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Phillip J. Murphy Attorney at Law New City Criminal Defense Attorney
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Falsely Accused Of DUI Causing Injury In Bergen County

Accusation

If you were falsely accused of DUI causing injury in New Jersey, it is in your best interests to get started with an effective defense strategy at your earliest convenience. This occurs more often than many people realize, and police may not realize that you had nothing to do with the accident. Another potential situation involves a false alcohol test. How can you fight these charges and avoid incarceration?

Stopping at the Scene of an Accident You Didn’t Cause 

Intoxicated motorists often find themselves in difficult situations after witnessing a traffic accident. If they do not pull over and wait for first responders to arrive, they face criminal penalties for leaving the scene of an accident. But if they comply with this requirement, their intoxication may become obvious during an interview with a police officer. As a result, they may be arrested and subjected to an alcohol test. A DUI citation can quickly follow.

However, this consequence pales in comparison to a wrongful accusation of actually causing the accident. If the real at-fault driver fled the scene, the police officer may arrive and assume that the intoxicated driver was to blame. They may then build a case around this assumption, and soon enough the intoxicated driver will face potential incarceration for something that they had nothing to do with.

This situation is especially troubling when you consider that many of these drivers may pull over due to their moral compass. They may realize that injured victims need help, and their decision to call 9-11 might actually save lives. In return for these ethical acts (and accepting a DUI citation in the process) they may face wrongful allegations.

Fortunately, prosecutors in New Jersey must prove a defendant’s guilt “beyond reasonable doubt.” If the intoxicated driver genuinely had nothing to do with the crash, a qualified, experienced defense attorney can call into question the flimsy evidence laid against them.

Inaccurate Breathalyzer Tests 

Another situation may involve an inaccurate Breathalyzer test. In this situation, the driver may have caused the crash – but not while intoxicated. There are numerous errors and issues that can cause inaccurate results. Even using mouthwash or using certain medications can cause a false reading that indicates alcohol consumption. Note that the presence of intoxication makes a simple traffic collision much worse if an injury occurred.

Find a Qualified, Experienced DUI Defense Attorney in Bergen County 

If you have been searching for a qualified, experienced New Jersey DWI defense attorney, look no further than Phillip J. Murphy, Attorney at Law. Remember, a DUI causing injury is a serious offense in New Jersey – and jail time is a real possibility. Perhaps the most efficient way to clear up this misunderstanding is to work alongside a legal professional. Book your consultation today to get started with an effective defense strategy.

Sources: 

casetext.com/statute/new-jersey-statutes/title-2c-the-new-jersey-code-of-criminal-justice/chapter-2c40-creating-a-hazard

nj.gov/lps/hts/alcohol.html#:~:text=In%20New%20Jersey%2C%20a%20person,of%200.08%20percent%20or%20greater.

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