On Nov. 6, Jason C. Pollack, P.C. held a DUI/DWI Seminar for New Jersey legal professionals. This program was approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey. In this seminar, Mr. Pollack introduced attendees to current events that could affect the DUI/DWI field and change how legal professionals successfully defend their clients.
Mr. Pollack is a trusted DUI attorney in the Gloucester County area and beyond. He has been recognized for his work in the field of DUI/DWI by numerous organizations, including Manta and AVVO. He has also appeared on CBS Philadelphia TV.
Issues with the Alcotest 9510
Most DWI defense attorneys in Burlington County are well aware that breathalyzers are not fully reliable. The Supreme Court of New Jersey just ruled in a case involving incorrectly calibrated breathalyzers — creating an opportunity for more than 20,000 New Jersey DUI/DWI convictions to be challenged.
Experts have noted that Alcotest 9510, which is used in New Jersey, has flaws in its source code. These flaws could lead to incorrect breath test results and calibration issues that could cause false positives. If the machine is not correctly calibrated and operated by a certified officer, then its results may be challenged.
Marijuana Legislation and Its Effects on DUI
Ten states have legalized marijuana for recreational use. New Jersey, which has already legalized medical marijuana, is moving toward full legalization, as well. A DUI/DWI involving the use of drugs is often harder to prove than one involving alcohol since there is no equivalent breath test.
Therefore, state law enforcement is training more officers as Drug Recognition Evaluators (DREs). These officers are trained to perform a 12-step evaluation to determine whether the driver was under the influence of drugs or prescription medications. Unfortunately, this test is highly subjective.
DRE (Drug Recognition Evaluator) Mock Cross Examine
During this seminar, Mr. Pollack led attendees through a mock cross-examination of a DRE. Typically, a defense attorney might bring up issues, such as:
- Signs of drug use that were not present
- Alternative explanations for results
- The DRE’s lack of medical training
Have You Been Charged with a DUI or DWI?
Call the Law Offices of Jason C. Pollack, P.C. today at 856-210-9532.