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Tag: Joe Lombardo

Never plead guilty to driving while intoxicated in New Jersey – not now. Not after a recent complaint filed in New Jersey Superior Court has revealed the state’s widespread disregard of orders to maintain and improve its cache of breathalyzers, specifically the Alcotest 7110. The devices are simply unreliable, and authorities have used evidence collected from them to convict hundreds, if not thousands, of drivers charged with DWI in New Jersey. There has never been a stronger defense against DWI in the state then at this time, and everyone facing this charge or something similar should read on for important details. (more…)

Breathalyzers are notoriously unreliable, the devices throw false readings with increasing regularity and put many drivers who would otherwise be operating their vehicles legally in the crosshairs of a costly DUI or DWI. It’s not remotely, what anyone would consider justice, and in New Jersey, it may cost authorities the use of their defective equipment.   A quasi-criminal action filed last year in the Supreme Court of New Jersey (Docket #72,341), seeks to hold the state accountable for at least doing what they said they were going to do with their breathalyzers, particularly the Alcotest 7110. (more…)

Authorities use the term ‘exigent circumstances’ to describe a situation necessitates a warrantless search and/or seizure of a suspect’s property, including their bodily fluids. This usually applies in emergencies when police know someone is in imminent danger of harm. Cops bust down doors without search warrants because waiting to do so could put someone’s life in jeopardy. In the wake of an important U.S. Supreme Court ruling, the definition of exigent circumstances as it applies to DUI stops may have changed forever.

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Police images from your arrest for public drunkenness a few years back keeps showing up in search engine results and on mug shot websites all over the Internet. Your face is everywhere – along with your personal information. You contact the websites to take down the pictures, but they won’t budge. Some offer to remove them for a fee, but that’s sounds like extortion. Are mug shot websites breaking the law by profiting from your youthful indiscretions? Our New Jersey criminal defense attorneys examine the relevant laws to find the truth. (more…)

When a driver is stopped by the police for a suspected DWI, the police may want the driver to submit to a breathalyzer test. While this is a routine part of most DWI cases, you do not always have to submit to testing. Depending on when the authorities wish to administer a breath test, you might be able to lawfully refuse. If you refuse mandatory breath testing, you might face additional consequences.

Generally, if the police want you to blow into a presumptive breath test (PBT) device before you are arrested, you may refuse. After you are arrested, refusal of chemical testing is not an option, at least not without consequences. Refusing to submit to mandatory chemical testing after an arrest results in an automatic license revocation, fines, and other penalties, even if the DWI charges are ultimately dropped or dismissed.

Call our NJ DUI and DWI defense lawyers at the Lombardo Law Group at (609) 418-4537 to get a free review of your case.

Are You Allowed to Refuse a Breathalyzer in NJ?

If you or someone you know has ever been pulled over by the police for a DWI, you probably know about breathalyzers and breath testing. After being arrested, breath testing is required by law, and refusing to submit to testing might lead to trouble. However, if the police ask you to take a presumptive breath test (PBT) before arrest, you can refuse with no legal penalties. If you are ever pulled over, it is imperative to know the difference. Even if you refuse testing, there might be ways to avoid the additional penalties. If you refused testing but were not informed of the consequences, we can fight the penalties for refusal. If you were physically forced to comply, our DUI and DWI defense lawyer might be able to have evidence of your BAC excluded.

Presumptive Breath Test

The police cannot arrest someone for a DWI based on something like a hunch or gut feeling. They need probable cause that includes articulable evidence supporting the belief that the driver was under the influence. In some cases, the police might attempt to gather probable cause by asking drivers to submit to a breathalyzer. When this happens on the road, the police typically use a presumptive breath test (PBT). At this point, you may refuse without legal consequences.

Not only can you refuse to submit to a PBT, but even if you do, it is not usually admissible as evidence in court. PBTs are more susceptible to mistakes and do not always produce reliable results. Police can use the results of a PBT to build probable cause to arrest you, but not as evidence to convict you.

Mandatory Chemical Testing

Chemical testing, including breath testing, becomes mandatory after a suspect is arrested. If you have been arrested for a DWI, you are legally required to submit to chemical testing, including a breath test. If you refuse, you might face additional charges and penalties under N.J.S.A. § 39:4-50.4a.

According to the implied consent law under N.J.S.A. § 39:4-50.2(a), testing may be mandatory because all drivers have impliedly provided consent to testing by virtue of having a license and operating a vehicle on public roads. Remember, this kind of chemical breath testing – which is different from a PBT – is only mandatory after arrest. If you have not been placed under arrest, you may refuse pre-arrest testing.

Even though testing is mandatory, you are still physically able to refuse. The police are not permitted to use force to make people comply with testing requirements. If the police forced you to submit to testing, our legal team may help you file a motion with the court to exclude your blood alcohol concentration from the case because it was measured in violation of your rights. However, refusal comes with legal consequences either way.

Consequences of Refusing a Breathalyzer in NJ

Charges for refusing to submit to testing may apply even if the DWI is dropped, dismissed, or thrown out. Under the law, a driver who refuses to submit to mandatory testing may have their license revoked. How long you lose your license depends on your circumstances. If this is the first time this has ever happened to you, your license may be revoked until you install an ignition interlock device in your car. If this is a second offense, you may lose your license for at least 1 year but no more than 2 years after you install an ignition interlock device. For a third or subsequent offense, you may lose your license for 8 years. On top of it all, the court may require you to attend alcohol education programs through the Intoxicated Driver Resource Center (IDRC). Completion of required programs is necessary if you ever want your license back.

Can I Be Found Guilty of a DWI if I Refuse a Breathalyzer in NJ?

Some people refuse to submit to a breath test even if it is mandatory because they do not want the authorities to have more evidence to use against them. While this sometimes works for certain drivers, you should not rely on it as a foolproof plan. In fact, the penalties for refusal may still be applied even if the DWI charges do not stick.

In many cases, the police have other evidence they can use to prove the DWI charges. For example, if the police notice a driver slurring their speech and an intense smell of alcohol, they may testify about this information in court. The police might also have dashcam footage of the driver stumbling during field sobriety tests or showing other signs of intoxication. While a blood alcohol concentration measurement can be powerful evidence, the authorities do not always need it.

Speak to Our NJ DUI and DWI Defense Lawyers About Your Case

If you were recently asked to take a breath test, call our NJ DUI and DWI defense lawyers at the Lombardo Law Group at (609) 418-4537 to get a free review of your case.

Spring is here, which means more motorcycle accidents and serious injuries. It’s a sad fact, but it’s true. When the weather warms up, motorists need to prepare themselves to share the road with motorcycles, but many choose to ignore them until it’s literally too late. Think it’s all the motorcyclists’ fault? Here are number of ways we can all reduce our motorcycle accident risk without sacrificing our mutual right to the road. (more…)

Tripping and falling down in a public place is embarrassing. The second it happens, you just want to be invisible, and you pray no one had a cell phone out to the film the crash. If you’re lucky enough to have someone to help you up, you may be quick to make an excuse for the incident – should’ve watched where you were going. The soreness happens immediately, but you dismiss it. You fell down; of course, you’re in a little pain right? Ignoring those early symptoms, and not telling anyone about the hazard that caused your fall, could leave you with a serious injury and no way to obtain rightful compensation for your damages after your slip-and-fall accident. (more…)

Why do people keep crashing into the Somerville 7-Eleven?

It’s the equivalent of a bird smacking into a reflective windowpane repeatedly. For the sixth time, according to NJ.com, someone has literally driven their vehicle through the front door of the 7-Eleven on Mercer Street in the South Jersey town. No, there isn’t a drive thru. No, this wasn’t a poorly planned robbery gone obviously wrong. Owners have reportedly paid thousands of dollars to fix the damage incurred from five previous run-ins with motor vehicles, and not it appears they’ll be shelling out yet again. (more…)

Liability in a personal injury claim doesn’t always come down to your actions. Sometimes, the actions of others on property you own can lead to a host of complications should injuries arise from their negligence. Knowing these possible pitfalls ahead of time can save you several thousand headaches with proper preparation and due diligence. Before the worst should happen, our New Jersey personal injury attorneys explain all the ways you can incur liability because you didn’t do enough to ensure a safe environment on your property. (more…)

Domestic violence doesn’t begin with a single physical altercation or outburst. Abuse starts with a slow buildup, where the aggressor layers emotional turmoil on top of jealousy and white lies that seem unimportant or easily excusable – at first. Overlooking early warning signs of domestic abuse can allow the threats to escalate into outright assaults. These symptoms rear their heads long before bruises, broken bones and excuses. If you are in a potentially abusive relationship, or suspect someone close to you is, knowing what to watch out for just might save his or her life, or yours. (more…)

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