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Breath Test Reading Suppresed in Winslow Township

Posted by Greg DeMichele | Mar 19, 2013 | 0 Comments

DUI Sentence in Winslow Township DWI Reduced

Alcotest 7110 We recently suppressed another another Alcotest reading for a client charged with a DUI.  We previously discussed the  exclusion of an Alcotest reading in Pemberton Township Municipal Court and the Exclusion of an Alcotest reading in Evesham Township Municipal Court. In this particular case the our client was charged with DUI in Winslow Township Municipal Court. The Winslow Township police stopped our client for an alleged failure to maintain lane.  He was eventually arrested under suspicion of DWI.   Our client was administered the Alcotest at the Winslow Township police station and his reading was a .15 percent  blood alcohol content (“BAC”).  He was charged with DWI  N.J.S.A. 39:4-50, Reckless Driving N.J.S.A. 39:4-96 and Failure to Maintain Lane N.J.S.A. 39:4-88. The penalties for a DWI conviction in New Jersey are severe.   Anyone convicted of a first offense for driving while intoxicated (DWI) with an Alcotest reading of .15 or higher faces a mandatory suspension of his driver's license for a minimum of seven (7) months plus the installation of an interlock device in his car. Rather than just pleading guilty the accused contacted us for representation.  After a careful review of the state's discovery, we were able to convince the Winslow prosecutor that the arresting police officer did not satisfy the 20 minute continuous observation requirement for someone charged with DWI.  The breath test can only be properly administered after the Alcotest operator observes the suspect continuously for 20 minutes to make sure there is no mouth alcohol in the suspect's mouth. As a result, the Alcotest reading was inadmissible and could never be considered by the judge.   This was critical for our client because he was able to plead guilty to a first tier DWI. As a result of this plea agreement, the Defendant's license suspension was reduced from a minimum of 7 months to 3 month loss of  driving privilege  and the ignition interlock device was not imposed, which saved the client thousands of dollars. If you or a loved one needs strong representation in Winslow Township Municipal Court or any other municipal court in New Jersey,  contact the municipal court defense lawyers at  DeMichele & DeMichele today. We are here to defend the charges against you.  Contact us now for your confidential and free initial consultation. You can also reach us by telephone  (856) 546-1350. Don't just plead guilty and risk your driving privilege or driving record.

About the Author

Greg DeMichele

Gregory P. DeMichele is a seasoned litigator, devoting the majority of his practice to municipal court, personal injury, residential real estate, and family law matters. Greg has helped countless clients navigate challenging cases in municipal, Superior Court, and Appellate Court proceedings.


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