Like all cases, we attack the evidence of the other side, in this case the State, represented by the prosecutor. We look at all aspects of their case including whether there was a valid stop, the field sobriety test, the administration of the breath test or phsycho-physical exercises administered by the Drug Recognition Expert, the underlying documentation of the Breath Test Machine, and all other evidence presented by the State. We attempt to suppress this evidence base on legal grounds through Motions and we try to show why the evidence is unreliable.
To learn a little more about DUI's check out our article here.
You will lose your license, pay fines, attend classes at the Intoxicated Drivers Resource Center (IDRC), and possibly even go to jail. For a better understating of the penalties, go here.
Unfortunately, no. New Jersey does not allow restricted licenses during a license suspension.
In New Jersey, we use those terms interchangeably. They mean the same thing and refer to the Driving Under the Influence Statute of N.J.S.A. 39:4-50 et al.
Actually, no, a DUI in New Jersey is only a motor vehicle violation. We sometimes refer to it as a quasi-criminal charge because you still have most of same rights as if your were being charged criminally. But the fact that it only goes on your drivers abstract means that you can not have a DUI conviction expunged in New Jersey.
The short answer here is yes, the DUI statute in New Jersey call for jail, but on the first and second offense, that time can be substituted with IDRC classes. The serious jail terms are on the third offense. The statute calls for a mandatory six (6) months in the county jail, three (3) of which can be served in an alcohol rehabilitation in-patient facility.
An Interlock Device is a piece of equipment that is attached to the ignition of your car, and only allows you to start the car if you blow into it and it does not read any alcohol on your breath. A judge may order it to be placed in your car if you are found guilty of a DUI.
There is a common misconception that if the officer on the scene did not read you the Miranda rights, that the charges can be thrown out. Unfortunately, that is usually not the case. The Miranda warnings are there to make sure that your understand that you have a right to remain silent. The remedy for the police not doing this is usually the suppression of any incriminating statements you made while under arrest, which may have a negative effect on the State's case.
That depends on a lot of factors, just like paying for anything else. The factors include how complicated the case is, what are the possible consequences, and what kid of lawyer you hire. Our firm usually charges anywhere from $2,000.00 on the low end to $7,000.00 on the very high end. The fact that there is no plea bargaining in DUI's means a very high liklihood of a trial, which is a lot of time and work. Also the technical nature of the evidence for a DUI means that we sometimes have to hire a "DUI Expert" to prepare a report and testify, which can drive the cost up.
Once you are pulled over, if an officer suspects you are under the influence of alcohol, they may ask you to step out of the car and perform exercises known as the Standard Field Sobriety Test (SFST). You don't actually have to perform these exercises, but the Court can draw a negative inference if you choose not to.
Unfortunately, yes. It is also know as the Implied Consent Law under N.J.S.A. 39:4-50.2
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