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Breath Test Reading Suppressed in Pemberton Township DWI

Posted by Greg DeMichele | Feb 26, 2013 | 0 Comments

Alcotest Reading Excluded Results in a Reduced Sentence

We  recently represented a client charged with DWI in Pemberton Township New Jersey.  According to the discovery produced by the state, our client registered a .17 BAC on the Alcotest.  As a result he was charged with DWI and  reckless driving,  in addition to following too closely and improper use of a horn. If the Alcotest reading was admitted into evidence our client would have faced a minimum 7 month loss of licence and the imposition of an ignition interlock device once the client's licence was restored plus other fines and costs.  You can review the penalties for a DWI conviction in New Jersey by clicking here. The Alcotest  reading is only admissible if the State is able to provide all of the required proofs for its admission into evidence.  The required proofs are to make sure the Alcotest was properly calibrated,  working properly  and administered int he correct way at the time of the test. After a careful review of the state's discovery we were able to convince the prosecutor that the arresting officer did not satisfy the 20 minute observation requirement for someone charged with DWI.  The breath test can only be properly administered after the Alcotest operator observes the suspect for 20 minutes to make sure there is no mouth alcohol in the accused mouth.  The result for our client was that the results of the Aloctest were not offered into evidence.  This was result was critical to our client. As a result of the inadmissibility of the Aloctest results, the Defendant was able to plead guilty to a first tier DWI. This resulted in the Defendant's driver's license only being suspended for 3 months instead of 7 months and the installation of the interlock device was not imposed.   The difference in the sentence saved the client thousands of dollars. If you or a loved one needs strong representation in Pemberton 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.   The outcome of every DWI case is very fact specific.  Your particular case results will vary depending on a wide range of legal issues and other factors.  The facts of your case may not apply to or relate to the results of the case described above.

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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