Fair Haven DWI Lawyer

Hiring an experienced Fair Haven DWI lawyer is the most important decision you can make if you have been charged with DWI under N.J.S.A. 39:4-50 or refusal to submit or consent to a breath test under N.J.S.A 39:4-50.2. The value of a knowledgeable Fair Haven DWI lawyer is two fold. First, I will obtain all of the evidence that the Prosecutor seeks to introduce against you and evaluate same. Second, I will be in a position to file Motions to dismiss your charges if applicable or try your case aggressively and properly to the Judge that will be deciding your fait.

DWI Lawyer Thomas H. Martin has tried DWI cases all over New Jersey and has been successful on multiple occasions in having client’s DWI charges dismissed without even the need for trial. The first thing I do when I have been retained as a Fair Haven DWI attorney is to obtain all of the evidence for and against you. I then analyze it looking to spot multiple issues or problems for the Prosecutor. First and foremost, I want to see if the police can actually establish that you were operating a motor vehicle. The issue of operation is fact sensitive. For instance, the Courts have held that being in a car with the motor running to be operation in one case (intent to drive). However, in a separate case, they found that being behind the wheel with the car running was not operation in another case (no intent to drive-car was running solely to keep the person warm). As you can see operation is not such a straight forward issue. If there is reasonable doubt as to whether you operated your vehicle, then the Judge must find you not guilty.

The next issue I examine in your Fair Haven driving while intoxicated case is whether the police had a reasonable and articulable suspicion to stop your vehicle. The Police simply cannot stop your car because you are the only car on the road after the bars let out. What this means is that the police must believe that you have committed a motor vehicle offense, or are about to commit a crime, or the police are acting in their role as a commuter caretaker before they can stop you. One example of an invalid stop was where the police were behind an individual at a red light. When the light turned green, the motorist did not commence driving for 5 to 10 seconds. State v Cryan. The Court ruled that the police did not have a valid excuse to stop the vehicle and ruled the stop unconstitutional. As such, all evidence obtained after this stop, i.e. physical observations, breath tests, etc. were ruled inadmissible by the Court.

The next issue in your DWI case is whether the police have a reasonable and articulable suspicion to have you perform the Standardized Field Sobriety Tests (SFTS). There are three tests that actually are considered part of the SFTS’s. They are: (1) the walk and turn test; (2) the one leg stand test; and (3) the HGN test-eye examination). Based upon your performance on same, the police may or not may not have a legal basis to arrest you. DWI Attorney Thomas H. Martin is well versed in these tests and knows what to look for. In addition, if my clients can afford it, we mutually retain an expert (a former New Jersey State Police Test Coordinator) to evaluate whether the arresting officer(s) performed the SFTS’s properly. If they didn’t then the arrest and DWI breath results may be ruled inadmissible (thrown out). Further, if the case gets to trial, the expert can raise reasonable doubt as to the Prosecutor’s case or efforts to prove you were drunk based upon his or her physical observations of you.

If you have been arrested and are being brought to the police station for a breath test, there are multiple issues that can be exploited to have your breath tests excluded as evidence. The following examples are illustrative and not exhaustive. They are: (1) was the test performed in a reasonable amount of time after the arrest; (2) was the officer certified to conduct the Alcotest; (3) was the test performed according to proper protocol; (4) did the officer implement the test properly; (5) did the officer observe you for 20 minutes to make sure you didn’t introduce alcohol into your oral activity via burp or gas prior to you taking the test; (6) did the officer change the mouth piece after each test he administered; (7) was the machine calibrated properly; (8) were there electronic devices with in the test area; (9) were the test results within the required tolerance range; (10) did the repair records reveal that the machine was not working properly prior to your test; and (11) did the prosecutor turn over all evidence in a timely matter.

The list can go on ad infinitum, but these are some of the main issues Thomas H. Martin, Esq. and his experts can address which can help you defeat your Fair Haven DWI. While I did not address a DWI based upon being under the influence of drugs, many of these same issues would be applicable. If you have been charged with a DWI in Fair Haven and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 or view our website at www.jerseycriminallawyer.com.



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(732) 431-2224


210 Broad Street; Suite 2B, Red Bank, NJ 07701

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