What You Need To Know About DUI in NJ
4 min read
Traffic offenses come with dire consequences in New Jersey–particularly when the offense is DUI. Being convicted of driving under the influence (whether drugs or alcohol) is considered serious in New Jersey. First-time DUI offenders may panic, get confused hence, unsure of the best course of action to take. This is understandably so because once convicted, the judge is duty-bound to recommend a befitting punishment. Your punishment may be informed of a fine, ban, imprisonment, et al. Besides the state punishment, you’ll be left with emotional & mental scars and a dented wallet.
New Jersey traffic laws are some of the harshest when it comes to traffic offenses, such as DUI, and without good legal representation, you stand no chance. That’s why DUI offenders do not only need an attorney, but an experienced one who will guide them on how DUI in NJ works, and hopefully avoid impending convictions.
How do Police Handle DUI in NJ
At the Scene
A driver is pulled over by traffic authorities if they suspect drunk driving or for violation of driving laws. In other instances, the driver will be requested to pull over at a DUI checkpoint. The driver should expect to be tested for possible drunk driving. A DUI test is done in many ways, such as physical sobriety tests, where the driver is requested to walk in a straight line, use the eyes to follow the traffic officer’s fingers, or use a breathalyzer to check blood alcohol content (BAC). If a driver fails the DUI test, they are escorted to the nearest police station.
At the Police Station
Usually, the driver is requested to take another DUI test, but this time, a stationary breathalyzer is used. In NJ, the Draeger Alco test® is commonly used. Failure to provide the results of your BAC, with a justified reason, will automatically lead to license revocation. You can only challenge the in a court of law. After the second test, offending drivers are free to go, but their vehicles are impounded for up to 12 hours. However, they can be held overnight or asked to pay bail if any of the following is proved:
- Possessing prohibited drugs.
- Serious injury to third parties.
- Property damage.
Qualities of a Good DUI Lawyer
When faced with a DUI charge in NJ, you need an experienced DUI lawyer who will help you evade DUI penalties or at worst, conviction. The characteristics include:
Great Communication Skills
The legal profession requires people with excellent communication skills. DUI lawyers sometimes deal with addicts, meaning they should be great communicators to help them. Additionally, the skill is necessary when interacting with court officials, colleagues, and many others.
Sound Judgement
Having sound judgment is a great asset when the attorney is forced to draw logical conclusions from limited raw data. Additionally, it will help the attorney identify possible viable courses of action, and navigate the tricky parts of a case.
Good Research Skills
Good lawyers can find more information from different sources with limited data. With excellent research skills, lawyers can safeguard the interests of clients besides upholding the sanctity of law.
Thinking Logically
Every sound judgment is based on logic, in other words, attorneys are expected to work logically at all times without being emotionally attached.
Listening Skills
As a DUI lawyer, it will be difficult to win cases if you won’t understand the client, and the nature of their offense, including the intricate details. Good DUI lawyers know that listening to clients is the best way to interrogate clients and source relevant data, which could provide the missing link.
Defenses for DUI Charges in NJ
DUI defenses are influenced by the facts surrounding each DUI charge, but below are some of the common defenses for DUI in NJ:
Breathalyzer Errors
When breathalyzers are not properly calibrated they give off false results, and when this happens, such BAC results cannot be used in court.
Errors of Procedure
Every job has certain guidelines to be followed. Likewise, traffic officers should observe certain standard operating procedures while on duty. Failure to adhere to the SOPs can be used as a defense by a DUI offender.
Violated Constitutional Rights
The law highlights how arrests and traffic stops should be conducted, but when those rights are violated, the alleged DUI offense will be null and void.
Questions to Consider when Considering Legal Help for DUI in NJ
Considering that hiring a professional DUI attorney is no cheap affair offenders should use the below-listed questions when considering legal representation.
- What do clients’ reviews suggest?
- Does the lawyer have experience in DUI cases?
- What’s their success rate?
- Does the DUI attorney have a great online presence?
- What are their charges in comparison to other DUI attorneys?
The choice of a DUI attorney is key to the outcome of a DUI charge, meaning that a good attorney should prioritize the client’s needs by going out of their way to make it happen.
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