NEWARK, NJ - Individuals facing DUI charges in New Jersey may have multiple opportunities to challenge the prosecution's case when police procedural errors or constitutional violations occur. New Jersey DUI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/signs-that-a-dui-case-is-weak/) outlines the critical weaknesses that can undermine DUI prosecutions throughout Jersey City, Hudson County, and across the state.
According to New Jersey DUI defense attorney Rachel Kugel, illegal traffic stops represent one of the most significant vulnerabilities in DUI cases. New Jersey law requires officers to have a reasonable, articulable suspicion of a motor-vehicle violation or criminal activity before initiating a traffic stop. "When a stop lacks legal justification, everything that follows becomes vulnerable to suppression under the exclusionary rule," explains Kugel. Dashboard camera footage and surveillance video often contradict officer claims of weaving, speeding, or equipment violations.
New Jersey DUI defense attorney Rachel Kugel emphasizes that breath test results can be inaccurate due to calibration failures, operator errors, or device malfunctions. The state uses the Alcotest device, which requires strict procedural safeguards, including a mandatory 20-minute observation period. Officers must continuously observe the subject for 20 minutes before testing to eliminate mouth-alcohol contamination from eating, drinking, smoking, belching, or vomiting.
Attorney Kugel notes that field sobriety tests depend heavily on proper administration and fair conditions. The National Highway Traffic Safety Administration endorses three standardized tests: horizontal gaze nystagmus, walk and turn, and one-leg stand, which have documented accuracy rates only when officers follow exact protocols. Environmental factors such as cold temperatures, rain, uneven pavement, poor lighting, and loud traffic all affect performance. "Medical conditions, including inner ear disorders, knee injuries, back pain, and neurological conditions, can prevent someone from completing physical tasks regardless of sobriety," Kugel adds.
Video evidence provides objective documentation that can contradict officer testimony. Dashboard cameras, body cameras, and surveillance footage capture actual events rather than subjective interpretations. The footage can reveal normal driving patterns that contradict allegations of weaving, clear speech when officers claimed slurred words, and proper balance when reports allege stumbling.
The firm examines blood test results for errors in collection, storage, transportation, laboratory handling, and chain-of-custody gaps. Blood samples can ferment if not properly preserved, creating alcohol where none existed. Contamination during collection or analysis can lead to false-positive results.
Constitutional violations during DUI stops and arrests can lead to suppression of evidence or case dismissal. The Fourth Amendment protects against unreasonable searches and seizures, while the Fifth Amendment protects against self-incrimination. "Stops without reasonable suspicion, arrests without probable cause, searches without consent or legal justification, and interrogation without Miranda warnings are common constitutional violations that weaken prosecutions," Kugel observes.
For those facing DUI charges in New Jersey, identifying weaknesses in the prosecution's case can lead to reduced charges or dismissals. Individuals are advised to seek experienced legal counsel to examine every detail of their arrest and testing procedures.
About The Kugel Law Firm:
The Kugel Law Firm is a Newark-based law firm focusing exclusively on DWI and DUI defense throughout New Jersey and New York. Led by attorney Rachel Kugel, a member of the National College of DWI Defense and the DUI Defense Lawyers Association, the firm represents clients in Hudson County Municipal Court, Jersey City Municipal Court, and courts throughout New Jersey. For consultations, call (973) 854-0098.
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Phone: (973) 854-0098
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Website: https://thekugellawfirm.com/
