Hackensack DUI Lawyer
Unlike those who are charged with other motor vehicle offenses or criminal offenses, many people are stunned when they are accused of drunk driving. For example, drivers usually know when they are speeding and people usually know when they are committing a criminal act like burglary or armed robbery. In contrast, many folks do not realize that their blood alcohol concentration is above the legal limit or that they are really not in a really good condition to drive until it is too late.
New Jersey’s Drunk Driving Laws are Serious
If you have been charged with a DWI in New Jersey, you are facing some of the nation’s most harsh penalties for drunk driving. For example, if your driving privileges are suspended as part of a drunk driving conviction you will not be able to legally drive anywhere for any purpose. That means that not only would you need to make arrangements to have your children taken to their schools and activities, you will not be able to diver yourself to and from your own school or work. Much less will you be able to drive as part of your job.
New Jersey’s unforgiving suspension of driving privileges for drunk drivers is reason enough for you to need to contact an experienced Hackensack DWI Lawyer if you are facing a possible conviction.
Ignition Interlock Device Requirement for Drunk Drivers
Most drunk driving convictions result in a requirement that the motorist pay for an ignition interlock device to be installed in at least one vehicle and that the device remain installed for a period of time that would be determined by the court. The length of time that you would need to have an ignition interlock device installed would depend on the number of prior DWI convictions you have had, if any, and your blood alcohol concentration at the time that you were driving on the date of your arrest.
An experienced Hackensack DWI Lawyer will be able to review your case to determine what defenses to raise to reduce the amount of time that you would be required to have an ignition interlock device installed in your vehicle. In some cases, your DUI lawyer may be able to raise challenges to the State’s evidence that could result in avoiding the requirement of an ignition interlock device all together.
Additional Penalties for DWI in New Jersey
The New Jersey legislature had added a multitude of additional penalties for any drunk driving condition. Those convicted of DUI must complete New Jersey’s alcohol education course at an Intoxicated Driver Resources Center. The amount of time that offenders must spend at the IDRC depends upon the number of prior DUI convictions, and in some cases, upon the discretion of the judge. In addition, if the IDRC recommends a program of further treatment to address a substance abuse problem, compliance with such a recommendation will be necessary for the restoration of driving privileges. There are also several mandatory financial assessments that accompany all DUI convictions.
If you have been charged with drunk driving all an experienced Hackensack DUI Lawyer today to begin the process of defending yourself to reduce or eliminate the serious penalties that accompany a New Jersey DUI conviction.
Why Do I Need A DWI Attorney?
Drunk driving cases are frequently more complex than one might think. Let’s begin with the “driving” part of “drunk driving.” Sometimes people are charged with drunk driving even though no police officer saw the person driving. This could happen if a car is stopped alongside a highway. Other times, a person may be in the driver’s seat of a vehicle that is parked along a cub or in a parking lot.
New Jersey’s drunk driving law applies when a person “operates” a motor vehicle. Over fifty years ago, Justice Francis of the Supreme Court of New Jersey wrote that if it were up to him, the term “operate” would be interpreted according to its common usage meaning that the vehicle would need to be driven. However, the High Court elected not to interpret the term that way. The result is that operation can be proven with evidence that the accused intended to operate the vehicle at issue while in intoxicated state. Intent to operate can depend on many factors such as whether the engine was running, whether the heat or air conditioning was on and whether the driver’s seat was reclined. In other cases, recent operation may be proved by evidence relating to the particular circumstances of the case such as where the vehicle was spotted and whether the hood was still warm. As you can see, even what would seem to be a simple element to prove, operation of a motor vehicle, can depend on many factors, which is why it is critical to have a knowledgeable Hackensack DWI Attorney in your corner.
How intoxication is proven
In most cases, the prosecution will try to prove that the defendant was intoxicated by relying on evidence relating to the defendant’s blood or breath samples that were collected shortly after the defendant’s arrest. Essentially, this becomes a fight over whether the prosecution can prove the reliability of a piece of paper. The prosecution will argue that this piece of paper shows that the motorist’s blood alcohol concentration was elevated. However, a skilled Hackensack DWI Attorney will sift through the prosecution’s evidence to find weakness in the State’s case. For example, to rely on the key piece of paper, the prosecution must be able to demonstrate that the device used to analyze samples of the Defendant’s blood or breath samples was in proper working order at the time that the device was utilized. Moreover, the prosecution will need to establish that the proper protocol was followed when collecting the blood or breath samples.
The prosecution will also frequently rely on what police officers like to refer to as standardized field sobriety tests. In the typical case, two of the “tests” on which the State will rely are not “tests” at all and the third “test” has never been shown to be reliable in New Jersey. A knowledgeable DWI defense attorney will develop a strategy to attack the State’s evidence and to bring out evidence of sobriety that a court might not otherwise consider.
Call Scott Gorman, an experienced Hackensack DWI attorney today to being defending against the charge of DWI.