Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> The Disregard of Defendants’ Rights in DUI Cases

The Disregard of Defendants’ Rights in DUI Cases

While we await the return of DUI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DUI conviction. 

The best defense to a DUI is a designated driver. This is true in large part because the rules that apply in DUI cases are consistently being devised to ensure as many convictions as possible. Consider the following long-standing precedent in New Jersey.

Extrapolation evidence, i.e. evidence based on known facts and related estimations, is not admissible in DUI cases. A defendant can not introduce testimony from a witness describing how many drinks he had over a period of time in order to raise reasonable doubt of intoxication. On the other hand, evidence that a defendant regularly became intoxicated based on layperson observations at a particular bar is admissible as evidence of habit to prove intoxication at the time of a car accident.

Drunk driving defendants can not challenge alcotest evidence based on the fact that people have broadly divergent ratios of breath alcohol relative to blood alcohol. 

It is legally acceptable that the alcotest can wrongfully convict approximately 2.3% of suspected drunk drivers. 

Proof of a .08 alcotest reading, not proof of a .08 blood alcohol concentration, establishes a per se violation of the DUI statute.

A DUI is a motor vehicle violation in New Jersey. It is not an offense under our criminal code. Thus, the code’s defenses, including involuntary intoxication, do not apply in DUI cases. That means that if someone drugs you without your knowing and you end up driving or attempting to drive, you can not use the crime committed against you as a defense in a DUI case. Drugging someone without their knowledge is an aggravated assault under our criminal code.

To convict a defendant of DUI, the State may use evidence obtained in violation of the patient-physician privilege.

These examples are not meant to suggest that DUI cases can not be won. They are meant to impress upon you the importance of using a designated driver. Or, if you fail to do so, the next best choice is to hire the most qualified attorney.

Stay tuned for additional checkpoint alerts and tips. Have a great week-end!

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Permits to Carry and Sensitive Places (Part 1)
  • Drug Recognition Evidence (Part 6)
  • Drug Recognition Evidence (Part 5)
  • Drug Recognition Evidence (Part 4)
  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish