Cranford DWI Attorneys
If you have been arrested for DWI you have probably been searching the web only to come up with an overwhelming amount of confusing information. Call us to schedule a free consultation. We guarantee that after speaking with us you will have all the answers you need to make better choices moving forward in choosing the right DWI lawyer for you. It’s an unfortunate fact that New Jersey DWI laws are unforgiving and severe, even for a first time offender. If convicted of a DWI, you will have to pay substantial fines and fees. More importantly, you could face a loss of your driving privileges in New Jersey for up to one year or more and possibly even jail time under some circumstances. The consequences of a conviction are serious.
At LS&P Lawyers, our defense attorneys have years of experience representing clients charged with DWI. Our team includes a former prosecutor and an accomplished DWI defense attorney. We are have trained and been certified in the same Alcotest and Standard Field Sobriety Tests used by police in drunk driving stops. Each client is our priority and we understand that every client is unique. This is why we invest so much time into developing a strong individualized defense for our clients. If you or someone you love has been arrested for DWI, contact us today. We will arrange a free initial consultation at your convenience. Our qualifications and personal approach is what sets us apart from other DWI lawyers throughout the state.Driving While Intoxicated is Governed by N.J.S.A. 39:4-50.
As DWI attorneys, the first thing we will do is review the details of your case, including reviewing the arrest report. We first look to see if it was reasonable for the police officer to pull you over. The truth is, it isn’t always reasonable for the police officer to stop your car. The police must have reasonable suspicion to make the traffic stop. However, this is a relatively low standard and any motor vehicle violation, including speeding, no turn signal, broken taillight, etc., can provide reasonable suspicion for the officer to stop you. Not every reason is sufficient though. We have successfully argued, on behalf of many clients, that they should not have been pulled over to begin with.
If the stop was reasonable, the next step is to determine whether the police officer had probable cause to arrest you. Probable cause means there was enough information for the police officer to conclude that a person has committed a crime – in this case, drunk driving. Whether or not probable cause existed is determined by a totality of the circumstances standard. This means the police officer will take into account everything he is supposedly seeing, hearing, smelling, etc.
The officer will consider:
- How you look;
- How you smell;
- Your speech (is it slurred?, etc)
- Any admissions you make;
- Whether there was an accident;
- Your manner of driving, etc.
If it is determined during a hearing that there was not probable cause to arrest you or no reasonable suspicion to pull you over then we can get the case dismissed.
If the court finds there was probable cause then the case will go to trial. In order to be found guilty of DWI the state must prove beyond a reasonable doubt that you were driving while under the influence of alcohol or drugs. There are two ways they can do this. First, the state can use the Alcotest (if admissible) or, second, use all of those factors they used to determine probable cause to find you guilty beyond a reasonable doubt (observation offense).
It is important to realize that as long as the police have probable cause to arrest you, they have the right to ask you to blow into the Alcotest machine to measure your blood alcohol content. Unless your lawyer can find a way to show those readings should not come into evidence you will have to live with whatever reading the machine determines
Discovery (you may have come across this term in your research) is/are items that the state is required to provide to the defendant. This includes amongst other things, the police report, motor vehicle recordings, and certifications for the Alcotest machine. The Alcotest discovery will include numerous calibration certifications and documentation regarding the procedural elements of the administration of the test. The police must adhere to certain Alcotest Procedures. This is where an experienced attorney who handles a lot of DWI’s can really help you.
New Jersey has an implied consent law which means if you refuse to submit to a breath test you will be charged with the separate offense of Refusal. Although refusals are frequently tough cases to win they are not unbeatable.
At LS&P Lawyers our certifications in both the Alcotest machine and the field sobriety tests allow us to know what the officers are supposed to do and the problems that can arises with these machines. With our attributes, we have a very high rate of success in getting our clients outstanding results and verdicts.
New Jersey DWI law is complicated and convoluted. Not all attorneys are able to sufficiently address the problems that can arise with the State’s case. Our unique qualifications allow us to identify flaws in the police procedure. Our clients are our priority and we represent each with integrity and dedication. If you have been accused of DWI let us help you! We are available 24/7 to answer your call.