Watchung DWI Lawyers
- Zohn & Zohn:
all types of criminal cases, including non-indictable misdemeanors (called "disorderly persons offenses" in New Jersey and prosecuted in municipal courts) and indictable felonies (called "crimes" in New Jersey and prosecuted in Superior Court). Specific types of cases for which we can be retained include but are not limited to: drug possession/sale; theft/larceny, fraud/embezzlement (including "white collar" cases), sex offenses, arson and related cases, assault, harassment and conspiracy.
- Aiello Harris, Devero, Marth & Schiffman:
Driving while intoxicated (DWI) is a serious offense in the state of New Jersey. There is simply no substitute for having a lawyer who is experienced in handling this type of case in order to assure your rights are protected Ñ someone who will aggressively protect those rights and seek to obtain the best possible results on your behalf.
Challenging the Evidence
In order for the police to stop a motor vehicle on the roadway, the officer must first have a basis for effectuating the stop. After the person is initially stopped or contacted by the police (possibly at a "sobriety checkpoint"), he is usually asked incriminating questions without any Miranda advisement of rights and without any right to consult with an attorney. He is then subjected to a series of "field sobriety tests" under physically and emotionally difficult conditions Ñ tests which are nearly impossible for most people to perform well.
After the arrest, the suspect is then required to submit to breath testing, usually at the police station Ñ and again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are inaccurate and highly unreliable and many officers administering them are unfamiliar with proper procedures. If the suspect refuses, or if the police feel he is not cooperating to their satisfaction, the person can be charged with a violation of refusing to submit to a breathalyzer test which carries the same penalties as a DWI/DUI.
The individual now must deal with a prosecution in the court where he will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs). Under New Jersey law, a person is guilty of DWI if his BAC at the time of his arrest was .08% or greater. However, the penalties do vary depending on the percentage of BAC at the time of arrest. For a first offense, a person with a BAC of .08% - .10% could lose his/her license for a period of three (3) months, while a BAC of .10% and above could lose his/her license for a period of (7) seven months to one (1) year. A person who refuses to submit to a breathalyzer test can lose his/her license for seven (7) months.
These proceedings can be effectively handled by an experienced attorney who specializes in blood-alcohol analysis and drunk driving cases. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field. Their results are predictable.
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