A Lakewood man who was allegedly driving under the influence when he struck a pedestrian with his car, was recently arrested charged with DUI. Authorities said he may face additional charges in the coming days.
According officials from the Lakewood Police Department, 23-year-old Lakewood resident Ever Espinoza was arrested shortly after 11:30 p.m. on Saturday, September 2nd, on Ocean Avenue. Espinoza was allegedly driving under the influence in the vicinity of Pearl Street when his vehicle collided with a pedestrian, leaving the victim seriously injured.
Espinoza was arrested at the scene, while the pedestrian was transported to Jersey Shore University Medical Center in Neptune to receive medical care. The victim’s current condition remains unknown. Lakewood authorities said the investigation is ongoing and additional charges may be filed in connection with the incident.
Now, Espinoza is facing serious charges for DUI in Lakewood. Driving under the influence in New Jersey can refer to drunk driving, also known as driving while intoxicated, or driving under the influence of drugs, often referred to as “drug DUI.” The distinction between these two types of driving under the influence is important, as it determines the way in which the State must prove its case, as well as the potential penalties associated with a conviction.
How does the State Prove a DUI Case in New Jersey?
In driving while intoxicated case, there are two typical forms of evidence used to prove beyond a reasonable doubt that a person was, in fact, intoxicated while operating a motor vehicle. The first is Standardized Field Sobriety Tests, which are performed on the side of the road to assess whether a driver is intoxicated. The second is a breathalyzer test, specifically the Alcotest 7110 device, which measures the driver’s blood alcohol concentration (BAC). If the BAC registers over the legal limit of 0.08%, the person is presumed to be legally intoxicated. Fortunately, there are many DWI defense strategies that an experienced DUI defense lawyer can use to undermine the validity of breath test readings and field sobriety test results.
As for driving under the influence of drugs in New Jersey, prosecutors typically use the results of blood tests or urinalysis, as well as the report of a Drug Recognition Expert (DRE) to prove their case against a DUI defendant. However, lab results can present an arguable issue because controlled dangerous substances like marijuana can remain in a person’s system for up to a month after initial ingestion. Moreover, although DRE’s are specially trained to evaluate potentially impaired drivers using a variety of observable signs, a knowledgeable DUI attorney knows what to look for when seeking to challenge a DRE report.
Lakewood DUI Attorneys Combat Driving under the Influence Charges
At Proetta & Oliver, our highly skilled DUI defense lawyers regularly represent clients charged with driving under the influence of drugs and driving while intoxicated in Lakewood Township and throughout Ocean County. Our firm’s founder, William Proetta, is a trained and certified Alcotest operator, as well as a certified field sobriety instructor. He employs these unique credentials to identify weaknesses in the State’s case against our clients charged with DUI and is often able to have evidence deemed inadmissible in court, utlimately having the charges dismissed altogether. If you have been arrested on DUI charges in Lakewood or elsewhere at the Jersey Shore, contact our offices in Toms River at (848) 238-2100 for additional information and a free consultation.
For additional information regarding this specific case, access the following article: Lakewood man arrested after crash injures pedestrian