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Evidence Admission of DUI in New Jersey

In order to prosecute you for a DUI, the arresting officer must prove certain elements of the traffic stop and arrest, in order for any evidence obtained during your arrest to be admissible evidence. The police officer must have had reasonable suspicion that a crime was or was about to be committed, he must have probable cause to show that your arrest was reasonable and that a cautions person would believe that a crime had been committed, he must also have read you your Miranda rights and allowed for you to have an independent chemical test. If the foregoing situations exist, then the police officer can place his observations of any evidence of intoxication into a police report and this evidence may be used against you.

In New Jersey, if probable cause exists, the police may request samples of your breath, urine or blood to determine whether you were driving under the influence of drugs and/or alcohol. For blood results to be admissible, the state must show that a qualified person drew the blood sample in a medically acceptable manner. If you were injured and you had blood drawn by medical personnel, the results of any analysis done by the hospital is confidential. If challenged, the state must establish that the blood sample was properly preserved and that the test results are reliable.

Also, the police must properly observe you for twenty minutes prior to administering a breath test in order the for results to be admitted into evidence. If you were left alone in the police car or at any time in the police station prior to breath testing, you may be able to prevent the test results from being admitted as evidence in trial.


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