Clifton, NJ criminal defense attorney Peter G. Aziz explains how you can challenge a DUI charge in New Jersey. He explains that the most common way to challenge a DUI charge in New Jersey is by challenging the traffic stop itself. The vast majority of DUI cases begin with a police officer pulling someone over while driving. By scrutinizing the validity of the stop, an attorney can potentially have all evidence obtained as a result of that stop excluded under the fruit of the poisonous tree doctrine.

For example, if an officer claims the driver ran a red light, conducts field sobriety tests, and administers a breathalyzer that shows a blood alcohol level above the legal limit, a DUI charge may follow. However, if the driver did not actually run the red light, and the officer lacked proper authority to initiate the stop, all evidence from that stop could be thrown out, often leading to dismissal of the case. An experienced criminal attorney carefully examines the circumstances of the stop to ensure it was lawful, as an improper stop can be grounds to have the entire DUI charge dismissed.