Category Archives: New Jersey DWI

6 Things The Prosecutor Doesn’t Want You To Know About Your New Jersey DUI

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.

*If you have not done so already you can call to

schedule your FREE consultation. I understand your time

is valuable…you don’t need to spend it driving to a lawyers office

waiting for a half hour in the waiting room….and then sitting in traffic

to get home. We’ll have the consultation over the phone! It’s the only

way for me to see what issues might be present in your case.

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Five Tips for Choosing a DWI Lawyer

Choosing a lawyer to represent you is a major decision

one that should not be made lightly or just based on flashy

advertising. Here are some questions to ask:


1) How Much of Your Practice is Devoted to DWI Defense?

*DWI is an intricate and highly scientific area of practice

just doing one or two DWI cases now and again may not be

enough to get you the best outcome in your case.


2)Can you Beat My Case?

*Beware of any attorney who doesn’t answer this honestly.

It is unethical for an attorney to promise or guarantee results.

Not to mention, there is no way an attorney can definitively know

this answer in advance. A lawyer should give you a sense of the best and

worst case scenarios and be able to outline some strategy for defending

your case, but they cannot tell you for certain what the outcome will be.


3) Do You Have a System for Getting Client’s

Questions Answered Quickly?

*Sometimes you can leave voicemail after voicemail

and never get your lawyer on the phone. A firm can be too

big, such that your lawyer handles hundreds of clients..or it

can be too small such that the lawyer has to be everything from

receptionist, to janitor…and may not have the time to chat.

In my office, we have a client services coordinator who will

be able to answer many of your questions right away. If

your question requires speaking to an attorney directly

a phone call will be scheduled to avoid the phone tag that

usually results. We try very hard to have any phone call returned

within twenty four hours.


4) Do You Actually Try Cases?

*Some attorneys who handle DWIs will charge low fees

but have no intention of fighting these cases. They may not

look into whether you have defenses in your case, they may

believe that DWIs cannot be won. Whatever the reason, make sure

you are getting someone who is willing to fight for you!


5) Do You Charge More for Motions, Trial, More than

Ten Hours of Work, More Than One Court Appearance?

*Attorneys that handle DWIs have different methods of billing

clients. Some charge hourly others work on a sort of ladder basis where

the price increases as more work is done or court appearances

are made. In my office we charge flat fees that cover you for the

duration of the case. We accept payment plans as well. Whether your case

takes one court appearance or twelve… know you’re covered.




If you haven’t done so already claim your FREE DWI Defense Strategy Session

(973)854-0098 * (212)372-7218 * [email protected]

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