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DUI/DWI Defense Attorneys

Under New Jersey law, it is illegal to drive with a blood alcohol concentration of 0.08 percent or above (if you are over 21) or while under the influence of alcohol. This means that prosecutors do not need evidence of your BAC to secure a conviction. Of course, if the police tested your BAC, prosecutors will use your breathalyzer reading against you—unless your Trenton DUI attorney can keep your test results out of your case.

Challenging your BAC reading is just one of several potential defenses our attorneys may be able to assert on your behalf. When you choose Helmer, Conley & Kasselman, P.A. to represent you, our Trenton DUI attorneys will thoroughly analyze all possible defense strategies. Depending on the facts of your case, we may be able to help you avoid unnecessary penalties, or we may be able to help you avoid a DUI conviction entirely.

If you are entitled to a “not guilty” verdict in your DUI case, you need to fight for this verdict by all means available. Beyond potential fines and jail time, a DUI conviction can have many other consequences as well; and, in New Jersey, DUI convictions are not eligible for expungement.

Are You Entitled to a “Not Guilty” Verdict in Your Trenton DUI Case?

When facing a DUI charge in Trenton, you need to have a clear understanding of all of the relevant facts. You also need to understand how these facts can affect the outcome of your case under New Jersey law. For example, even if you were driving under the influence, you could still be entitled to a “not guilty” verdict if the police violated your legal rights.

When you choose our firm to represent you, our attorneys will determine if there are any defenses we can use to protect you against a “guilty” verdict in court. Some examples of defenses our attorneys may be able to assert on your behalf include:

You Were Not Driving Under the Influence

There are several ways to challenge the government’s evidence that you were driving under the influence. Is it possible that the breathalyzer device was not properly calibrated? Is there an alternate explanation for your high blood alcohol concentration (BAC) (i.e., you have a medical condition or had recently eaten a breath mint)? Did the arresting officer misinterpret your performance on the field sobriety tests? If there is any way our lawyers can raise issues with the government’s burden of proof, we may be able to help you secure a “not guilty” verdict in court.

The Police Violated Your Legal Rights

Even if the government has reliable evidence that you were driving under the influence, it may be possible to have this evidence suppressed by showing that the police violated your legal rights. Did the police stop you without reasonable suspicion? Did they arrest you without probable cause? Did they fail to read you your Miranda rights? All of these are possible justifications for filing a motion to suppress the government’s evidence against you.

The Prosecution Violated Your Legal Rights  

The police aren’t the only ones who can violate your legal rights. Prosecutors can violate your legal rights as well. If prosecutors withhold exculpatory evidence or violate your right to due process or a speedy trial, this could entitle you to a “not guilty” verdict as well.

The Prosecution Cannot Meet Its Burden of Proof

Regardless of the circumstances presented, the prosecution bears the burden of proving your guilt beyond a reasonable doubt. From having evidence suppressed to showing that the prosecution simply doesn’t have the evidence it needs to secure a conviction, there are several ways to defend against a DUI charge based on the prosecution’s burden of proof. Your Trenton DWI attorney does not need to be able to prove that you are innocent; your attorney just needs to be able to prevent the prosecution from proving that you are guilty.

What Penalties Are You Facing if You are Found Guilty of DUI in Trenton?

Drunk driving charges carry steep penalties under New Jersey law. The specific penalties you are facing depend on whether you are a first-time or repeat offender and various other factors. Generally, the penalties for DUI convictions in New Jersey include:

• Jail or prison time (including up to 30 days in jail for a first-time offense)
• Driver’s license suspension
• Insurance surcharges
• Hundreds (or thousands) of dollars in fines
• Mandatory alcohol education (at your expense)
• Mandatory ignition interlock device installation (at your expense)

Even if it is not possible for you to avoid a conviction entirely, it may still be possible to significantly reduce the consequences of your drunk driving arrest. When you hire a Trenton DUI attorney at Helmer, Conley & Kasselman, P.A., your attorney will examine all possible strategies for minimizing your penalties. While our primary goal is always to help our clients avoid a conviction, we will focus our efforts on protecting our clients to the fullest extent possible when necessary.

5 Important Facts About Facing Drunk Driving Charges in Trenton

If you are facing a DUI charge in Trenton, there is a lot you need to know. You need to make informed decisions, and you need to make sure you are relying on the advice and representation of an experienced attorney. Here are five important facts about your Trenton DUI case:

• You are not entitled to a jury trial. Even though DUI charges carry fines and jail time, you are not entitled to a jury trial. This is because New Jersey law classifies DUI as a traffic offense rather than a crime. This means that the outcome of your case will be determined by a judge who will simply consider the evidence presented and render a verdict based on New Jersey law.
• The judge won’t automatically suppress inadmissible evidence. Even if you are entitled to have evidence suppressed due to police or prosecutorial misconduct, the judge won’t suppress this evidence automatically. Instead, you will need to file a motion and convince the judge that he or she should not consider the prosecution’s evidence due to a violation of your rights.
• Failure to appear can result in additional penalties. When facing a DUI charge in Trenton, you are required to appear in court as scheduled. If you do not appear as required, you can be charged with failure to appear, and the judge can issue a bench warrant for your arrest. The municipal court will notify motor vehicles of your failure to appear and you will have your driver's license automatically suspended.
• Your case isn’t just going to go away. No matter how much you want to pretend that none of this ever happened, your case isn’t just going to go away. You need to take a proactive approach to your defense. If you don’t, you can expect to face steep penalties.
• It is up to you to protect your future. If you are going to avoid unnecessary consequences from your DUI arrest, it is going to be because you took the necessary steps to do so. It is up to you to protect your future, and this starts with hiring an experienced Trenton DWI attorney to represent you.

How Can a Trenton DWI Attorney at Helmer, Conley & Kasselman, P.A. Help You?

If you are facing a drunk driving charge, there are several ways a Trenton DWI attorney at Helmer, Conley & Kasselman, P.A. can help you. When you choose our firm, your lawyer will:

• Help you avoid costly mistakes. From failing to appear to say the wrong thing in court, there are several mistakes you need to avoid. Your attorney will explain everything you need to know so that you don’t jeopardize your DUI defense.
• Evaluate the relevant facts and available evidence. Your attorney will review all of the relevant facts and available evidence to determine the strength of the prosecution’s case and identify the defenses you have available.
• Develop a defense strategy. Based on the facts and evidence, your attorney will develop a comprehensive and cohesive defense strategy focused on protecting you to the fullest extent possible.
• Seek a lesser charge, if justified. If it appears unlikely that you will be able to avoid a conviction entirely, your attorney may be able to help you plead to a lesser charge that avoids the substantial consequences of a DUI conviction.
• Represent you in court. From filing motions to suppress the prosecution’s evidence to representing you at your bench trial, your Trenton DWI attorney at Helmer, Conley & Kasselman, P.A. will do everything possible to protect you in court.

FAQs: Defending Against a DUI Charge in Trenton, NJ

Is It a Defense that I Didn’t Realize I was Too Drunk To Drive?

No, in New Jersey it doesn’t matter whether you knew you were too drunk to drive. If you got behind the wheel when your driving abilities were impaired or your BAC was 0.08 percent or above, you violated New Jersey’s drunk driving statute.

However, this does not mean that you are without options. As discussed above, even if you were driving drunk at the time of your arrest, you could still have defenses available.

Is It a Defense that I Didn’t Understand What the Police Officer Told Me?

If you did not understand what you needed to do when taking the breathalyzer or field sobriety tests (FSTs), this could potentially provide you with a defense. Under New Jersey’s implied consent law, the police are required to explain the state’s breath test requirements in a language you can understand. If you didn’t know what you needed to do to “pass” the FSTs, this could provide you with a defense as well.

Will I Go To Jail if I Get Convicted of DUI?

Jail time is a possibility for all DUI offenders in New Jersey. However, it will often be possible to avoid jail time with the help of an experienced Trenton DUI attorney.

Is It Worth Hiring a Trenton DUI Attorney if I Am Guilty?

Even if you think you are guilty, you should still hire an attorney to represent you. You could have a variety of defenses available, including defenses that may entitle you to walk free. At the very least, your attorney will be able to help minimize the consequences of your DUI arrest.

Speak with a Trenton DUI Attorney in Confidence

If you are facing a DUI charge in Trenton, we encourage you to contact us promptly. Call 609-337-2090 or tell us how we can reach you online to schedule a confidential consultation today.