Rachel Kugel represented a client charged with DWI in Newark Municipal Court. This was the client’s second offense and as such he faced mandatory minimum penalties that included a 2 year loss of license, 2-90 days in jail, 30 days community service, installation of an ignition interlock device, and more.
The Kugel Law Firm vigorously advocated for our client from the beginning including preserving any and all rights to a speedy trial. Rachel Kugel challenged the operation element of the offense arguing that the State could not prove that the client operated or intended to operate in an intoxicated condition given that he was found in a legal parking spot and asleep. The Court agreed that the case presented an issue with regard to proof of operation when the State could not offer additional proof from the officer to expand on the initial proofs, the Court granted the motion made by The Kugel Law Firm to dismiss the case.
*Past success is not a guarantee of future results. All cases are different. Aggressive investigation and creative strategies are recommended to achieve the best possible results. To discuss the specific facts of your case call 973-854-0098.
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1. You have a right to a trial.
2. The breath testing equipment is inaccurate.
Believe it or not, in your high-tech world the breath testing machine is inaccurate. The most commonly used machines are the Breathalyzer and Alcotest. The machines use an assumption to calculate the amount of alcohol in a person’s blood based on the amount of alcohol that is released into a person’s breath. The amount can vary from between 1100 and 3200. However, the machines use a standard ratio of 2200, the average between the two. If you exchange alcohol at the 1100 rate,the machine gives a reading twice as high as it should. On the other hand, if you exchange at the 3200 rate, it gives a reading half as high as it should. In any event, the principle is flawed and readings can vary up to 50% from the actual breath content.
3. The police officer that arrested you can’t remember your case by the time of trial.
It’s true! The police officer that arrested you can’t remember your case by the time of trial. The average police officer makes several driving under the influence arrests per week as well as a myriad of other types of arrests. Most dui arrests are similar in the sense that the officer stops a vehicles for some illegal action, suspects the driver is under the influence, administers field sobriety tests, administers a preliminary breath test, arrests the individual and then has someone else administer another breath test. The officer is not be able to remember the specific details of your case.
4. The prosecutor has 20 other cases that he must resolve that day.
The prosecutor has 20 other cases that he must resolve that day. You have an advantage by hiring a private attorney. That advantage is that whomever you hire probably only has 20 or so cases to handle each month. The State attorneys must handle all the cases filed by their officers, regardless of whether they like it and whether they have time to prosecute them thoroughly. So your attorney can file motions to which the prosecutor does not have time or wants to respond.
5. The police don’t actually go “by the book.”
The police officer usually does not follow the “book” when administering field sobriety tests. Each police officer is trained to administer field sobriety tests according to nationally accepted standards. These standards are printed by the National Highway Traffic Safety Association and available to your attorney. However, the tests actually are somewhat accurate when and only when administered properly. Police make more arrests if the tests are improperly demonstrated or directed. When the officer testifies, your lawyer should cross-examine him using his own training manual. The results are often comical and sometimes outright alarming as officers vary from not following all procedures to complete ignorance of the training manual.
6. The officer must have a valid reason to pull you over.
The officer must have a valid, explainable reason to pull over your vehicle. In order to stop a person and invade his or her privacy, the law requires that the officer have a particular reason amounting to suspicion of an illegal activity. Further, it requires that he be able to explain his reasons and be tested on their validity by you. Many traffic stops are made without a proper reason. If the Court rules that the stop was unjustified, then all evidence obtained as a result of that stop cannot be used against you at trial. If the motion is successful, the State cannot proceed with their case. This is the single most effective way of dismissing your DUI.
These are just a few of the issues that your attorney should look for as he/she evaluates your case. These issue may or may not be present in your case…and this list is by no means exhaustive, other issues may exist in your case.
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