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Questions to Ask When Choosing a DUI Attorney in New Jersey

March 21, 2024 Uncategorized

Choosing the Right DUI Attorney in New Jersey: Questions You Should Ask

Getting arrested for DUI can be scary and overwhelming. Your driving privileges are on the line, and you’re facing criminal charges that could affect your job, finances, and reputation. Having the right lawyer by your side is crucial. But not all DUI attorneys are created equal. You want someone experienced who will fight aggressively on your behalf.

As you interview potential attorneys, make sure to ask these key questions to find the best legal representation:

How Long Have You Been Handling DUI Cases?

DUI law can be complex, with constantly changing regulations, technologies, and defense strategies. You want a lawyer who has extensive, up-to-date experience defending DUI clients. Ask specifically how many years they’ve been practicing DUI law, and how many DUI cases they handle annually. Look for at least five years’ experience and dozens of cases each year. As the old saying goes, “practice makes perfect.” An attorney who regularly deals with DUI charges will know the prosecutors and judges, understand the processes inside and out, and be ready to build the strongest case for you.

What is Your Track Record of DUI Case Results?

Every DUI case is different, but you want an attorney with a proven history of getting positive outcomes for clients facing drunk driving charges. Ask about their success record in plea bargaining, getting charges reduced or dismissed, and trial wins if a case goes to court. Request specific statistics on the percentage of cases where they avoided a DUI conviction. While past results don’t guarantee future outcomes, an impressive track record is a good sign you’re choosing someone who knows how to craft an effective defense.

Do You Have Experience as a DUI Prosecutor?

Many top DUI defense attorneys started out on the other side of the courtroom as prosecutors. This background gives them inside knowledge on how the prosecution prepares cases and where the weak points may be. Don’t be afraid to choose a lawyer who used to prosecute DUI cases – that experience working closely with police, testing procedures, and the DA’s office can strengthen your defense. Just be sure to ask how long they prosecuted versus defended DUI cases. You want someone who has more recent experience on the defense side.

What Will Your Involvement Be in My Case?

Some law firms hand off much of the legwork to less experienced junior attorneys and paralegals. You want to know exactly how much direct involvement the lawyer you meet with will have. Will they be by your side at every court appearance? Will they personally handle communication with the prosecution? Make it clear you expect the attorney you retain to directly handle all aspects of your defense.

How Do You Develop a Defense Strategy?

Every DUI case requires a customized defense. Ask attorneys to walk you through their strategic approach. Do they thoroughly investigate the arrest, including factors like road conditions, timing, police errors, and accuracy of breathalyzer results? Do they consider creative legal arguments, such as challenging the traffic stop or chemical test procedures? A skilled DUI lawyer will examine every angle of your case to build the strongest defense arguments.

Can You Get My Charges Reduced or Dismissed?

Many DUI cases end with plea agreements for reduced charges like reckless driving. In some instances, charges get dismissed entirely if the lawyer uncovers flaws in the arrest or testing process. Ask each attorney you interview if they’ve been able to negotiate reductions or dismissals for past clients facing similar DUI charges as yours. Gauge how confident they are about getting positive results in your specific case.

How Do You Handle the DMV Hearing?

After a DUI arrest, the DMV will hold an administrative hearing to decide whether to suspend your driver’s license. This is separate from the criminal court process. Ask attorneys about their approach to DMV hearings. Do they handle them personally? What strategies do they use to try to preserve your driving privileges? Make it clear you want an attorney who takes an aggressive stance at the DMV as well as in criminal court.

What Options Are Available If I Lose My License?

Many DUI defendants end up with suspended licenses. You need to know what options exist to maintain your driving privileges for work, school, and family responsibilities. Can the attorney request an occupational license? Are ignition interlock devices or restricted licenses possibilities? Don’t wait until after your case concludes to find out answers on license issues.

What Are Your Legal Fees and Payment Options?

The cost of a DUI defense can vary widely between attorneys. Ask upfront what their fees are, how they bill, and what payment plans or financing they offer. Be wary of lawyers who push for large upfront retainers before providing details on the services you’ll receive. Make sure billing terms and procedures are clearly defined in writing. Compare costs between attorneys to find one who fits your budget.

Do You Offer Free Consultations?

Many DUI lawyers offer free initial consultations. This gives you the chance to meet them, ask questions, and gauge their experience before paying any fees. If an attorney doesn’t provide a free consultation, cross them off your list. There are plenty who will consult with potential clients at no cost.

Can I Speak with Former Clients?

Don’t just take an attorney’s word about their DUI defense skills. Ask for contact information for several former clients who had cases similar to yours. Speaking directly to people the attorney represented will give you valuable insights into their abilities, communication style, and track record of results. If the lawyer hesitates to provide references, that’s a red flag.

Do You Have Experience with Cases Like Mine?

No two DUI cases are identical. The circumstances of your arrest and charges are unique. It’s important to retain an attorney familiar with cases like yours. For example, if you were charged with boating while intoxicated, look for a lawyer with extensive boating DUI experience. If there was an accident involved, find an attorney seasoned in DUI injury and wrongful death cases. Take time to fully explain your case details so the lawyer can confirm your situation is in their wheelhouse.

Choosing the right DUI lawyer is a big decision. Don’t rush into it or just pick the first attorney you find. Meeting with multiple lawyers, asking the right questions, and doing your research will help you make an informed choice. The lawyer you hire could make all the difference in how your case turns out and your future driving record and finances. Keep these questions handy as you interview attorneys, so you can find the best legal fighter for your DUI defense.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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