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A New Jersey DUI Lawyer Can Help if Facing Charges
If you have been charged with driving under the influence, a New Jersey DUI lawyer can offer legal guidance. Your attorney might be able to get the charges reduced or dismissed. If not, they can advocate for you at trial. Get more information to understand how an attorney can assist you.
How a New Jersey DUI lawyer helps clients
Law enforcement can charge motorists with driving under the influence when their blood alcohol content (BAC) reaches 0.08 percent or higher. However, commercial truck drivers can be charged if their BAC is 0.04 percent or higher, and people under 21 face charges with a BAC of 0.01 percent or higher. Additionally, law enforcement can charge New Jersey residents that do not meet the BAC threshold but appear intoxicated. A lawyer can assist in each situation.
Getting DUI cases dismissed or reduced
A New Jersey DUI lawyer will likely begin by reviewing evidence to see if the case can be dismissed. For example, the lawyer might discover that law enforcement did not have reasonable suspicion to stop the vehicle. Additionally, the breathalyzer machine might not have been used or calibrated properly. Also, the attorney could find a problem with discovery or another situation. If such an issue is present, the lawyer will negotiate with the prosecutor to reduce the charges or dismiss the case.
Fighting the case in court
A DUI attorney can also prepare to fight the case in court if needed. The burden of proof is on the prosecution. Thus, the other side must show that the defendant was operating the vehicle while impaired. Then, the prosecutor must show evidence of the impairment.
An attorney will review the evidence against the client during discovery. Then, the lawyer will work to mount a legal defense to refute the evidence, if possible. Previously, it was extremely difficult to beat DUI charges in New Jersey. In fact, the state had an 85 percent conviction rate in 2008. However, reports show that the rate has fallen to 71 percent in the subsequent decade, meaning people now have a better chance than ever in court.
Reducing penalties in DUI cases
Penalties are steep for DUI convictions. People can end up with fines, jail time, and suspended driver’s licenses. Also, convicted parties often have to take classes to prevent drunk driving incidents in the future. Finally, surcharge penalties are possible with these cases.
While some penalties are a certainty when convicted of a DUI, others are at the judge’s discretion. Thus, the defense lawyer will advocate for reduced penalties if a case goes to trial and the prosecution gets a conviction. For example, people can lose their license up to a year after the first DUI conviction. However, the judge can decide to suspend it for seven months instead, so the attorney will fight to help the client get the lowest sentence possible.
Seek legal counsel from a DUI lawyer
If you are facing charges, contact a DUI defense lawyer immediately. You can discuss your case and see if you have a legal defense. Your attorney can also discuss taking action to dismiss the charges. Thus, start the process by scheduling a consultation today.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.
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