Clark, NJ DWI and DUI Lawyers

The DWI and DUI defense team at Lubiner, Schmidt & Palumbo has over thirty years of combined experience successfully representing those charged and arrested with driving while intoxicated in Clark NJ. While it true that a violation of NJSA 39:4-50 usually involves alleged alcohol use, it is becoming increasingly more frequent to see arrests for driving under the influences of drugs like marijuana, heroin, and other controlled dangerous substances (CDS). The Clark Police and the State Police issue hundreds of DWI charges per year to those driving in Clark and on the Garden State Parkway.

Our defense team includes an attorney certified in the administration of the Alcotest and the Standardized field sobriety test such as the walk and turn, the one leg stand and the horizontal gaze nystagmus test. These test are utilized to determine both probable cause for the arrest and as trial proof for observations of driving under the influence of alcohol and drugs. Our knowledge in this area gives us an edge over other defense lawyers.

We have extensive trial experience and have a tremendous track record of success. Successful DWI defense is the result of preparation and thoroughness, leaving no stones uncovered in developing defense strategies for each case.

We look at every aspect of the arrest starting with the basis for the stop. Did the police have a valid reason to pull you over? If you were not pulled over, did the police have a valid reason to be asking you questions? By asking those questions, did they violate your rights by not Mirandizing you? Miranda is a frequently misunderstood area of the law but may apply to a DWI arrests and questioning. The rational for the stop of the suspect, no matter the circumstances, is very important. The police must have a reasonable basis to approach you and detain you. More importantly, the police must have probable cause to arrest you for DWI. Challenging probable cause for a DWI arrest is done during a suppression hearing. If you win your suppression hearing, the case could be thrown out or the State may not be able to use important evidence in your DWI prosecution.

At the same time, and in the beginning of DWI prosecution in Clark, NJ, our driving while intoxicated defense team will do a complete review of the discovery provided by the police in connection with your arrest. Discovery consist of all the police reports, videos, audio, Alcotest calibration documents, CAD reports, etc. Our discovery demand letter is not a one line request. Our DWI discovery demand letter asks for hundreds of items that we are entitled to as part of your defense. We will fight to make sure that those items are produced. If they are not, we will file motions. In some instance, we have DWI charges dismissed because the state could not meet our discovery demands or the timeline set by the court to produce these items. Motion practice and discovery review is one of the many important aspects of your DWI defense.

Next we look at the administration of the Alcotest (sometimes called the breathalyzer). The police must comply with a long list of procedural items to properly and legally administer this test. Simple asking you to blow is not sufficient. 20 minute issues, calibration and certification issues, electronic interference and mouth alcohol issues are just a few of the long list that we have used to dismiss Alcotest readings and win cases.

If we must go to trial, we go all in. We are aggressive DWI trial litigators. We have years of experience cross examining police and State Troopers. We understand the ebb and flow of a trial and when to make our move. Our attorneys wins DWI trials. At the end of the trial, our clients feel that they should win. The judge decides who gets convicted of DWI in the municipal court, but if we lose, we make sure to protect the record for a potential appeal to the Superior Court. We have successfully appealed many DWI cases after guilty verdicts in the municipal court.

Finally, if you have a conviction in the past for DWI that is enhancing the penalties you face for a second, third, fourth etc. offense, we can file for post-conviction relief to have a prior conviction overturned and vacated. Maybe you were not represented by an attorney or your attorney did something incorrect. Possibly the judge violated your constitutional rights during the taking of the guilty plea or trial. Regardless, the best defense to a second or third DUI or DWI charge is getting rid of the older conviction.

Please feel free to reach out to us with all of your questions and concerns.

Client Reviews

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