Drunk driving or Driving under Influence (DUI) is a serious offense under New Jersey Laws. A conviction entails financial penalties, jail terms, community service and loss of a driving license for a certain period of time.
DUI cases have increased by thousands all over the state. Because of the increasing severity in penalties, most of those charged by DUI must seek alternatives to pleading guilty. Anyone charged with a DUI needs a good attorney.
The Defense accepts that most people charged are guilty, which not always the case. The evidence against the offender brought by the police in the form of an ultra red breath analyzer is subject to serious errors. The breath analyzer is regarded as tried and evidence, but it can be inadequate and can easily be a point of attack by a defense counsel.
Also, ‘opinion’ is gathered by police officers through s field sobriety tests. These tests are supposed to reveal the agility and sobriety of drivers. But recent studies question the accuracy and scientific validity of these tests. The defense attorney can get a pre-trial ruling that these tests are not valid evidence.
The misconception is that drunk driving is a minor offense. A DUI conviction can have a severe financial, social and psychological hardship on the defendant. A DUI defense attorney must not leave any stone unturned in defending his client
There is a myth that DUI cases can’t be won, and often times attorneys advise their clients to plead guilty. It is best to refer the case to a jury trial. When jury trials are available, success rates of acquittal are amazingly better.
Finally, a DUI case is not like any other criminal case. In any criminal case, physical evidence is collected and preserved, subject to independent analysis by the defending attorney. But in case of DUI, breath tests do not have to be saved. There are also Sobriety Check points that are set up by police departments to check DUI violations.