Aggressively Protecting The Rights Of People Charged With Drunk Driving In New Jersey
A conviction for drinking and driving can have immediate and devastating consequences in your life. You can incur substantial fines and may have to serve a jail sentence. Your auto insurance premiums will likely go up, and you could be without a driver’s license for an extended time. You could also jeopardize your employment. Because of the potential implications of a DUI conviction, you want an experienced and aggressive lawyer to protect your constitutional rights.
You want The Law Office of Mallon & Tranger. We understand how important your DUI prosecution is. We will take the time to listen carefully so that we can determine the unique circumstances of your case, as well as your objectives.
Our DUI And DWI Defense Practice
We aggressively protect the rights of people charged with drunk driving in New Jersey. We will advocate for you at any step of the process, whether you have just been pulled over, are facing arraignment or want to take your case to trial. Because of our considerable experience as trial attorneys, we know when it’s in your best interests to pursue a plea agreement and when you want to fight for your rights before a judge and jury. We will be your voice throughout the process, from the administrative hearing to determine the status of your driving privileges to the criminal proceeding to set penalties.
We know that law enforcement officers can be overzealous in their attempts to enforce DUI laws. We will carefully examine the evidence, including the police report, to verify that there was probable cause to pull you over and that you were properly advised of your constitutional rights. We will review the field sobriety test for compliance with accepted guidelines and will confirm that blood alcohol or breathalyzer tests were administered correctly.
If you have been pulled over at a checkpoint or for any other reason and been arrested on suspicion of drunk driving, you may be able to challenge an illegal stop. At The Law Office of Mallon & Tranger, we are experienced in the defense of drunk driving charges and will fully investigate the details of your arrest. We will file appropriate motions with the court to challenge the probable cause in your case and seek to defeat any charges against you.
Sobriety checkpoints are used by law enforcement officials to stop drivers and check them for drug or alcohol impairment. Usually, law enforcement officials will make a procedural decision to determine where a checkpoint will be set up and how many cars will be stopped. If you have been checked at a sobriety checkpoint and were arrested or charged with DWI, you have an opportunity to defend yourself.
Now is the time for advocacy. Now is the time for action. Now is the time for results. Call 732-702-0333 or contact us online for a free consultation or case evaluation with our Freehold DWI roadside testing attorneys.
At The Law Office of Mallon & Tranger, our attorneys are experienced in the investigation and defense of clients charged with DWI after being stopped at sobriety checkpoints. If you were stopped, you were probably asked for your license and registration. If you were asked to blow into a Breathalyzer or given another field sobriety test before you were charged with DWI, you may be able to challenge the evidence being used against you.
What Are The Reasons Police Stop Cars At Roadside Checkpoints
Our firm’s attorneys know that police officers will come up with any number of reasons to pull someone over. Did you know that law enforcement officials, including police officers, must have probable cause to pull you over? A police officer cannot simply pull you over for any reason, give you a Breathalyzer and then charge you with DWI. Officers must have a reason to pull you over such as:
- Swerving or other obvious driving impairment
- Lights out
- Speeding or other moving violation
- Invalid license plate or stickers
Defeating DWI Charges — Challenging Probable Cause
Our firm is experienced in the defense of drunk driving charges involving illegal stops. We represented one client who was pulled over for driving “too slow,” even though he was only driving 5 mph under the speed limit. This is not reason enough to pull someone over and did not rise to the level of probable cause. If you believe that you were pulled over without probable cause, we may be able to challenge the evidence used against you and defeat your underlying DWI charge.
Answering Your DWI Questions
If you have been charged with a drunk driving offense, what you do not know about New Jersey DWI laws can have serious repercussions. Many motorists have misconceptions about their rights and the extent of their driving privileges, which can lead them to make costly mistakes when they are arrested on DWI charges.
Since 1985, our legal team at The Law Office of Mallon & Tranger has championed drivers’ rights at all stages of the legal process. When you retain us, we will act quickly to defend your case and tailor a legal strategy according to the circumstances surrounding your DWI matter.
To better serve you, we are including these answers to questions our clients commonly asked about DWI charges.
How does New Jersey’s zero-tolerance law affect minors?
Unlike drivers who are over the age of 21, minors can be charged with a violation if alcohol is detected in their system. Adults with a detected blood alcohol concentration (BAC) of .08 or above can be charged with DUI or DWI. For minors, a BAC of .01 can result in a charge. Young drivers convicted can face these penalties: postponed or lost driving privileges, community service and enrollment in educational programs. Underage drinkers may face a variety of other charges as well.
What penalties can first-time offenders face for a DWI in New Jersey?
Drivers who have been convicted of operating a passenger vehicle with a BAC between .08 and 1.0 can suffer serious financial penalties and punishments. Financial penalties include insurance surcharges, court-imposed fines and administrative fees. First-time offenders lose driving privileges, may have to serve jail time, and are required to undergo a drug or alcohol evaluation and attend classes at the Intoxicated Driver Resource Center. The driver is responsible for the costs associated with classes and assessments.
If you are convicted of a first-time DWI and cannot pay the fines, you risk losing your driving privileges for an indefinite time and having your wages garnished.
Do the penalties increase for repeat offenders?
The penalties for a repeat DWI conviction are severe. The penalties for a second conviction can include:
- Fines of $500 to $1,000
- Driver’s license suspension for two years
- Incarceration of two days to 90 days
- Community service
- Mandatory drug and alcohol treatment
- Installation of an ignition interlock device
The penalties for a third conviction can include:
- Fines of at least $1,000
- Driver’s license suspension for 10 years
- Incarceration for 180 days
- At least 90 days of community service
- Mandatory drug and alcohol treatment
- Installation of an ignition interlock device
You could face additional penalties for charges accompanying a DUI or DWI such as drunk and disorderly conduct, possession of a controlled substance, or assault by automobile.
What happens if I refuse a breathalyzer test?
When New Jersey drivers sign their driver’s license, they agree to take a drug or alcohol breath test when law enforcement requires it. If you are pulled over, you could be arrested if you refuse to submit to this test. Other possible penalties for refusal include temporary loss of license and fines.
Are sobriety checkpoints legal?
While the Supreme Court has declared that checkpoints are legal and do not violate search and seizure laws, the searches must follow specific guidelines and be performed with minimal intrusion. An officer may be looking for any of the following indications of intoxication:
- Visible signs (bloodshot eyes, fumbling)
- Odor of alcohol in the vehicle
- Swerving or other evidence of drunk driving
- Visual evidence, including paraphernalia or bottles
- Slurred speech or other impairments
- The driver admitting to using drugs or alcohol
If you were pulled over, you want an attorney involved as soon as possible. Remember that you have the right to remain silent throughout the process. You also have the right to refuse field sobriety tests. You are required to submit to any chemical testing, including Breathalyzer or urine testing, but can leave if you are not arrested.
Does DUI and DWI also apply to drug use?
Drug intoxication can also contribute to a DWI or a DUI. If a police officer suspects that you have a controlled substance other than alcohol in your system, they can request a blood or urine test to test for drugs. Marijuana, cocaine, methamphetamines and opioids are just a few of the substances that these tests can identify. If the drug test indicates that you drove a vehicle while under the influence of an illegal drug, you could receive the same penalties that apply to alcohol-based DUIs and DWIs.
How can an attorney help me with a DWI case?
You may think that representing yourself in court and accepting a guilty plea for a DWI will save you money and time. However, this decision can have costly consequences.
Our attorneys have a substantial understanding of New Jersey’s DWI laws. We know how to use the law to reduce the impact that the case has on your future. We have negotiated favorable plea deals on behalf of our clients, enabling them to protect their driving privileges. If the prosecution seeks strong penalties, our lawyers will mount a defense to challenge the evidence.
Contact Our Offices In Freehold And Point Pleasant
We offer free initial consultations to people in New Jersey who are facing DUI or DWI charges. To set up a meeting, contact us online or call us at 732-702-0333 for an appointment.