NJ DUI- Charged Without Officer Observation
- March 9, 2012
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In State v. Maclay the NJ Court held, when the only evidence of against the accused in a drunk driving case was driving or that the driving was erratic or unusual was from a 911 call, the accused has the right to view the 911 transcript and cross-examine the witness.
This decision offers opportunities for acquittal in NJ DUI/DWI matters. Often there is operation in front of an officer but in a case where operation is terminated prior to observation by an officer and the only observation of operation was by a witness not trained in DUI/DWI observation there is substantial opportunity for a good defense attorney to challenge what it was that witness actually observed. For example, erratic driving may be a result of texting while driving and, while illegal and dangerous, texting and driving certainly has no correlation to an under the influence charge. An experienced attorney will examine the facts and can tell you if the evidence used against you is admissible.
The Morris County Chief’s Association operated numerous checkpoints in December 2011. Morristown, Teaneck, Newark, Orange, South Orange, Union City, Elmwood Park, Irvington, East Orange, Hopatcong, Parsippany have all set up sobriety checkpoints or publicized programs to crack down on DUI within the last few months. Strict criteria are established for such police activity but citizens observing erratic driving are not subject to the same criteria.
A DUI in Morris, Essex, Bergen, Passaic, Hudson, Sussex or Warren County will be taken seriously by the court and should be taken seriously by you. If you are charged with DUI/DWI in northern NJ you should consult an experienced attorney immediately to insure that your rights are protected. For more information on DUI/DWI in NJ visit HeatherDarlingLawyer.com