Breath test... I would prefer not to

New Breath Test Device For NJ

Since 2008, breath testing in New Jersey for evidential purposes in DWI cases has been conducted with the Drager Alcotest 7110 MK III-C. Recently, the New Jersey Attorney General conceded that the State could not comply with requirements set by the New Jersey Supreme Court to ensure reliable breath testing in DWI cases. Accordingly, the […]

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Field Sobriety Testing: Intro

Field sobriety testing for DWI is a crucial element in DWI prosecution and defense. Initially, field sobriety testing serves as the best method by which an investigating officer can ascertain whether the “reasonable cause” referred to in NJSA 39:4-50.4 exists, which in turn […]

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Field Sobriety Testing: Horizontal Gaze Nystagmus

The police officer is trained in the New Jersey State Police DWI\Standardized Field Sobriety Testing Course to ideally utilize a penlight at roadside to assist in the administration and observation of potential Nystagmus in the suspect’s eyes. Use of a flashlight is not recommended due to the probability of casting of shadows which will make […]

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Field Sobriety Testing: Walk and Turn Test

In order to perform this DWI test it is required that it be performed on a hard, dry, level, non-slippery surface with sufficient room for the suspect to complete nine heel-to-toe steps. This test loses validity when conducted in certain wind/weather conditions that counters this criteria […]

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Field Sobriety Testing: One Leg Stand

In order to perform this test, it must be performed on a hard, dry, level, non-slippery surface. Conditions must be such that the suspect would be in no danger if he or she were to fall. Certain wind/weather conditions obviously may interfere with and affect the validity of this test. This test should not be given to persons who are more than sixty-five years of age, more than […]

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Standards For The Standardized Field Sobriety Testing (SFST) Program

Psychophysical tests should require evaluation of the subject’s appearance and condition, ability to follow instructions, as well as balance and coordination. These types of tests are called Divided Attention Tests. They require the subject to concentrate on more than one thing at a time. They divide the subject’s attention between mental and physical tasks […]

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