Holmdel NJ Drunk Driving (DWI) Charges Dismissed

Our law firm recently represented a client charged with driving while intoxicated (DWI) in Holmdel, New Jersey. My client was leaving a Brad Paisley concert at the PNC Bank Arts Center when she was stopped at a "seatbelt" check by a law enforcement officer. She was arrested for drunk driving and blew a .09% BAC on the Alcotest machine. In reviewing the discovery evidence and the police report, Continue Reading...

Breathalyzer and the Burden of Proof in DWI Cases

The breathalyzer fulfills a legislative policy and intent to provide a reliable and fair measure of alcohol in the brain. Accordingly, breathalyzer results can be used in prosecution of a per se offense of drunk driving. Moreover, the reliability of the breathalyzer is subject to judicial notice in drunk driving prosecutions. State v. Downie, 117 N.J. 450 (1990). Judicial notice means that the Continue Reading...