Articles Posted in Defending the Case

As a New Jersey DWI lawyer, my goal is always to do the best job for my client, which means seeking to get the DWI dismissed. If that cannot be accomplished based on the circumstances of the case, then the next goal is to seek a reduction of the suspension time.

In first offense DWI cases in New Jersey, there is a two tiered sentencing structure.

If your breath or blood alcohol result was 0.10% or greater, then you are an alleged second-tier offender. This means, that if convicted, you face a license suspension of 7 to 12 months. If your breath breath or blood alcohol result was 0.15% or higher, then you are also subject to mandatory installation of an ignition interlock device.

A New Jersey DWI charge is very serious and has significant consequences if you are convicted. As a result, your defense must be thoroughly planned and executed to obtain the best results possible.

It is always the goal of the qualified DWI defense attorney to attempt to have a DWI charge dismissed. The success of having the DWI dismissed, of course, depends on the specific facts and circumstances of the case and the overall situation.

Your DWI lawyer must always be ready to go to trial in your case. That doesn’t mean that your case will end up in trial, however if your lawyer is ready to actually try your case, the prosecutor, police officer, and judge may look at your circumstances differently.

I just finished meeting with a NJ DWI client, prepping him for a potential trial. The client said to me that when he chose my law firm, he had spoken with other attorneys trying to decide which law firm was best for him. He wanted to know whether I was going to “show him the beef, and not just the sizzle”. I looked quizzically at him, and asked him what that meant.

He told me that when researching my firm and discussing his options with the other lawyers he was interviewing, one lawyer had the nerve to say that the “high-priced lawyers are all sizzle and no beef”. The lawyer went on to say that he could do the same job that the more expensive lawyers do at half the cost.

During the balance of the prep time, we discussed “the beef”. We discussed how I will defend his case at trial, how I will not back down, and how I will fight for him until the very end. That “sizzle” is the beef. When hiring a lawyer, the client must be certain that that lawyer and law firm will follow through on his or her behalf. In other words, the potential client must make sure that the lawyer and law firm will fight all the way and try a case. You may not end up a trial, but you want to make sure that the lawyer you hire is preparing your case as if it will go to trial. That is the best way to assure that your case is prepped properly and fought fully.

In a New Jersey DWI case, the prosecutor must prove the basic elements of the offense. The simplest of those elements is whether the individual arrested actually operated the motor vehicle.

Often, New Jersey DWI arrests are made as a result of tip call, or someone calling into the police department reporting an erratic driver. The caller will sometimes give the license plate number of the vehicle, which can then be traced to the owner’s residence. If the police then locate the car in the driveway of the residence, without that driver in the vehicle, there is a question as to who operated the vehicle. Unless the caller can identify the driver, or if the driver admits to operating the vehicle, the state will have a difficult, if not impossible time, in establishing who operated the vehicle.

Even if operation is established, the state must still prove that the operator drove the vehicle while intoxicated. Depending on how long the vehicle was stationary at the residence, it may be difficult for the state to establish that the driver did not drink alcohol once the motorist arrived at the residence.

As a New Jersey DWI lawyer that only practices DWI law and nothing else, the first question I am often asked is, “What is your fee?” I don’t like that question, because it doesn’t take into account the reality of why a person is searching for a lawyer to defend one of the most serious charges that the person will likely ever face.

My answer is, “It depends on what you mean by ‘affordable’.”

You can spend anywhere from $750 to $7500 in initial fees. Chances are that if you are on a limited budget, say a couple thousand, what you define as affordable, may end up costing you a lot more in the end. For instance, if you hire someone that doesn’t have the knowledge or skill to really fight your case, what are you spending your money on? If you are convicted, as a first offender, you will not only pay the $700 or so in court costs, but there might be an interlock requirement for your car depending on your breath reading, which will cost you more than $1000.00; you will be surcharged by the State $3000, and your insurance company will separately surcharge you anywhere from $3000 to $10,000 or more over three years.

As a New Jersey DWI lawyer who vigorously fights for my clients, I am honored to have been selected to Best Lawyers in America® for the fifth consecutive year. Today, I received the following email from Steve Naifeh, President of Best Lawyers:

“Congratulations on having been selected by your peers for inclusion in the 2012 edition of The Best Lawyers in America® in the practice area of DUI/DWI Defense. For nearly three decades, Best Lawyers has been regarded – by both the profession and the public – as the definitive guide to legal excellence in the United States.

“Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by your fellow top attorneys) and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor. Our annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”

A New Jersey DWI stop, arrest or conviction for an an illegal immigrant involves special and significant concerns. The immigrant has no driver’s license or other documents to establish the privilege to drive or to be in this country, and the arrest and conviction may result in his or her deportation.

According to an article in USA Today, published at http://www.usatoday.com/news/washington/2011-07-22-criminal-immigrants_n.htm, drunk driving arrests or convictions are resulting in an increasing number of deportations. Until recently, this was not as big of an issue for New Jersey DWI arrests, as a New Jersey DWI is considered a traffic offense and not a criminal offense. New Jersey is one of only two states to categorize DWI as a traffic offense.

However, depending on how Immigrations and Customs Enforcement (ICE) views the arrest, conviction and circumstances of the New Jersey DWI arrest, even a New Jersey DWI arrest or conviction could form part or all of the reasoning for ICE to commence deportation procedures. It is therefore extremely important to hire a qualified New Jersey DWI attorney to review your case and fight the charges against you. You should also consult with immigration counsel to determine the possibility or likelihood of deportation.

New Jersey DWI cases are subject to the sixty day guideline for case resolution in the New Jersey Municipal Court system. However, it is extremely difficult, if not unlikely to resolve a contested DWI in that amount of time.

The guideline is just that — a guideline. It is not a requirement, and courts are supposed to be fairly liberal in their interpretation of the rule. Some courts are very strict and press the case forward to the detriment of the State or the defendant, but this is rare, as the courts understand that the cases are supposed to be decided on their merits rather than a calendar. However, if the 60 days have passed and there is an unwarranted delay, the court should move the case forward. In all circumstances, the defendant’s constitutional rights must always be considered and protected.

Once discovery (police records, video, etc.) has been requested, it must be provided on an expeditious basis. Often, while some discovery is provided, not everything that is requested or required is given. In that situation, one of the primary ways to enforce defendant’s rights is to file a Motion to Compel Discovery. Once the court enters an order compelling the State to provide discovery by a date certain, if the material is not provided by that date, a Motion to Dismiss for failure to supply the court ordered discovery should be filed.

Long before the New Jersey DWI case is over, clients wonder whether they should go to Alcoholics Anonymous or even into an alcohol or drug rehab facility, and whether that will help their DWI case.

Certainly, if you are having ongoing issues with alcohol or drugs and need help with the situation surrounding alcohol or drug use, you should absolutely seek assistance with the problem.

Whether it helps the DWI case is very different, and should not affect whether to seek help, if help is needed.