BSPE Legal Marketing Podcast
BSPE Legal Marketing podcasts discuss legal issues. Entertainment only does not constitute legal advice.
BSPE Legal Marketing Podcast
What Are the Signs That a DUI Case Is Weak? - Rachel Kugel
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
From The Kugel Law Firm - What Are the Signs That a DUI Case Is Weak? explains how DUI and DWI cases in New Jersey can break down when key steps in the stop, testing, or arrest were handled improperly. The episode focuses on the most common red flags that can undermine the prosecution, including illegal traffic stops, testing errors, and procedural violations that create real leverage for the defense.
You will learn how reasonable suspicion and articulable facts are required before an officer can pull you over, and why a stop without a valid legal basis can trigger the exclusionary rule and the fruit of the poisonous tree doctrine. The discussion also covers how dashcam footage, body camera video, and nearby surveillance can contradict claims of weaving, speeding, or equipment violations, and how inconsistencies in police reports and testimony can weaken the case.
The episode breaks down field sobriety testing problems, including improper administration and conditions that make performance unreliable. It covers the NHTSA standardized tests, horizontal gaze nystagmus, walk and turn, and one-leg stand, and explains how poor lighting, uneven pavement, weather, traffic noise, age, body mass, and medical conditions like inner ear disorders, knee injuries, back pain, or neurological issues can affect results even when a driver is not impaired.
You will also hear how breath and blood testing can be challenged in New Jersey, including strict Alcotest procedures recognized in State v. Chun, the importance of the 20-minute observation period, and issues tied to calibration, maintenance, operator steps, blank air tests, and control tests. The episode closes with officer conduct issues, including probable cause for arrest, implied consent warnings, Miranda concerns during custodial interrogation, and blood sample chain of custody problems such as collection errors, storage failures, transport delays, and laboratory mistakes. Call The Kugel Law Firm at (973) 854-0098 to discuss your situation with Rachel Kugel.
The Kugel Law Firm
1 Gateway Ctr # 2600, Newark, NJ 07102, United States
(973) 854-0098
https://www.google.com/maps?cid=3822170752710866861