Legal Question in DUI Law in New Jersey
Dui question, i was under the limit
I was pulled over for failure to maintain lane. The cop gave me sobriety tests, which I passed, but then arrested me for failing the breathalyzer. He didn't tell me what I blew, till I got back to the station and blew in the new breathalyzer. Then he told me what I blew at the car. I blew a .07 at the station and he said I was higher at the car. Did he need to tell me right away what I blew at the car before arresting me? I was also told by him that I could still get charged for DWI, even though I was under the limit. Please help, as I can not lose my driver's license or have this on my record. I passed the sobriety tests, passed the breathalyzer at the station, but failed the breathalyzer at the car.
4 Answers from Attorneys
Re: Dui question, i was under the limit
Based on what you wrote, it seems that there could be a very good chance to completely win your case. I would have to review the evidence, but once I do if it conforms to what you say I will file the appropriate motions to dismiss the charge, or if necessary to take the case to trial and win it that way. I am an attorney who has handled many cases similar to yours in numerous municipal courts throughout New Jersey in the past. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply discussing a case with me. And also, please accept my apology for the late response to your question - I have been caught up in a big criminal appeal matter and have not had the time to check my e-mail for a couple of days.
Sincerely yours, Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
Re: Dui question, i was under the limit
You have a good case to defend against the dwi charge. The .07 reading is less than the reading needed for a presumption of guilt. The "reading" at the car does not make any sense as NJ does not have mobile breath test machines.
With a charge of DWI, it is still advisable to retain an attorney to review the State�s evidence against you. In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If you plead guilty or are found guilty you are subject to fines and penalties. Seeking an advice of an attorney is always advisable
The minimum fines and penalties are:
Violation: N.J.S.A. 39:4-50 (Driving While Intoxicated/Driving Under the Influence of Alcohol).08 but less than .10 First offense is a $250.00 - $400.00 fine, 12-48 hours in a IRDC detainment center and at the Court�s discretion, not more than thirty (30) days in jail; three (3) month suspension of your driver�s license. Court may order supervised visitation program and ignition interlock device for 6 mo to 1 year.
In addition to the basic penalties, there are additional fines including a drunk driving enforcement penalty of $100.00, a safe neighborhood penalty of $75.00 and surcharges which could amount through DMV of $1,000.00 a year for three (3) years and additional penalties if involved in an accident or other specific motor vehicle violations.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the
Commonwealth of Pennsylvania. With more than 15 years experience, Blair represents clients in Municipal Courts throughout the State of New Jersey. The information contained in this response is intended to provide general information regarding a general legal question. This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.
Please contact me for a free initial consultation.
Blair C. Lane, Sr. Attorney at Law
Two Split Rock Drive
Suite 5
Cherry Hill, NJ 08003
Telephone: 856-489-4353
Facsimile: 856-489-4363
E-MAIL: [email protected]
Web Site: www.njattorneyatlaw.com
Re: Dui question, i was under the limit
Based on the info you provided it sounds like you have a very defensible case. Any attorney including myself would need to look at the discovery in order to advise better. If you need more info call me at 732-286-2170.
John
Re: Dui question, i was under the limit
You are in great shape to defend against the dwi charge. Remember that the state has the burden of proving your guilty beyond a reasonable doubt. The .07 reading is less than the reading needed for a presumption of guilt and your performance on the other tests contradicts your being under the influence of alcohol.
I like your chances.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
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