New jersey dwi arrest without field sobriety test. what are chances of dismissal? person was parked in gas station.

Asked almost 2 years ago - Newark, NJ

officer lied in arrest report. As per three phase requirement in FST manual, officer wrote in report that vehicle was in motion and then he told to stop, but it never was in motion. arrested without miranda. bac was 0.09

Attorney answers (4)

  1. Mark M Cheser

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Green St. is a fair court for DWI. You need an experienced criminal defense attorney familiar with Newark. It sounds like a trooper stop. If so there will be some video. Call with more information.

  2. James Alexander Abate

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . See my answer to your other post of this question, which is the same as Mr. Mark's.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  3. Seth A Kurs

    Contributor Level 10

    3

    Lawyers agree

    Answered . You need to consult with an experienced attorney to review all of the discovery, and to learn from you the details of what transpired. Without more information, no valid assessment of your chances of success can be offered. Best of luck to you.

  4. Eric M. Mark

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The chances of dismissal are slim to none. The chances of winning at trial depend on the facts of the case and what can be proven. Obviously, you and the cop have different versions of events. What evidence is available (witnesses? cameras?) and the circumstances will dictate the chances of success. Much more information about location, timing, and the details is necessary to advise you properly. You will need a lawyer to handle this case if you want to successfully defend yourself.

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