An attorney in Edison, NJ, is an experienced legal professional who provides advice on legal matters and represents clients residing in or around Edison, New Jersey, with a comprehensive understanding of the local legal system and deep knowledge of various legal areas like criminal defense, family law, personal injury, estate planning, and many more. Attorneys in Edison efficiently and effectively guide clients through complex legal matters.  If you are facing any legal dispute regarding D.W.I. and looking forward to protecting your assets, the Best D.W.I. attorneys in Edison, NJ, are there to help you in the best possible way.

Let us here understand what actual D.W.I. charges are in Edison.

The law that applies to any wrongdoing in New Jersey is N.J.S.A. 39:4-50. His legislation states that if a person is caught operating a vehicle while inebriated, they have committed a D.W.I. In DWI-related cases, the prosecution must present two elements in order to uphold any conviction.  The two elements are operation and intoxication.

Operational element

The operational element of the offense is generally easy for the prosecution to prove. They have three methods to accomplish this, and they all are often easy to prove.  The first method includes direct evidence of the operation. In this, case arises when the officer encounters the accused while operating any motor vehicle before the arrest.

The second method includes the case in which the prosecution uses the admission of any individual who was in the vehicle when the accused was operating.  The last method is where the circumstantial evidence comes into the picture. In this case, the arresting officer does not actually witness the accused operating any vehicle. Still, due to the circumstances of the vehicle and the accused condition, it is presumed that the law has been broken.  To illustrate, when the officer arrives at the accident site, he may not have witnessed the person operating the vehicle, but it is assumed that someone has driven the vehicle at the accident site.

It should be noted that, at times, only the intent to operate the vehicle will be enough to make this factor of the offense as well. The law does not require an officer to hold on till any intoxicated person to operate the vehicle to make an arrest.

Element of Intoxication

Here also, the prosecution has three methods to establish the case. The first is the sobriety evaluation. Most people are acquainted with these tests.  In this kind of evaluation, individuals are asked to recite the alphabet or are given the task of walking straight in line or balancing on one leg.

Officers are also at their disposal to use the breath test to have proof of intoxication.  In the State of New Jersey, the breathalyzer used is the Alcotest 7110, produced by Draeger Industries. The results of this test are accepted based on the landmark decision of State vs. Chun by the Supreme Court. Although officers are required to follow the extremely precise procedure, the reliability of the results can be drawn into question by the Best DWI Attorney in Edison NJ.

The final method, although not commonly used by officers, is by proving that the individual was driving while under the influence of alcohol by representing the reports of blood tests. Blood test results are inflexible, but this does not stop the Best D.W.I. Attorney in Edison, NJ, from the truth.  You may avail the professional and experienced services of The Law Offices of Jonathan F. Marshall by having a free consultation related to your case.