DWI Defeated by 20 Minute Observation Rule
“I handle DWI cases regularly, all throughout NJ. I use several advance DWI defense strategies that can lead these cases to be dismissed, and thrown out of court entirely.”
The story below is just one of many DWI case victories. I strongly recommend that watch our video series on How To Beat DWI in NJ to learn more about how I can potentially beat your case. For any other questions you might have about DWI in New Jersey, please click here.
I successfully represented a client recently in Morristown Municipal Court who was charged with drunk driving. The client was charged with a first offense DWI with a .13% BAC breath test reading.
As a result, the defendant was facing a seven (7) month to one (1) year license suspension as well as several other tickets including reckless driving.
After reviewing the discovery, Travis was able to isolate a twenty-minute observation issue which led to the breath test readings being suppressed.
In New Jersey, State v. Chun requires that a law enforcement officer observe a defendant arrested for DWI for twenty (20) minutes uninterrupted just prior to the defendant submitting a breath sample on the Alcotest machine. The reason for this twenty-minute observation period is that if a defendant eats anything, chews gum, smokes a cigarette, vomits, etc. then the defendant’s mouth alcohol level will be affected and the breath testing machine will not produce a reliable breath reading.
Based on this issue, our client received a three-month driver’s license suspension and all the other tickets were dismissed, pursuant to the plea agreement.