Law Offices of Michael T. Nolan, Jr.

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Lawsuit seeks review of more than 20,000 DWI cases

Once arrested for and charged with driving while under the influence, New Jersey drivers can face a challenging road. A drunk driving conviction can haunt a person for years by establishing a criminal record that may show up on background checks for jobs, housing, loans and more. This is in addition to the possibility of spending time in jail, paying fines and losing the right to drive for a while as well.

Today, more than 20,600 people charged with DWI offenses starting in 2009 may soon find their cases under legal review. The call for this comes via a lawsuit filed in a federal district court alleging that the data used in the cases may not be able to be deemed accurate. A sergeant with the New Jersey state police is accused of having improperly calibrated multiple breath test devices and potentially making up data for the required recalibrations. The units are believed to have been used in at least five counties around the state.

The lawsuit puts forth the idea that the defendants' right to due process, guaranteed under the 14th Amendment to the U.S. Constitution, had been violated by the use of devices improperly calibrated by the sergeant. A potential overturning of convictions may be sought and might include refunding fines, expunging records and more.

This situation exemplifies one of the ways that talking with an attorney after an arrest may be beneficial for New Jersey residents. Defendants should be treated fairly and have their rights respected through the criminal process.

Source: NJ1015.com, "20,000 DWI cases called into question in NJ: is yours one of them?" Sergio Bichao, Nov. 2, 2016

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Law Offices of Michael T. Nolan, Jr.
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