Prosecutors in New Jersey use both blood samples and breathalyzer test results to prove DWI charges against those accused of driving under the influence. Although these test results can be damaging in court, they can also be deemed inadmissible if an experienced DWI attorney raises a valid defense. Attorney William C. Fay knows how to challenge the validity of blood and breath test results in DUI cases because he has been doing it for years. Below is a thorough explanation of one possible defense to DWI charges, involving a warrantless blood sample. To speak with experienced Cherry Hill New Jersey DWI defense lawyer William Fay about your specific case, call 609-832-3202. Initial consultations are always provided free of charge.
A motion to suppress evidence of a blood sample that was taken without a warrant from a Medford woman, who was responsible for a fatal car accident back in 2013, was denied by a Superior Court judge at the Burlington County Courthouse in Mt. Holly, New Jersey. After pleading guilty to vehicular homicide and driving under the influence the night of the fatal accident, she filed a motion to suppress the evidence of her blood sample because she alleges that she never gave consent to have her blood drawn. A motion to suppress is a request that the court exclude certain evidence from the record, so that it will not be considered by the jury. If evidence was obtained in violation of a person’s constitutional rights, that argument can form the basis of a motion to suppress.
In this case, the police officer who claims to have obtained her consent stated that the woman gave verbal consent for the sample, but did not sign a written consent form because he did not want to disrupt her medical providers with so many individuals moving around to provide care for the woman. The defendant’s motion to suppress the evidence was denied by the court and now, the defendant is appealing that decision.
So, what’s the take away from all of this? The police need a warrant, your consent, or an exception to the warrant requirement if they want to draw your blood (or rather, have a medical professional draw your blood) to test it for alcohol content, in order to not violate your constitutional 4th Amendment right against unreasonable search and seizure. This is because having your blood drawn is invasive and you have a reasonable expectation of privacy to not have your blood drawn without a warrant or your consent.
On the other hand, drivers in New Jersey cannot refuse a breathalyzer test, even though it is also considered a search and seizure. This is because when New Jersey drivers obtain their New Jersey driver’s license, they sign a form consenting to a breathalyzer test, should a law enforcement officer request one. If you do refuse, you can face significant consequences including seven months of license suspension, six months of driving with an ignition interlock device, driver education classes, and fines.
If you have been charged with DWI in New Jersey after being administering a breathalyzer test or having a blood sample taken, the evidence obtained from these tests can be very damaging to your case. If the evidence tends to establish your guilt of the offenses, finding a way to have the evidence suppressed is your best option.
The Rules of Evidence in New Jersey DWI cases can be very complicated and hiring an experienced DWI lawyer is crucial when handling complex evidentiary issues on cases that can lead to significant penalties. If you believe that your blood was drawn without a warrant and without your consent in a DWI case, call experienced Camden NJ DWI attorney William Fay and the team at our firm today for a free consultation. Do not face these charges in court alone. Be prepared with an experienced DWI defense team ready to leverage your best defenses. Call 609-832-3202 or contact us online for immediate assistance.
Prosecutors in New Jersey use both blood samples and breathalyzer test results to prove DWI charges against those accused of driving under the influence. Although these test results can be damaging in court, they can also be deemed inadmissible if an experienced DWI attorney raises a valid defense. Attorney William […]
"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."
"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "
"Great lawyer. Created a best possible outcome for my case."
"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."
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