New Jersey DWI Attorney Blog

This is probably not what you would expect to see on a DWI attorney's blog. As a New Jersey DWI lawyer, I am in no way in favor of drunk driving: I am uncategorically against it.

I would imagine that anyone who views this video will be emotionally moved by the unthinkable consequences of drunk driving. The images in this video, a public service announcement from Australia, are graphic and very unsettling. While my job is to protect the rights of the accused, I also respect the victims of accidents, their families, and all who are affected by such tragedy.

While I am not "in favor of DWI", I am, however, in favor of protecting people's constitutional rights, and to make sure that the State proves the charges against the accused beyond a reasonable doubt.

A DWI arrest can happen to anyone, any age, any background: You are out for dinner with a friend and you have a glass of wine, or you had a beer at home and go to the store. On your way back, you encounter a roadblock or a checkpoint. The officer smells alcohol on your breath. You are unsteady during balance tests, for any number of reasons. The officer arrests you for DWI. You go back to the police station, and are confused because you are told you have to blow into a machine and you cannot talk to a lawyer. You decline to blow into the machine. You were not intoxicated, but you are given tickets for DWI and Refusal to Submit to Breath testing.

This scenario sounds simple enough, and happens frequently. Courts and legislators have stated that public policy demands that the roads be freed from drunk drivers. But, what happens to the drivers that are not drunk, but are caught in this net? Consult with the most qualified DWI lawyer that you can to see how your case can be defended.

This video was made as a warning at holiday time to not drive intoxicated. It's message, of course, should be heeded year round.

I had the pleasure and honor of being interviewed by Lisa Bloom from CourtTV/truTV about being a DWI lawyer in New Jersey and Pennsylvania. Ms. Bloom is an accomplished attorney and legal commentator, who was present at a national seminar where I was speaking on the Alcotest® breath test machine.

I was asked about why I do what I do in defending DWI cases in New Jersey and Pennsylvania, and how I deal with my clients and their cases. I explained that anyone can be arrested for DWI in the simplest of circumstances, and find themself in a huge mess that requires effort and skill to navigate a solution.

For example, someone goes out to dinner and has a glass of wine. That person drives home, and encounters a roadblock where police are stopping all drivers, and checking for signs of intoxication. While speaking to the greeting officer at the checkpoint, the driver admits to having a glass of wine, which the officer is able to smell when speaking with the driver. It's late in the evening, and the driver's eyes are naturally red and glazed from a long day at work and from cigarette smoke. The officer doesn't believe the person that he/she had only one drink, and directs the person over to the "staging" area, where the driver is required to stand on one leg and walk a line. The driver has naturally poor balance, and is wearing heeled shoes, and does poorly on the balance exercises. That person is then arrested for DWI, is taken back to the police station, and is read a confusing warning that he/she must submit to breath testing. But, the driver has been told by friends in other states that he/she should always refuse to submit to breath testing, so, he/she declines to take the breath test. The driver is released with two or more tickets, including a DWI and a Refusal ticket, and is now facing up to 15 months loss of license in New Jersey, and about $7,000.00 in fines and surcharges.

I see scenarios like this very frequently, and I described to Ms. Bloom in the video that it is situations like this that drive me to protect the rights of individuals stopped for DWI.

I also explained my involvement in State v. Chun, the landmark DWI breath testing case in New Jersey that has set the standards for DWI defense and prosecution throughout the state. I represented the lead defendant in that case, which lasted over five years of litigation. It recently ended in a dismissal of the breath testing results. This is particularly ironic, because the reasons for the dismissal of the breath tests in Ms. Chun's own case, were based on principles established in the litigation of the case for thousands of defendants before the New Jersey Supreme Court. The case even made it as far as the United States Supreme Court.

I explained to Ms. Bloom that I leave no stone unturned on behalf of my clients and that I aggressively challenge the evidence in order to obtain the best result possible under the specific circumstances of each case.