Scotch Plains, DWI Lawyers
The Scotch Plains police and State Police routinely stop and arrest suspected DWI and DUI motorist. Route 22 and the surrounding roadways are heavily patrolled for DWI enforcement. If you have been charged with driving while intoxicated (“DWI”) in Scotch Plains, our firm has years of experience litigating driving while intoxicated matters in this Municipal Court. We have consistently reached wonderful results for our clients. We are available for consultations and would be happy to answer all of your questions.
NJSA 39:4-50 to 39:4-51b outlines the various DWI offenses with which a person can be charged in New Jersey. These offenses include:
- operation of a vehicle while intoxicated;
- permitting another person to drive while intoxicated;
- refusal to take a breath test;
- consumption of alcohol while driving; and
- possession of an open container in a vehicle.
If you have been charged with DWI in Scotch Plains, you need the services of experienced New Jersey DWI attorneys like Lubiner, Schmidt & Palumbo. We have handled hundreds of DWI cases throughout Union County and New Jersey. Among the attorneys at the firm is a former prosecutor and a DWI attorney trained in the same Alcotest and standardized field sobriety tests administered by the Scotch Plains police when they make DWI arrests.
Conviction of a DWI offense will significantly impact your life. You need an experienced DWI lawyer to protect you.
DWI laws vary from state to state. However, New Jersey treats DWI offenses more seriously than other motor vehicle law violations. For instance, defense lawyers, prosecutors and/or judges cannot use plea bargains to resolve DWI charges. DWI defendants also face severe penalties consisting of substantial fines/surcharges, loss of driving privileges and jail time. Judges have very little discretion in imposing sentences in DWI matters.
Once charged with DWI, your first step should be to hire an experienced DWI attorney. You have the right to vigorously contest the charges that brought against you. To do that, you need knowledgeable DWI lawyers, like those at Lubiner, Schmidt & Palumbo. For instance, we can determine if the police officer had a reasonable basis to stop you. A wrong turn, disregarding a stop sign, etc., can be the basis of a legitimate stop. But the officer must be able to articulate what you did wrong in the operation of your car. And without that reasonable basis to stop you, the entire case brought by the police may be invalid.
If the police officer had a reasonable basis to stop you, the next issue for your lawyer is whether the police officer had probable cause to administer a field sobriety test or a breath test. Experienced DWI attorneys, such as those at Lubiner, Schmidt & Palumbo, know that all the circumstances surrounding the traffic stop and subsequent police investigation have to be examined to insure that the police followed the proper procedures in their investigation. As stated above, one of Lubiner, Schmidt & Palumbo’s DWI attorneys has received the same training that police officers do in administering the Alcotest and field sobriety tests.
The Alcotest is the most common test administered in DWI cases. While this breath test can be given by the police officer and not a medical professional, the prosecutor must show that the officer was adequately trained to give the test and that the machine was in proper working order at the time of the test.
In New Jersey a driver stopped for suspicion of DWI cannot refuse to take a breath test. The law presumes that drivers have given implied consent to submitting to that test; most drivers submit to the test. Therefore, in many instances, the only way to defend a DWI charge with a breath test finding above the legal limit is to have the test results thrown out because of the failure of the police officer to follow proper procedures. The attorneys at Lubiner, Schmidt & Palumbo have the knowledge and experience to sift through police reports, other relevant records and testimony at trial to insure that your rights as a citizen are fully protected and determine if those test results are inadmissible.
Contact the experienced DWI attorneys at Lubiner, Schmidt & Palumbo if you’ve been charged with DWI. We’ll make sure all your rights are protected. We’ll make sure the police and prosecutors did their jobs correctly. And we’ll make sure that you get the best defense possible.