5. Stopping a vehicle for no reason at all.
In many cases the police are really on a “fishing expedition†to try to arrest as many DWI drivers as possible. This type of attitude is especially prevalent on weekends and in the summer. The police must have a valid reason to stop a driver. The common reasons to justify a valid stop are for speeding, weaving, or for an improper turn. If the police have not issued a moving violation to a DWI driver, then in many cases the DWI case will be dismissed because there is no probable cause.
6. Not having their alcotest operation certificate renewed.
A police officer must be qualified by the Attorney General and by the New Jersey State Police to operate and administer an alcotest machine. A police officer who seeks to administer an alcotest(s) must be certified. The certification is essentially a licesnse to conduct breath tests. Like any license it has an expiration date. An alcotest operator’s certificate is only valid for the year in which it is issued, and for the following two years. N.J.A.C. 13:51-1.8(a). In many cases, especially in high crime townships, the police do not keep their breathalyzer certifications up to date.
7. The alcotest machine has a history of malfunctioning.
A lawyer should always check out the certificates of the alcotest machine. If the DWI case has a marginal BAC reading, and if the alcotest machine has a history of being unreliable, then this fact can assist the defendant to win the case.
8. The police fail to read DMV Standard Statement 36 to the DWI driver.
The DMV Standard Statement 36 is an eleven-paragraph page that must be read to all DWI drivers. The police will then ask the DWI driver to sign at the bottom of the statement. If the police do not read the entire DMV Standard Statement 36 to the DWI driver, then in many municipal courts they will dismiss the case. This is a great defense, and it should not be overlooked.
9. Proper Operation of the Alcotest machine.
The Alcotest 7110 is alleged to be foolproof. Nonetheless, currently there are still many requirements that the police officer must comply with to properly operate the alcotest machine. In a DWI case the prosecutor must demonstrate that the alcotest machine was used in accordance with these accepted procedures. The prosecutor must demonstrate that the alcotest machine was properly operated by the police officer who conducted the breath test.
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