this guy you met with was an attorney, as him how long his cross of the cop will be on the SFSTs? He should tell you it will be at least an hour, if not much longer. Also ask him if he has the manuals that the cops are trained on.

Even with all that, you are in municipal court and, well, you are always starting off on the wrong foot anyway in MC. Even with the best defense and the best attorney does not mean you will win. A lot depends on the judge you are in front of. Unless there is a big problem with the initial stop or your reading was a .10 or lower, chances are you will go down. You will then have to appeal which will mean more money, but a better chance of winning.

Good luck!

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Answered on 2/23/08, 2:38 pm


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