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!

Passion Provocation and Self-Defense
Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
Google star 1Google star 2Google star 3Google star 4Google star 5
Me Sisto went above and beyond for my case I couldn’t be happier with the outcome. If you’re looking for someone to represent you Mr Sisto will knock it out of the park for you. Thank you Thank you Thank You!
Tony L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was extremely helpful and knowledgable. He made the whole process as painless and easy as possible.
Toli C
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional and knowledgeable, also awesome communication and very down to earth guy. Would highly recommend to anyone. Matter was resolved with the best possible outcome that I could've hoped.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Great information sharing.
Phil S
Google star 1Google star 2Google star 3Google star 4Google star 5
Professional, knowledgeable and responsive. I would highly recommend Fritz to any friend or family members.
William S
Google star 1Google star 2Google star 3Google star 4Google star 5
Thanks for sharing this information.
Joe F