Highly Dependable DWI Attorney in New Brunswick, NJ Passionately Defends the Rights of Drivers Facing DWI Charges in Middlesex County and Throughout New Jersey
While a drunk or drugged driving conviction in New Jersey will have a serious impact on your life, you have the right to a strong and dependable legal defense that fights for the best possible outcome for you irrespective of the specifics of your arrest. The sooner our DWI attorney in New Brunswick, NJ can get involved in your case, the sooner we will be able to challenge the charges you face. There are many ways that our New Brunswick DUI lawyer can defend you against DUI and DWI charges in New Jersey, so call us today to learn more about how we can help you and what legal options are open to you.
Our New Brunswick DUI Lawyer Will Handle All Legal Proceedings Every Step of the Way
From your arrest to the final decision by the court, we will work diligently to discredit the case of the prosecution. Here is how we can do so.
Arrest
You can only be convicted if the traffic stop that led to your DWI charges was valid, and the stop will only be valid if the arresting officer had evidence or a reasonable suspicion that some kind of motor vehicle violation was committed. As per precedents established by the New Jersey Supreme Court, the police must have valid, explainable, and reasonable suspicions that a traffic law violation had occurred before they can legally make a DWI stop.
Once you are stopped, the police can only make an arrest and conduct a breathalyzer test if they have probable cause to believe that you were intoxicated. In most cases, the arresting officer can administer one of several field sobriety tests, but of the options available to them, only three have been scientifically proven to be accurate – that too only if they are administered correctly. While you have the right to refuse a field sobriety test, that will not stop you from being arrested. However, you can use proof of an incorrectly performed test or lack of probable cause for a stop to beat the DUI or DWI charges that you face.
Arraignment
Once you are charged with a DWI, a DUI, or a refusal to submit to a field sobriety test, you will receive a complaint. Once it is filed, you must make your appearance at your arraignment. At this hearing, the charges you face will be read and you will be informed of your rights. It is here that you will enter a plea of either guilty or not guilty.
If you have retained the services of an attorney to represent you, your initial appearance at the arraignment can typically be waived. In other words, the arraignment can be adjourned by your DUI lawyer who will send a letter to the court informing it that you are represented and that you were advised of your rights. The lawyer will also inform the court of your plea of either guilty or not guilty.
Discovery
The discovery process starts when the prosecution hands over all of its evidence to your attorney. It is here that our DWI attorney in New Brunswick, NJ will get your statement and any other evidence that we can to support your case. We will also ask questions to determine whether we have grounds for an immediate dismissal of your charges. We can do this by proving:
- Lack of probable cause or reasonable suspicion of the arresting officer for your traffic stop
- Lack of probable cause for the arresting officer to believe that you were intoxicated
- A failure of the arresting officer to advise you of your Miranda rights
- The improper administration of your breathalyzer test
- Incorrect breathalyzer readings
- Illegal search and seizure will apply if your blood was drawn to test your BAC
Breathalyzer instruments must be professionally maintained, calibrated, used, and read. The operator must also record the steps taken when calibrating it before every test. A coordinator’s certificate is required to show that a breathalyzer machine used in the field was properly maintained and that its operator knows how to properly calibrate, use, and inspect it.
Our New Brunswick DUI lawyer has extensive experience handling cases in which breathalyzer tests were incorrectly administered and/or breathalyzer readings were incorrectly recorded or interpreted. Since the results of your breathalyzer test will likely be a central point of discussion throughout your case, it is of critical importance that you do not overlook opportunities to prove that your rights were somehow infringed upon with the test and that test results be excluded from your case.
DUI Charges in New Brunswick, NJ
As per the New Jersey State Police, drunk and impaired driving has become the leading cause of traffic-related fatalities in New Jersey, surpassing distracted driving. Almost two people are killed every day in alcohol-related traffic accidents in New Jersey. Our New Brunswick DUI lawyer will fight to protect you against the DUI and DWI charges you face so that you do not lose the rights and privileges you currently enjoy because of a one-time driving oversight. Contact us today to learn more about how we can craft a sound and convincing legal defense for you.
Contact LaBletta & Walters’ Experienced DWI Attorney in New Brunswick, NJ Today for Skilled Representation in Your DUI or DWI Case
Our team is just a call away. We are here to help and can help you avoid the fees, penalties, and other charges that come with DUI and DWI convictions. Do not take these charges lightly and contact us today for a free, no-obligation case evaluation.