NJ law does not allow attorneys to enter into plea negotiations with prosecutors in DUI cases. Attorneys, therefore, actively seek out technicalities to get DUI cases dismissed. The officer involved in one of the cases in the article below had a prior DUI dismissed. Now, in the aftermath, are we being too lenient in DUI cases? Should anyone be able to get off on a technicality?

As the law stands in New Jersey, technicalities such as failure to obtain a warrant to draw blood, use of an alcohol swab instead of iodine in drawing blood, improper maintenance blood testing machinery, and failure to read Miranda Warnings to a possible DUI offender can get a case dismissed. The recent rash of DUI's involving officers has put a direct spotlight on the use of technicalities by defense, attorneys, to dismiss DUIs has come under fire.

There must be a balance in the interests of the public to have DUI offenders prosecuted and the rights of these potential offenders to be treated uniformly according to the laws that have been put in place and fairness.

http://www.nj.com/union/index.ssf/2015/04/get_out_of_dui.html#incart_most-read_mercer_article