On November 13th, 2018, the Supreme Court of New Jersey ruled that 20,667 DWI convictions in the state were tainted by an improperly calibrated breathalyzer test. The case of State v. Eileen Cassidy, centered around the misconduct by former New Jersey Police Sergeant Marc W. Dennis, who allegedly skipped a required step in the recalibrating of breathalyzer devices and then falsified records to conceal his conduct.
Our Team Provides Aggressive Representation in Drunk Driving Cases
New Jersey has extremely stringent laws and penalties for driving while intoxicated/driving under the influence (DWI/DUI) arrests. An arrest and subsequent DWI/DUI conviction can lead to license suspension, a criminal record, expensive fines and surcharges, increased insurance rates and even jail time. If you have been charged with DWI/DUI, you need a lawyer who will aggressively challenge the prosecution’s case. The experienced criminal defense attorneys at Hoagland, Longo, Moran, Dunst & Doukas, LLP are committed to defending your rights.
Fighting Your DWI Charge
Our attorneys will work diligently toward a dismissal or reduction of the charges filed against you. We understand the extreme hardship a loss of your driver’s license creates. Our goal is to minimize or eliminate the period of suspension you face. Our attorneys closely examine every aspect of your case looking for ways to defend against the allegations made against you, such as:
Did the police officer pull you over for a valid reason? By law, you are protected from an illegal traffic stop. The police must have a valid reason to pull you over. If they did not, any evidence in your case derived from your stop may be inadmissible in court.
Was the sobriety test properly conducted? If the police officer did not correctly conduct your field sobriety tests, the results may be contested.
Are the results of the breath test reliable? We investigate whether the breathalyzer was properly maintained and calibrated, as well as whether the officer followed proper protocols for its use.
Do you have an underlying medical condition? Some underlying medical conditions affect field sobriety tests and may question the reliability of the results.
Representing Defendants in All Types of DWI / DUI Cases
Driving under the influence of alcohol, drugs, or prescription medication does not fall under a single charge; there are varying offenses and related penalties. We represent:
- First Time Offenders
- Repeat Offenders
- Drivers Under the Age of 21
- Drivers With Suspended Licenses
- Drivers Who Refused the Breath Test
- Drivers Involved in Accidents
The DWI/DUI attorneys at Hoagland, Longo, Moran, Dunst & Doukas have appeared in hundreds of criminal courts throughout the state of New Jersey. Our team includes a current municipal prosecutor with extensive DWI trial experience.
If you have been charged with DWI / DUI, call to speak with one of our attorneys. We are available 24/7 to protect your rights after an arrest.
Related Blog posts
Last September we discussed a stunning development in New Jersey DWI law. Prosecutors charged a New Jersey State Trooper with failing to follow established protocols for calibrating the Alcotest 7110 MKIII-C devices used to test a DWI suspect's blood-alcohol content. More egregiously, prosecutors alleged the Trooper falsely certified that he had followed the protocols.
New Jersey joins a number of States in banning attorneys’ participation in Avvo’s programs which require attorneys to pay “marketing fees.” In this blog, Joseph V. Leone and Samantha R. Catanese examine the Joint Opinion issued by New Jersey Supreme Court prohibiting New Jersey attorneys from participating in the Avvo client-linking legal service.
When a defendant is convicted of driving while intoxicated (DWI) in New Jersey, the municipal court is required to suspend that defendant’s driver’s license. If a defendant chooses to appeal their conviction, their attorney will often request a stay of the license suspension. Based upon the Court’s ruling in Robertson, defense attorneys should have relatively easy time obtaining a stay of their client’s license suspension while an appeal from municipal court to the Law Division is pending.
On September 20, 2016, Sergeant Marc Dennis, a former coordinator with the State Police Alcohol Drug Testing Unit, was charged in relation to his role in to the recalibration of breathalyzers. The New Jersey Division of Criminal Justice has advised court administrators that over 20,000 Driving While Intoxicated (DWI) cases could be subject to challenge.