When you are pulled over and suspected of being drunk, the officer that stopped you will gather as much evidence as he or she can to support the assertion that you are intoxicated. This can involve observing your speech and demeanor, requesting that you perform sobriety tests, or administering a breath test using an Alcotest device.
After evidence is gathered, documents detailing that evidence are created and presented to the prosecutor, who will then decide how to proceed. It is critical to the integrity of our criminal justice system that the records presented to and used by prosecutors to bring legal actions against people who are accused of an illegal act are accurate, complete, and have not been tampered with. As a result, records tampering is against the law in New Jersey and can result in serious criminal penalties.
New Jersey State Police Sergeant Accused of Records Tampering
Sgt. Marc Dennis has been accused of records tampering in relation to his failure to perform a step required by New Jersey state law when he was calibrating Alcotest devices. According to a letter sent by the Office of the Attorney General to the Administrative Office of the Courts, Dennis calibrated Alcotest instruments in Middlesex, Monmouth, Ocean, Somerset, and Union Counties. Officer Dennis’s conduct has the potential to call the results of more than 20,000 cases into question.
Unreliable Evidence is Just One Potential DWI Defense
Challenging the reliability of evidence is just one of the ways that DWI defendants may be able to avoid a conviction. There are many other potential defenses that a skilled attorney may be able to raise in a New Jersey DWI case, including the following:
- Introducing evidence that you have a medical condition that can cause unreliably high breath test results or cause symptoms that resemble those of alcohol intoxication
- Challenging the reason for the initial stop
- Casting doubt on the truthfulness or accuracy of the officer’s statements
Call 732-238-8686 today for more information.
Law enforcement has a duty to handle the evidence they gather with care and ensure that any evidence that they try and use to establish someone’s guilt is accurate and reliable. When issues with the way that evidence is handled call its accuracy or legitimacy into question, it can often result in a case being dismissed completely. To have your case thoroughly reviewed by an experienced attorney, call David C. Barry today at 732-238-8686 or send us an email through our online contact form.