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Drunk Driving: Why I Need a DWI Attorney

New Jersey Statute 39:4-50 defines the traffic offense of driving while intoxicated as:

“a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood.”

An individual arrested and charged with driving under the influence is not required to have an attorney appear with them in court or provide them with legal representation.  In fact, because a New Jersey DUI is considered a traffic offense, the proceedings occur before a Judge, without a jury, and any individual can appear to plead guilty or to represent themselves at trial. 

Benefits to Retaining a DUI Attorney

Because a DUI case is considered a traffic offense, many New Jersey residents believe that they can save money by representing themselves in court or hiring a general practice attorney.  Unfortunately, the consequences of a DUI conviction are severe including imprisonment, the installation of an Ignition Interlock Device, as well as significant fines, fees, surcharges and other obligations, such as community service, making it critical to have a DUI attorney working to defend you and to minimize the possible consequences imposed against you.  If suspended, New Jersey does not allow a hardship license or any ability to drive even to work). Therefore, a conviction for DWI can have a negative effect on your life and ability to work and travel for many years after the violation.

Many people do not understand the benefits to retaining a DWI defense attorney including:

  • Suppression of Evidence: There are many different reasons why evidence gathered by law enforcement can be suppressed so that it cannot be used against you in court.  Perhaps the sobriety checkpoint did not adhere to guidelines established by the New Jersey Superior Court or the police did not have probable cause to arrest you.  Or, in the case of a motor vehicle stop, was there a sufficient quantum of suspicion to allow the police to stop you? Only an experienced DWI lawyer is knowledgeable on the evidence that can be suppressed and the manner to have it thrown out of court.
  • Defenses: Each New Jersey DUI case is unique based on specific facts and the possible defenses that apply vary from case to case.  For example, a person’s particular physical and medical condition may cause them to fail a field sobriety test, or the arresting and testing officer may not have followed the guidelines and procedures necessary to administer either the field sobriety tests or a chemical breath test. Only a skilled DUI defense lawyer understands which defense will result in the elimination of the charges filed against you. 

Helmer, Conley & Kasselman, P.A – Experienced New Jersey DWI Lawyers

There are serious consequences for a DWI conviction that include time in jail, the suspension of driving privileges and imposition of significant fines.  Plea bargaining is prohibited in DUI cases making it necessary to retain a skilled New Jersey DWI lawyer from Helmer, Conley & Kasselman, P.A. to build a defense, suppress any evidence that was wrongly obtained to be used against you and work to dismiss the case against you. 

HCK’s attorneys have specialized training in defending DWI cases. Collectively they have defended thousands of DWI cases.

Our team of attorneys will also stand by you if your case proceeds to trial and will work tirelessly to minimize the consequences that are imposed in the event that you are found guilty.  Contact our office today.

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