196 East Commerce Street
Bridgeton, NJ 08302
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.
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 New Jersey DUI defense 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:
When selecting a lawyer to handle your drunk driving case, you need to ask lots of questions. How much experience does the attorney have in DUI/DWI matters? Will he or she personally handle your case? What outcomes can you reasonably expect before and after trial?
But, when evaluating potential attorneys, the questions they ask can tell you a lot as well. A skilled DUI lawyer should know the questions to ask in order to quickly narrow down the issues in your case and begin formulating a strategy to secure the best possible outcome. These questions include:
While everyone’s biology is unique, an experienced DUI/DWI lawyer will be able to assess whether, based upon your alcohol consumption, your blood alcohol content (BAC) reading and the arresting officer’s interpretation of your performance on the field sobriety tests (FSTs) are likely to be accurate.
Even if you were drinking, if the effects of the alcohol should have worn off by the time you were arrested, there may be another explanation for the driving behavior that caused you to get pulled over. If you were drinking shortly before your arrest, your BAC could have risen between the time you got pulled over and the time you took the Alcotest.
Certain medical conditions can cause erratic driving behaviors and poor performance on FSTs. If you suffer from a medical condition, your condition may provide a solid defense to your DUI/DWI.
The police cannot pull you over for no reason. If the arresting officer lacked reasonable suspicion to pull you over, or if he or she lacked probable cause to make an arrest, any evidence obtained following your traffic stop may be inadmissible at trial.
If you were lawfully arrested, anything you said to the arresting officer could be used against you in your case. Your New Jersey DUI defense attorney will need to know everything you said in order to address any incriminating statements you may have provided.
If you refused to submit to an Alcotest, you could be facing additional charges and penalties on top of your DUI/DWI.
Additional questions you can expect an experienced attorney to ask during your initial consultation include:
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 DUI defense attorney 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 DWI 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 and call 1-877-Helmer1.
Don’t let your rights be jeopardized.