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Why You Need a NJ DUI Lawyer to Fight Charges
Getting charged with a DUI is frightening, but when you hire a DUI lawyer, you will learn that an arrest is not the same as a conviction. You do not have to plead guilty or sit back and let the prosecutor mount a case against you without a defense. You can fight for your rights with the help of an attorney. Go over some reasons why you need to hire a lawyer to fight your DUI charges.
Three reasons to hire a DUI lawyer
Defendants should consider hiring a DUI attorney regardless of the evidence against them. The attorney begins by evaluating the evidence and researching the case. Then, the attorney can mount a legal defense and provide the client with potential outcomes. Potential outcomes might include getting the charges dismissed and avoiding jail time.
Mounting a legal defense
Most defendants are unsuccessful when trying to mount a legal defense themselves. Defendants do not fully understand the law, so it is hard for them to defend themselves against a DUI. There are only so many viable defenses, and failing to choose one means the charges are likely to stand. People increase the likelihood of getting charges reduced or dismissed by hiring a lawyer to gather evidence and mount a defense.
Lawyers have comprehensive defense strategies to use when defending clients. Depending on the circumstances, the lawyer might argue that law enforcement did not have probable cause to stop the vehicle or make an arrest. If applicable, the attorney can also mount a defense based on the defendant’s medical condition. For example, some conditions cause people to slur words.
While these defenses are available, many attorneys may also choose to argue against the validity of the Alcotest. In the past, New Jersey used a simple breathalyzer test. Recently, it changed to the Alcotest, which is much more complicated. The machine does not stay calibrated and has additional problems that make it hard for tests to hold up in court. Defense attorneys understand the science of the Alcotest and can use it as a defense.
Getting charges dismissed
People who hire a DUI lawyer increase the likelihood of getting the charges dismissed. DUI dismissals have increased in New Jersey in the last decade. Prosecutors are more open to dismissing DUI charges if the defendant pleads guilty to another charge, such as reckless driving. However, prosecutors generally only reduce or dismiss charges when they think they cannot win the case. Facing a strong defense attorney makes it harder for prosecutors to win. That opens the door for dismissal.
Avoiding jail time
If the evidence is clear cut, defendants might be found guilty. However, a New Jersey DUI lawyer can help reduce the sentence. Some people are eligible for post-conviction relief, even after multiple DUIs. The legal team will evaluate the different options to reduce sentencing.
Fighting DUI charges
If you have been charged, you do not have to plead guilty and accept the punishment. Instead, contact a DUI lawyer to begin the process of fighting the charges. After reviewing the evidence, your attorney can mount a defense. Then, you will be less likely to suffer serious consequences.
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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