Background The client was pulled over during a night drive for allegedly failing to maintain their lane. After performing field sobriety tests, the client was taken to the police station. The Alcotest results at the station showed a blood alcohol concentration (BAC) exceeding New Jersey’s legal limit of 0.08%. Although it was a first-time offense, the client faced severe penalties, including license suspension, hefty fines, and the mandatory installation of an Ignition Interlock Device.
Song Law Firm’s Defense Strategy The dedicated criminal defense team at Song Law Firm immediately secured the police bodycam footage and Alcotest operation logs. According to New Jersey case law, police officers are required to continuously observe a suspect for at least 20 minutes before administering the breath test to ensure there is no vomiting, burping, or ingestion of foreign substances. Through meticulous video analysis, our team discovered a brief period where the officer looked away to complete paperwork just before the test, breaking the continuous observation requirement. We strongly argued this procedural defect in court.
Result The judge acknowledged the procedural error raised by Song Law Firm, resulting in the exclusion of the Alcotest results as evidence. Without this crucial evidence, the prosecution could not prove the DUI charge beyond a reasonable doubt, and the case was ultimately dismissed.
[Disclaimer] This success story is reconstructed based on an actual case. Outcomes may vary depending on the specific facts of each case and the presiding judge. This content is for general informational purposes only and does not constitute legal advice. Please consult with a legal professional regarding your specific situation.
[Contact Information]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
