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How a DUI Attorney Can Help Your Case in New Jersey

March 21, 2024 Uncategorized

Getting arrested for DUI can be scary. It can feel like your whole world is crashing down. But don’t panic! A good DUI lawyer can help. Let’s break down how a DUI attorney can help build your case in New Jersey.

The Initial Consultation

The first thing your DUI lawyer will do is sit down with you for a consultation. This is your chance to tell your side of the story. Be honest with your lawyer. They can’t help if they don’t have all the facts. Bring any paperwork from your arrest too. This helps the lawyer understand what happened.

During the consultation, your lawyer will explain your rights. They’ll also talk about possible defenses. Defenses are reasons why you should not be convicted. For example, if the police did not read you your rights or let you call a lawyer, that violates your rights. A good DUI attorney knows all the technical defenses to look for.

Your lawyer will also discuss the penalties if you are convicted. This depends on things like your blood alcohol level and if you’ve had a DUI before. But your lawyer’s goal is to avoid conviction and minimize penalties.

Gathering Evidence

After your consultation, your DUI attorney starts gathering evidence. They’ll get police reports, breathalyzer records, and surveillance videos. Any evidence related to your arrest.

Your lawyer will look for problems with the evidence. For example, was the breathalyzer machine properly calibrated? Was the officer’s reason for pulling you over valid? Any issues with the evidence can help your case.

Your attorney may also hire experts. For example, a toxicologist to analyze your blood test. Or an accident reconstructionist to analyze the crash scene. Expert opinions can punch holes in the prosecution’s case.

Negotiating with the Prosecutor

Many DUI cases end in plea bargains. This means you plead guilty in exchange for lesser penalties. A good DUI lawyer negotiates with the prosecutor for the best deal.

But sometimes the evidence is strong enough to take your case trial. Your attorney will discuss options like trial or plea bargain. They’ll help you decide what’s best for your situation.

Preparing Your Defense

If your case goes to trial, your DUI attorney builds your defense strategy. They look at all the evidence and research legal defenses. Then they decide how to argue your innocence.

Your lawyer may also file pretrial motions. For example, they may argue to exclude evidence that was illegally obtained. This can seriously weaken the prosecutor’s case.

Representing You in Court

During the trial, your DUI lawyer handles everything. They give the opening and closing arguments. Question witnesses on the stand. Object to evidence. And present your defenses.

Having an experienced DUI attorney by your side levels the playing field. They know how to argue your case persuasively. And find reasonable doubt in the prosecution’s claims.

Getting Your Penalties Reduced

If you are convicted, your lawyer can still help reduce penalties. They’ll present mitigating factors to the judge before sentencing. For example, if you have substance abuse issues, going to rehab may be better than jail time. A good attorney negotiates for the lightest sentence possible.

Your DUI lawyer can also help if your license is suspended. For example, they may be able to get you a restricted license so you can still commute to work. This helps limit the disruption a DUI causes in your daily life.

Choosing the Right DUI Attorney

As you can see, a DUI lawyer plays many crucial roles. Who you choose can make or break your case. So do your research to find the best attorney.

Look for a lawyer who specializes in DUI defense. Check their experience, case results and client reviews. Meet with a few lawyers before deciding. Pick someone you feel comfortable with.

Going up against a DUI charge is scary. But the legal system is complex. Having an experienced DUI attorney in your corner makes all the difference. So take a deep breath. Then get the strong legal defense you deserve.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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