A 47-year-old Atlantic Highlands woman is facing DWI charges after a crash in Wall Township. The Nov. 21 incident occurred at approximately 8:34 p.m. as she tried to move from Interstate 195 onto Route 34. She then reportedly collided with another vehicle.
The driver of the other vehicle suffered minor injuries and was taken to an area medical center for treatment. Both fire department and first aid personnel in the area responded to the scene. Traffic was disrupted as northbound lanes were closed on Route 34 for a short time after the accident. The accused driver, meanwhile, was charged with DWI and assault via automobile before being released. Reports did not indicate what field sobriety testing or other evaluation was conducted to assess the woman’s possible impairment.
Impairment may be evaluated through field sobriety testing, as a driver is given directions and assessed on physical responses. However, the New Jersey Motor Vehicle Commission notes that to obtain scientific evidence of DWI, blood alcohol concentration must be determined. This may be accomplished with breath testing or through the collection of a blood sample. If chemical testing is not conducted or questionable methods are used, a defendant in a DWI case might rely on a lawyer to argue for related charges to be dropped or changed.
In a DWI case with scientifically sound evidence for a BAC in excess of the legal limit, a lawyer might use a client’s lack of a prior record to negotiate for lesser charges or penalties. An agreement to participate in an educational program, for example, might allow a first-time offender to obtain lesser penalties.
Source: State of New Jersey Motor Vehicle Commission, “DUI: Driving Under the Influence”
Source: NJ.com, ” Atlantic Highlands woman charged with DWI in Wall Township crash”, MaryAnn Spoto, November 22, 2014