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!

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Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
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Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
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For the people. For the little guy My legal bully
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Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
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The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
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Very knowledgeable with expungement!!! Thanks again!!!
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Like clockwork thank you for all the info
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I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
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Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
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Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
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