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Do I Need a DUI Law Firm for a First-Time DUI?
If you have been charged with driving under the influence, you are probably wondering if you should hire a DUI law firm to represent you in court. The state has heavy penalties for first-time offenders, including license suspensions, ignition interlock devices, and fines. Your lawyer will create a defense to try to reduce or dismiss the charges, so you do not have to suffer from strict penalties. Go over some ways your lawyer can build a case for you.
How a DUI law firm can reduce or dismiss charges
Many people think that they do not have any legal recourse once they have been charged with a DUI. However, sometimes, law enforcement violates rights or uses false evidence to charge people. A New Jersey DUI lawyer examines all the evidence to determine if the client was rightfully charged. If not, the charges might be reduced or dropped.
Lack of probable cause
The DUI law firm might begin by examining potential constitutional issues that led to the charge. First, the firm will review the reason why the driver was stopped. Law enforcement must have probable cause to stop a vehicle unless the driver is at a DUI checkpoint. If law enforcement does not have probable cause, the evidence collected after the stop cannot be used in court.
Illegal searches and seizures
Law enforcement also must have probable cause to search and seize items after the stop. Without probable cause or consent, law enforcement cannot remove evidence from the vehicle or search the accused. If the officer did not have probable cause to conduct a search, the evidence collected is not admissible. The DUI law firm will fight to conceal the evidence.
New Jersey law enforcement officers use field sobriety tests, breathalyzers, and blood tests to determine if drivers are intoxicated. DUI lawyers examine the testing methods to see if the results are accurate. Inaccuracies can be found in all three tests. If the lawyer can prove the results were not accurate, the evidence cannot be used against the accused.
Health issues, fatigue, and other problems can impact field sobriety tests. Many people appear intoxicated when they are not due to the inaccuracy of these tests. Also, breathalyzers must be properly calibrated and administered to give an accurate reading, and officials must maintain the chain of custody and use proper testing protocols for blood tests. The lawyer will pour over the testing methods and results, checking for errors.
Do you need a DUI attorney?
If you have been charged with a DUI, you are likely worried about the stiff penalties. You probably cannot afford to lose your license or pay a hefty fine. You also do not want to drive with an ignition interlock device. A DUI law firm will ensure that law enforcement followed the proper protocol when stopping and searching you and will also check the validity of the tests performed. Then, your attorney will use that information to build your case.
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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