You have many defenses based on your version of the facts. Probable cause. Search and serizure. Observations. Lab test challenges. DRE credentials. These defenses are just a few of the many you may have. I suggest you contact a lawyer about this matter. A 3rd conviction or DWI in NJ carries a mandatory jail sentence of 180 days.
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Based on your facts, you have many defenses to the charges. As a person with two convictions, I'm sure you understand the serious consequences of a third conviction and the importance of retaining a lawyer to get what appears to be a BS charge thrown out. Call me for a free consultation.
This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.
As you're aware, a 3rd conviction for DUI subjects you to a mandatory 180 days in the County jail as well as other fines and penalties. However, it sounds like you have many viable defenses in this case. Please call me or contact me through my website.
Law Office of Jay M. Arnesen
Jay M. Arnesen, Esq.
Take some time and consult with a few attorneys that do a good number of DUI cases each year. Once you have met with the attorneys, hire the one that you feel has the best grasp of your case. The facts as you have presented them raise quite a few issues. Make sure you have an attorney that will take the time to explore all of those issues.
Note: For informational purposes only.
As my colleagues have previously expressed, you face 180 days in jail as well as ten years loss of licence for a third offense. You definitely need an attorney. However, based on your version of the facts, I believe you have you have multiple valid defenses. I have many years of successful experience in municipal courts throughout NJ. You may call me at 908-787-2638 for a free consultation.
This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.