In many cases in which a defendant is charged with DWI, the bulk of the State’s evidence of the defendant’s guilt will consist of the results of breath tests taken shortly after the defendant was stopped by the police. Thus, if a defendant can prove that the test results are inaccurate or unreliable, they may be precluded from evidence, and the defendant may be found not guilty. In a recent New Jersey DWI action in which the defendant appealed his conviction on the belief that his breath tests may have been improperly administered, the court explained the standards for maintaining and evaluating the accuracy of breath tests. If you are a resident of New Jersey currently accused of driving while intoxicated in violation of the law, it is advisable to consult a proficient New Jersey DWI defense attorney to evaluate your case.
The Defendant’s Arrest
It is reported that the defendant was involved in a multiple-vehicle accident that caused personal injuries. The police investigating the accident spoke with the defendant and noticed the smell of alcohol on his breath and administered a series of breath tests. After the tests indicated a blood alcohol content level in excess of the legal limit, the defendant was charged with DWI.
Allegedly, the defendant entered a conditional guilty plea at trial. Stipulations were entered into stating that the breath test machine was in working order, the first sample was taken at 6:44, and the second was taken at 6:46, and the test results reported a reading of .21. The defendant preserved his right to argue that the results of his breath samples were invalid, and, following his conviction, he appealed. Continue reading