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Arrested for dui and reckless an hour after an accident with witnesses passing breath test.
Anonymous2 views9 answers
No drugs or alcohol in my system I was charged with 4 counts including dui and reckless with no law enforcement present. It was seen by civilians all firmly concluding I was 100% in the right. An hour after the incident speaking to a dozen police and medical personelle left unsupervised over 30 minutes a cop decides he had probable cause since I had my head down and a dry mouth. The only reason they conclude charging after passing 3 breath tests their DRE decided my pupils were not dilating properly after 6 checks. I had prescription medication with me that they felt impaired my driving. I gave a urine sample but how could they conclude that it was taken before or after the accident regardless of the fact that I had not taken any that day?
You are asking questions that really need to be discussed in person with a qualified and experienced DWI attorney, especially since there seems to be an accident and DRE involved. Your are asking questions that require an in debt look into the discovery (evidence state has against you) and all the facts. You should contact an attorney or use a Public defender if you qualify. Do not go at this alone as the charges are serious. An attorney will look for all potential defense and be in the best position to prepare your defense and answer your questions that require time to answer. Good luck
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Stop posting information on the web. Retain an experienced criminal defense attorney ASAP. You raise many issue that may create a good defense. The DRE situation is problematic as you seem to understand. Have your own blood tests run ASAP. Statements need to be taken from all witnesses. Cameras tape in the area need to be preserved.
The laboratory result, when it comes in, may show the presence of drugs, but you are correct in that the result is not quantitative - meaning it will merely show the presence of the drug metabolite. The State's case may hinge to a large degree on the Drug Recogntion Examination. The DRE protocol is to run a breath test to rule out alcohol before running the full Drug Recogntion Examination. In any event, a full examination of the reports and records, including of course, the Drug Recognition Examination reports and notes is essential to properly defending the charges. These so called drug-driving cases can be won, but it requires a detailed analysis of the discovery - to determine an appropriate defense strategy and the strength or weakness of the State's case.
You need to hire a defense attorney who handles DUIs ASAP. You appear to have valid defenses and their DRE needs to be challenged and cross examined effectively.
you have many good defenses to using this type of case. However, you need to retain an attorney immediately because time is of the essence.especially with the blood issue. You should have yourself tested immediately.
Yolanda NavarreteFamily Law AttorneyMorristown, NJNJ licensed ·
From the facts you present it appears the state has a very weak, or no case for DUI. A review of lab results and discovery could change my opinion, however.
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
The DRE program is junk science. We file a motion for a frye hearing and seek to exclude expert testimony in every one of these cases. But the way they are prosecuted requires simply a dre evaluation and the presence of metabolites in your system. So I would recommend that you consult with legal counsel as much of what you have said indicated defenses exist. Fight the charge. That is the only way you are getting out of this.
Your blood will be analyzed to determine if alcohol is in your system or drugs. The test will show how much if any drugs were there. In my state it would require a chemist testing. Check with a criminal lawyer in your state.
