Using An Expert in NJ DWI case
If you are defending against a DWI charge in DWI, it is common for your attorney to use an expert to refute the state’s allegations and proofs that you were intoxicated. An adult proven to be above .08 blood alcohol level is per se intoxicated under the law but the level can be disputed and that’s where an expert comes in. The NJ Supreme Court in State v. Chun found that Alcotest 7110 is reliable but placed the burden of proof on the State in each case to prove that the device was in working oder and had been inspected according to procedure and that the test was administered according to official procedure. The Alcotest saves records (data downloads) about its operation not found on the Alcohol Influence Report that is given in discovery. These records may reveal reasons to have the per se intoxicated readings excluded. If you have not yet retained an attorney to defend you in your DWI case, call us today at 732-223-8480. ~Thomas P. Ehrlich, Esq.