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How can I defend against a DUI charge in New Jersey?

March 21, 2024 Uncategorized

 

How to Defend Against a DUI Charge in New Jersey

Getting arrested for DUI can be scary. The consequences are serious – jail time, fines, license suspension. But there are ways to fight the charges. Don’t just plead guilty – talk to a lawyer about your defense options. This article explains common defenses and strategies used in NJ DUI cases. There’s hope!

Challenge the Traffic Stop

Cops can’t just pull you over for no reason. They need “reasonable suspicion” that you broke a traffic law [1]. So if the officer stopped you illegally, a lawyer can file a motion to suppress and get evidence thrown out. Any clues, tests or statements after an illegal stop get excluded [2].

Like if you were stopped for weaving but didn’t cross lines. Or a cop followed you out of a bar with no traffic violation. Those stops could be illegal. A dashcam or bodycam video can prove it.

Fight the Field Sobriety Tests

Field tests are totally subjective. A lawyer can argue the officer misinterpreted clues. Like maybe your balance issues were from injuries, disabilities, or slick pavement. Don’t just take the cop’s word that you “failed” [4].

Plus the tests aren’t mandatory. You’re allowed to refuse without penalty. So if you took them when you shouldn’t have, a lawyer can try to get that evidence excluded.

Challenge Chemical Testing

Breath and blood tests seem scientific. But there are lots of ways they can go wrong. The machines may not have been properly maintained or calibrated. The officer might have done the test incorrectly. You might have medical issues that caused a false high result. A lawyer can dig into these issues and get the results thrown out if there are problems [1].

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

And if the officer didn’t read you your rights about refusing the test, a lawyer may get the test excluded. Make sure the cop followed every rule!

Argue Your Symptoms Weren’t From Alcohol

Maybe you swerved because you were distracted or tired, not drunk. Or your red eyes were from allergies. Or your slurred speech was from a medical issue. Don’t let the cop say your behavior means you’re intoxicated – make them prove it [3].

A lawyer can argue there are many reasons for your symptoms besides alcohol. This is especially true if you have medical records to back it up.

Claim a Rising Blood Alcohol Level

Your BAC at the police station may be higher than when you were driving. If you had your last drink shortly before driving, your BAC could have been under 0.08 when behind the wheel but over 0.08 later during testing. A lawyer can argue this “rising BAC” defense [5].

An expert can use your weight, drinking timeline, and other factors to show you were below the limit when driving even if the test says otherwise.

Allege Police Misconduct

If cops treated you badly, your lawyer can file complaints. Like if they used excessive force during arrest, or didn’t allow you to call a lawyer. Bring up every small thing they did wrong.

You can even argue the cops are biased or racially profiled you. Anything to show the police acted inappropriately.

Negotiate a Plea Deal

If your lawyer can’t get the whole case dismissed, try negotiating with the prosecutor. See if they’ll reduce the charges to reckless driving or something less than DUI. Offer to attend alcohol classes or install an ignition interlock. Plead guilty in exchange for a lighter sentence [6].

A good lawyer knows how to craft a plea deal that satisfies both sides. It’s often better than risking a guilty verdict at trial.

Conclusion

Don’t just accept a DUI charge – fight it! An experienced DUI lawyer can review the details of your case and build a strong defense. Using technicalities like an illegal stop or faulty breath test can get evidence suppressed. Pointing out alternate explanations for your symptoms casts doubt. Negotiating a plea bargain is an option too. With so many ways to defend against DUI, there’s hope for beating the charges.

The best chance at acquittal or dismissal is having an aggressive lawyer challenge every aspect of the arrest. Don’t go it alone against the complex DUI laws. Hire a lawyer right away so they can start working on your defense strategy.

 

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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