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Blood Tests

Manchester NJ DWI Breath Test Defense Lawyers

A primary scientific methods for proving someone was under the influence of alcohol in Manchester Township or another Ocean County municipality is a blood test. This is a departure from the primary tool used by police, namely a breath sample, and usually arises in a N.J.S.A. 39:4-50 case where the accused had to be taken to the hospital following the stop or where drugs are involved. Our attorneys have dealt with blood tests too many times to quantify over the 100 plus combined years they have been defending those charged with DWI. They know as former prosecutors and lawyers who have successfully handled this issue many times how to attack a blood test result and persuasively present arguments that result in this evidence being inadmissible. An attorney with knowledge in this area is ready to immediately assist you, including Matthew Dorry the former prosecutor of Manchester and the majority of municipalities in Ocean County including Beach Haven, Beachwood, Berkeley, Eagleswood, Little Egg Harbor, Jackson, Long Beach, Ocean Gate, Ocean Township, Pine Beach, Point Pleasant Beach, Stafford, Surf City, Toms River, Tuckerton and South Toms River. If you would like to speak to Matt or another lawyer at Law Offices of Jonathan F. Marshall in a free consultation, contact our firm at (732) 286-6500.

Warrant Requirement for Securing Blood

In order for the police to secure a blood sample, they must either secure an informed consent for the defendant to voluntarily give the sample or obtain a warrant to force the motorist to provide one. A warrant for blood may be obtained by a judge telephonically or by other electronic means.

Establishing Chain of Custody

The police and prosecutor are required to show that the blood tested was that of the defendant. In order to fulfill this element, they must establish a proper chain of custody at every step of the process. This will involve testimony from the officer who witnessed the taking of the sample, the sample being labeled, logged into evidence at the police station and into storage pending transport for testing. The state will then present business records (e.g. chain of custody report and laboratory receipt) or live testimony evidencing how the blood was transported to the state police lab. If the prosecutor is unable to document each and every step in this chain of custody, the blood sample is tainted and cannot be used in the case.

Sample Taken in a Timely Manner

A condition to validity of a resulting blood test is a requirement that the sample was taken within a reasonable time period of operation. There is no hard and fast rule in this regard. The standard is reasonableness in terms of representing a true sample of the motorists condition at the time of operation.

Timely Objection to the Blood Test Result

The rule of law is that a blood test result is admissible at the time of trial absent timely objection. In addition, the state is not required to produce the laboratory scientist who conducted the blood test provided a proper certification/affidavit is provided concerning proper testing and the result.

Berkeley NJ Blood Test DUI Attorneys

Blood test cases in Berkeley Township and elsewhere are more complicated than those involving a breath test. The requirements in terms of documentation, evidence and testimony is much different. Hiring attorneys who are highly knowledgeable in these rules is crucial to suppressing/eliminating a blood test result. The lawyers at Law Offices of Jonathan F. Marshall possess the level of expertise to cross this hurdle. Call our office at (732) 286-6500 if you would like to speak to an attorney on our defense team immediately.

DWI Towns That We Serve
What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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