Driving while intoxicated, (“DWI”), also known as driving under the influence, (“DUI”), is a very serious motor vehicle violation in New Jersey. DWI and related offenses may involve considerable fines, penalties, fees, loss of license, division of motor vehicles driving points, insurance surcharges, required attendance at intoxicated driver resource center classes and other costs and expenses.
DWI offenses are, absent serious personal injury or death cases, usually prosecuted in the Municipal Court where the offense occurred. Please see our NJ Municipal Courts link if you seek more information on the Municipal Court system in New Jersey. Driving with a blood alcohol level of .08 is considered a per se violation; it doesn’t matter how you felt, your considered DWI. An “alcotest” reading of .10 or above results in more significant penalties.
We have had success in defending numerous DWI cases. We take a very methodical approach, backed up by years of experience and courtroom savvy. First, the Police must have had a reasonable articulable suspicion of a motor vehicle violation, or some other serious issue, to stop you. This implicates your 4th Amendment Constitutional right to be free of unreasonable search and seizures. Our Law Office has had many DWI cases dismissed after preparing legal memorandums, citing United State Supreme Court and New Jersey Supreme Court criminal law and constitutional law decisions. These case are complicated and subject to interpretation. The Police must have probable cause to arrest you, must carefully log and control evidence, and must utilize tests, such as the Alcotest, correctly. We have obtained excellent results for our clients on many of these issues.
There are certainly cases where the State can’t prove every essential element of a DWI prosecution beyond a reasonable doubt. Police officers may fail to properly utilize proper training in administering Field Sobriety tests such as toe to heel walk and one leg stand, which have specific instructions in administration. Experts make mistakes and machines are not infallible. There is more then a chance in certain cases, there is innocence; a failure by the State of New Jersey to prove beyond a reasonable doubt all elements required to gain a conviction for Driving While Intoxicated.
If there is a problem in the States case, we will advise you and assist you in making the decision to pursue any weakness or problem by appropriate legal techniques. Ultimately, you decide whether to file a particular legal document, and whether to go to trial, after our exhaustive investigation of the State’s case and a complete presentation of your options.
You always have the right to a trial, to confront the State’s witnesses against you, to force the State to prove its case. We will honor that right in every case.
Call Jay Weinberg now if you, or someone you know, has a DWI charge. I will get you the best possible result.