Lawyer for DWI in Mercer County NJ
If you were arrested and charged with Driving While Intoxicated (DWI) in Mercer County, you should contact the Law Offices of Greg Prosmushkin, P.C. immediately. Driving While Intoxicated is a serious offense with potentially life altering penalties. The consequences of a guilty verdict in a DWI matter include loss of license, significant fines and surcharges, and the possibility of imprisonment. Obviously, this is not just another traffic ticket. You will need to retain counsel as soon as possible to begin planning a defense so that you can avoid or at least mitigate the damage of a DWI.
How Can We Fight a DWI?
In most instances, the reality of the situation is that the charged had consumed some quantity of alcohol prior to arrest. That will almost never be the matter of contention. Consider this from a practical perspective, do you really want to go in front of a judge and argue that you didn't drink, despite officer observation of signs of intoxication and blood alcohol tests that indicate the opposite? Unless we can prove that your intoxication was the result of prescribed medications, this would be a faulty strategy and one which would garner no sympathy from a prosecutor or judge.
So what do we do if we all recognize that you drank alcohol prior to your arrest? Well, fortunately there are legal means of attacking both the legitimacy of the stop as well as the officer observations and blood alcohol testing.
There are a few phases applied throughout the United States which officers employ when making a stop and then ultimately detaining and arresting an individual. The first phase is observing a vehicle in motion. This is prior to stopping the vehicle, the officer makes initial observations of the driver, looking for erratic or dangerous driving. Once stopped, the officer engages in personal contact. At this juncture, the officer is face to face with the driver and observes their person for erratic behavior, the odor of alcohol, and physical indications of intoxication. Finally, the officer will begin a pre-arrest screening. This is the process of conducting field sobriety tests and a preliminary breath test. This testing will give the officer measurable data as to indicate intoxication and assist in determining whether an arrest is warranted.
Your attorney will proceed by first investigating the stop, to see if reasonable suspicion existed which in fact warranted the stop. If none exists, the stop and arrest could be invalidated. Your attorney will also contest officer observations, calling into question their evaluation of the circumstances whenever possible. And counsel will watch the video of the stop and determine if field sobriety tests were properly administered, if at all. Each of these prongs provides potential grounds for contesting a DWI charge.
Blood Alcohol Testing
The on-site preliminary breath test bares no weight in the court of law. The officer must either administer a breath test at the station or have blood taken by a professional. The breath test is the standard. However, the results are not the end all be all of this process. The equipment must be deemed to be appropriately calibrated and in working order. The officer must be adequately trained to perform the procedures. There must be a 20 minute observation period as demanded by law. And these are but a few of the details which may affect the legitimacy of the test. The police do not get to cut corners here. Your attorney will challenge these results whenever possible.
If you have been arrested for a DWI in Mercer County you will need the assistance of counsel to fight these charges and protect your rights. The Law Offices of Greg Prosmushkin, P.C. is here for you. Call today to schedule a free consultation.
This content was written on behalf of Greg Prosmushkin.