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Search for New Jersey DWI
Attorneys by County.
Teaneck, Toms River, Trenton, Union City, Wayne, Westfield, West New York, Williamstown,
Woodbridge, Woodbury, Wood Ridge DWI Lawyers
Teaneck
- Benjamin Kelsen:
Proving a Charge of Drunk Driving
The basic thrust of the drunk driving laws is that they are to prevent operation of a powerful machine when a person is too intoxicated to have adequate control of the machine. The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol or illegal drugs, or (2) showing that the person was impaired. The first method is the one most often used. It does not rely on anyone's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or drugged while driving to give a sample of his or her breath or blood for testing. This so-called "implied consent" comes about because the statute provides for it whenever a person gets a driver's license. Once the sample is given, it is analyzed by a machine that measures the concentration of alcohol in a person's blood. One common limit for blood-alcohol content is .10 percent, although in recent years there has been a push to lower that limit to .08 percent. Any person who tests over the limit is legally intoxicated. The only way to challenge the charge is to show that there was some failure in the test procedure, such as a malfunctioning machine, improper sampling, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence.
Proof of impairment may also be based on the facts and circumstances surrounding the incident. This type of proof is based on eyewitness testimony, statements of the defendant, and circumstantial evidence. The actual amount of alcohol in a person's bloodstream is irrelevant, since the focus is on whether the ability to drive has been impaired. Standard police tests for impairment, called "field sobriety tests," include having the defendant walk a straight line with one foot placed precisely in front of the other, closing the eyes and standing with arms held out from the body and touching the tip of the nose when instructed, reciting the alphabet, and counting backwards. Other signs of impairment come from the officer's observations of the defendant's driving, which often lead to the stop. Driving too fast or too slowly, weaving from lane to lane, and going through stop signs have all been used as evidence of impairment. A statement by a driver about how much he or she had to drink, and how recently, can also be used as evidence of impairment when supported by testimony about the probable effects of that amount of alcohol ingested at that time on a person's physical abilities.
Toms River
- David Semnchik:
Municipal court prosecutors rarely pay you the respect you deserve when you are summoned to court for a traffic violation. You may be treated like a criminal and forced to spend your whole day in court for violations, including driving while intoxicated, driving without insurance, driving while on the suspended list or with a revoked license, speeding, careless or reckless driving, or any other matter handled in municipal court. You need an experienced municipal court lawyer to get you the best deal* out there and get you in and out of court in the least amount of time.
- Douglas Munday:
A criminal conviction will change your life forever. Statements you make during a criminal investigation can be critical to your defense.
- Secare, Delanoy, Martino & Ryan :
The Fourth Amendment's exclusionary rule allows courts to prohibit the
government from using, in jury trials, evidence recovered from illegal
searches or seizures. The exclusionary rule is not automatically
applied in every Fourth Amendment violation. Rather, the Supreme Court
has stated that the rule should only take effect where "the remedial
objectives of the rule are thought most efficaciously served." More
specifically, the rule is usually applicable when its application
results in a "deterrent effect" against unlawful searches and seizures.
- Russell Cheek:
Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving while intoxicated. A conviction on DWI charges will result in fines and possibly jail time. In addition, your insurance company may increase your rates. In defending against a DWI charge, you have many rights, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference.
- Quinones & Cipoletta:
A conviction on DUI / DWI charges will result in fines, driver's license suspension or revocation, and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level.
- Gary Mundy:
When a police officer discovers
through a mobile data computer that
a vehicle is registered to someone on the revoked list, and
when the driver generally matches
the description of the registered owner, the officer may make
an investigatory stop of the
vehicle based upon his reasonable suspicion that the drive is
unlicensed. However, an officer
cannot stop any person
operating a car, when the owner
does not have a valid license. A general description of the owner
of the car, matching the operator
of car is required.
Trenton
- Richard J. Piepszak:
Conviction of an offense handled in municipal court can carry jail time, fines, or even loss or suspension of your driver¹s license. Losing your license is not only inconvenient‹it is expensive as well. You must find alternate means of transportation, and if you are allowed to get your driving privileges back you will have to pay a substantial fee to the New Jersey DMV. The best course of action is to prevent license suspension or revocation in the first case by choosing us to represent you as as soon as you receive the ticket or complaint.
In addition, a conviction of driving under the influence (DUI) can carry substantial jail time, depending on the severity of the offense and whether it is your first, second, or third conviction. Sometimes, a DUI conviction can result in your license being revoked without any reasonable probability of having it again in the future. In order to present an effective DUI defense, attorneys must be familiar with the equipment used by the police to measure blood alcohol content (BAC), the psycho physical tests, and with the intricacies of the application of DUI laws in New Jersey.
- Donini & Ramsey:
Think a DWI, or other license suspension in New Jersey, won't
affect you at home? Wrong again! If you lose your license in New Jersey,
your own state
will take your license away once you get home.
- Jerrold
Kamensky:
If you are charged with Driving Under the Influence,
it is strongly suggested that you receive proper legal representation from
a lawyer.
Union City
- Faro & Portanova:
consequences of a drunk driving conviction in New Jersey are serious and may include:
- Alcohol highway safety school
- Arrest and alcohol treatment costs
- Cancellation of insurance
- Community service and probation
- Criminal record
- Fines and forfeitures
- Increased insurance rates
- Jail or prison sentence
- Suspension or loss of driver's license
- Vehicle impoundment
Voorhees
- Jerrold Colton:
The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests.
However, the U.S. Supreme Court has held that an officer may arrest an individual without a warrant if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.
Wayne
- Wisotsky & Rosenberg:
All lawyers involved in the criminal justice process, whether they are prosecuting or defending, must adhere to a complex set of rules of criminal procedure to ensure a fair trial. Because of this complicated procedure, only lawyers experienced in criminal defense law can effectively navigate the intricacies of the criminal justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before police interrogation begins. The police have the obligation to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have seen these warnings-often called "Miranda" warnings based on the case that made them mandatory-in television "cop" shows and crime dramas.
Westfield
- Robert Stahl:
The U.S. Constitution grants an accused the right to "a speedy and public trial, before an impartial jury" in "all criminal prosecutions." The alternative to a jury trial is a "bench" trial; i.e., a trial by a judge. In a jury trial, the jury determines facts and applies legal principles to reach a verdict. In a bench trial, however, the judge decides virtually everything.
- Francis
Smith:
Drunk driving is a criminal charge. Conviction of driving while
intoxicated in the State of Maryland can
result in a sentence of four years in jail and a
$4,000 fine. In addition, a convicted drunk driver may have
his license revoked by the Motor Vehicle
Administration and his insurance rates are likely to go up
dramatically.
- Garrubbo, Romankow, Rinaldo
& Capece:
You can represent yourself -- although it is not a good idea. "Drunk
driving" is a very complex field with increasingly harsh consequences.
There is a minefield of complicated procedural, evidentiary,
constitutional, sentencing and administrative license issues.
What can a lawyer do? Nothing (or worse) if he is not qualified in this
highly specialized field -- no more than a family doctor could help
with brain surgery. A qualified attorney, however, can review the case
for defects, suppress evidence, compel discovery of such things as
calibration and maintenance records for the breath machine, have blood
samples independently analyzed, negotiate for a lesser charge or
reduced sentence, obtain expert witnesses for trial, contest the
administrative license suspension, etc.
West Collingswood
- Michael Miller:
In order to obtain relief based on a claim of error, the defendant must generally "preserve" the claim of error by making a timely objection. In the absence of a timely objection, a claim of error becomes "unpreserved" and the standard for reversal is the plain error standard.
Under FRCP 52(b), courts may consider "a plain error that affects substantial rights...even though it was not brought to the court's attention." The U.S. Supreme Court has interpreted the plain error standard to mean that an error must have "substantial and injurious effect or influence in determining the...verdict." Further, the Court has required defendants seeking relief based on plain error to show "a reasonable probability that, but for [the error claimed], the result of the proceeding would have been different."
West New York
- Ortiz & Paster:
It is important that you preserve your rights while protecting your reputation, regardless of the offense.
Williamstown
- John Luby:
A drunk driving case can easily be one of the most challenging for the
Municipal Court attorney. Both for society and individual, there is a great
deal resting on its outcome. Rather than attempt to enter into a full depth
discussion of driving while under the influence of alcohol or drugs, it is
highly recommended that you call this office immediately for a free
consultation.
Woodbridge
- Richmond &
Burns:
The penalties for being found guilty of (or of pleading guilty to)
driving while intoxicated are severe. The include: a) a minimum six month
loss of all driving privileges. (There is no work license permitted in the
State of New Jersey.), b) fines payable of approximately $700, c) state
insurance surcharges of $3,000 payable at the rate of $1,000 per year for
three years. Additionally, one can expect his automobile insurance to
increase approximately $1,000 per year for three years depending on the
particular company providing the coverage.
Currently the State obtains a conviction in 86% of the cases where a
driving while intoxicated ticket was written. An individual who receives
a driving while intoxicated ticket has two choices: To plead guilty and
instantly become part of the 86% conviction rate, or to fight the charges.
Woodbury
- Lawrence Hubert:
One of the most severe charges one can face in a New Jersey Municipal Court is a DWI charge. A conviction for DWI can result in jail, substantial fines, and a loss of license. With a charge of DWI, it is recommended that you seek representation in order that your rights are protected.
- Puff & Cockerill:
Publicity has left no doubt that the most severe chargeone can face
in a New Jersey Municipal Court is driving while under the influence
(DWI). A conviction
for DWI can drain your financial resources and destroy your ability
to work and survive. If charged with DWI you should immediately seek
representation to
insure that your rights are not being trampled upon and that there is
no alternative to such a devastating conviction.
Wood Ridge
- Herbert & Weiss:
Traffic citations can have serious negative consequences for both your driver's license and insurance rates. Speaking to an experienced attorney can help you minimize, and often eliminate, the adverse effects of a traffic citation.
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