Much of the evidence supporting impaired driving charges in New Jersey may come from traffic stop interactions with law enforcement professionals. Camera footage might capture slurred speech or failed field sobriety tests. Chemical test results are also frequently key evidence for impaired driving cases.
In some situations, defense lawyers may be able to provide alternate explanations for test results or raise questions about accuracy due to the use of an uncalibrated machine or gaps in the chain of custody for evidence. Sometimes, defense lawyers may be able to exclude evidence from criminal proceedings, meaning the prosecutor cannot present it at all.
Mistakes undermine evidence
Police officers must ensure they do everything by the book when they suspect criminal activity. If police officers violate the law or infringe on the civil rights of the person they suspect, their conduct can prevent state prosecutors from using the evidence they gather.
The exclusionary rule allows a criminal defense attorney to ask the courts to suppress certain evidence and prevent the prosecutor from presenting it during the trial. If an officer conducted a traffic stop without a reasonable justification, any evidence obtained during that traffic stop, regardless of how compelling it might be, could be subject to suppression.
If officers did not advise a person in state custody of their Miranda rights or ignored an attempt to invoke them, confessions and other statements may also be eligible for suppression. Suppressing evidence can result in the state dismissing charges in some cases.
Discussing a drunk driving arrest with a criminal defense lawyer can help people explore if evidence suppression is an option. There are many different potential drunk driving defense strategies, and selecting the best one generally requires the insight of an experienced professional.