East Brunswick DWI Lawyers
- Panitch & Rachinsky:
A DWI arrest is very serious. A conviction on the charge will result in a fine, increased insurance premiums loss of driverÕs license and even a jail sentence.
A DWI arrest marks the beginning of your case, not the end. Panitch & Rachinsky will aggressively defend your rights and freedom.
Successful Defense of DWI/DUI Charges
The outcome of a drunk driving case does not hinge on the results of the Breathalyzer test alone.
There may be several potentially successful defense strategies that could result in a dismissal of the charge or victory at trial. For example:
* The police may not have had probable cause to stop you
* The field sobriety tests may have been improperly performed
* At the station, the breath test may have been improperly performed or the machine may have returned a false reading
These and many other factors may provide the means for a successful defense.
- Diaz-Cobo & Pedraza:
When you've been arrested for driving while under the influence of alcohol you really do need help.Ê In New Jersey, DWI charges have serious consequences.Ê If you are found guility, you can lose your license, be fined, your insurance can go up or be cancelled, and it carries jail time.Ê
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Most people arrested for DWI have never been in any other type of criminal trouble and are confused, frustrated, and anxious about the entire process.ÊDo not just plead "GUILTY" and take your chances with this very serious charge. We are prepared to examine your entire case, starting with the reason that you were stopped in the first place.
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Police officers DO NOT have the authority to pull you over unless they have "Probable Cause."Ê Probable cause is defined as "a reasonable suspicion, based on articulable facts, that it is more likely than not that the suspect has committed a violation or crime."Ê Usually, the State will argue that the probable cause for the initial stop is based on a traffic violation such as speeding or failure to maintain lanes. Our first line of defense is attacking the probable cause for the initial stop.Ê The State has the burden of proving this by a preponderance of the evidence.Ê If they cannot meet this burden, or we successfully challenge their evidence, the DWI and all collateral charges associated with the arrest must be dismissed.Ê
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Even if the State can show probable cause for the initial stop, the State must then show probable cause for the DWI arrest.ÊThe state usually offers up the "Field Sobriety Tests" as evidence to establish the Probable Cause for the DWI arrest.ÊThis is our second line of defense.Ê There are manyÊways to attack the probable cause for the DWI arrest including, but not limited to, failure to establish operation of the vehicle, improperly administered filed sobriety tests, physical ailments that could have prevented the defendant from perfoming certain tests, and performing well on certain tests but not as well on others.
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Finally, even if the State canÊestablish probable cause for the stop and subsequent arrest, they must prove a defendant guilty of the DWI and other charges "Beyond a Reasonable Doubt."Ê The State will try to use the Blood Alcohol Contect (BAC) reading of a Breathalyzer or Alcotest or blood test.Ê This is our third line of defense.Ê Many times, the Breathalyzer, Alcotest or blood sampleÊwere improperlyÊobtained, or the machinesÊare not properly calibrated.
- Ramp & Renaud:
If you or someone you love has been charged with drunk driving (DUI /
DWI) or a drug posession, it is critical that you consult an
experienced lawyer dedicated to minimizing or eliminating the impact of
the charges.
- Hillary Brower:
If I am found guilty of DWI or plead guilty and I lose my driving privileges
can I get some sort of provisional license to drive to work?
In some states you can but not in New Jersey.
- John Fabriele:
...you need to speak to an attorney right away...
- Darryl Saunders:
When you are charged with a crime your whole world turns upside down.
Only a tough, experienced lawyer can protect you from prosecution. You
need an attorney who knows how to fight the battle and gives a 100%
effort every time.
- Jeffrey Goldblatt:
Crimes that are regarded as less serious are referred to as
misdemeanors. A misdemeanor usually is punishable by a fine, or by
incarceration in a local jail for a period of less than one year.
Prosecutors typically do not convene a grand jury to investigate or
issue indictments for misdemeanor charges, although the same conduct
may give rise to both felony and misdemeanor charges. Misdemeanors are
usually charged by a written complaint, or "information." In some
states, poor defendants are not entitled to a court-appointed attorney
when charged only with a misdemeanor. The charges may be considered
minor, but being accused of a misdemeanor-not to mention being
convicted of one-can cause a major disruption in the life of an
accused. As in any criminal case, it is essential that a defendant in a
misdemeanor prosecution have zealous representation backing him or her
up. A person accused of a misdemeanor should seek the help of an
experienced criminal defense attorney.
- Eric Morrell:
Finding Guilt Beyond a Reasonable Doubt Before juries begin the
deliberation process, courts provide instructions regarding applicable
law or procedure. In criminal trials, courts generally instruct jurors
regarding the phrase "beyond a reasonable doubt." This instruction is
given primarily because the Constitution has been interpreted to
require that each element of a crime be proven "beyond a reasonable
doubt." Although this phrase is well known and used in courts across
the nation, many courts have adopted accompanying language that varies
the overall meaning. Such modifications are considered proper so long
as the constitutional protections afforded criminal defendants are
satisfied.
- Theodore Sliwinski:
In New Jersey, a person is guilty of drunk driving if he operates a motor
vehicle with a Blood Alcohol Concentration (BAC) of 0.10 percent or
greater. The term BAC refers to the amount of alcohol in your blood.
Although the law refers to a .10 percent BAC, you can be convicted of
driving while under the influence of liquor even when your BAC is below
0.10 percent.
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