Supreme Court Confirms Bad Breathalyzer Tests
Often DWI cases begin with a driver being stopped at what is referred to as a DWI Checkpoint.
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 […]
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 […]
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 […]
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 […]
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 […]