DUI

New Jersey DUI Attorneys

Convictions for DUI and/or Refusal can have a major detrimental impact on one’s ability to earn a living as they carry periods of license suspension ranging from 3 months to 20 years, thousands of dollars in fines and surcharges, and, in some cases, mandatory jail time. If you have been charged with DUI or Refusal, it is essential that you select elite and proven legal counsel to represent you. The firm acts of counsel to individuals that have been arrested and charged with DUI and Refusal in New Jersey.

Unfortunately, some law firms today will take your money, show up to court, tell you that “there is nothing that they can do because the evidence is overwhelming” and then recommend you plead guilty to DUI and/or Refusal. At Schiller McMahon, our approach is just the opposite, which is backed by our repeated, successful results. Our New Jersey DUI Attorneys use aggressive, cutting-edge approaches in the defense of DUI and Refusal charges on behalf of our clients. Our team of attorneys diligently reviews the facts of every case with a focus on exposing every single issue in the prosecution’s case and presenting all relevant legal defenses.

Absolutely. You need an attorney that knows how to try a case, not an attorney that’s gonna fold at the last minute and recommend that their client plead guilty to an offense rather than taking the case before a judge and cross-examining the officers involved. You want an attorney that has experience in cross-examining police officers and knows how to win cases and if you look at our results and our experience, that’s exactly what we do. Our DUI lawyers can help to either get the charge dismissed or to reduce the sentence associated with the DUI offense.
The firm is equipped with two former Assistant Prosecutors with significant and rare trial experience. Using a collaborative approach, Mr. Schiller and Mr. McMahon work hand-in-hand on all DUI cases to ensure that our clients have the best chance of success. We have one goal – to achieve the best possible outcome for every single client on every single case.

As former prosecutors, we know both sides of the fence. We know how to prosecute these cases, so that puts us in a better position to defend against them. Our Reputation speaks for itself. We’ve been able to establish a reputation in the state and that does help in negotiating resolutions.

If you look at what we’ve been able to do in the private sector over six years defending clients with DUI offenses, our results speak for themselves.

The reason you need a DUI lawyer is that there are many ways that you can attack a DUI in New Jersey. We attack it in three ways. The first way that we look at is was there a legitimate and lawful reason for the police to pull you over. If the answer to that question is no then there’s a possibility that we can have the entire matter dismissed outright. If the police did have a valid reason to pull you over, for instance, you taillight was out, or you made an improper turn, or you were speeding, we move on to the next step and that is to determine if the police had probable cause to arrest you for suspicion of DUI. It’s the same analysis on that question, if the police did not have probable cause to arrest you for suspicion of DUI and bring you back to the police station to undergo the alcohol test then again, there is a strong possibility that we can have the entire matter dismissed.

In some occasions, the police did have a valid reason to pull you over and the police did have probable cause to arrest you for suspicion of DUI. The third step is to have the results of your alcohol test suppressed from the matter.

Probably Cause and Field Sobriety

Our attorneys possess a unique, in-depth knowledge of the laws surrounding DUI as well as the procedures that law enforcement must follow throughout the course of a DUI arrest. Using the analysis above, Schiller McMahon has achieved the dismissal of DUI charges through motions and trial time and time again.

Most oftentimes, we will find success in attacking the probable cause for the arrest of a DUI. The way that police officers establish probable cause is by their observations of how you were driving your motor vehicle, by their interaction with you, the way you’re talking, the way you’re responding to questions, and their observations of you generally. Are they gonna say that you had droopy eyelids, are they gonna say your speech was slurred, are they gonna say that you had a problem getting out of your car, did you have to hold on to the door for support. But the most important function that the police will kind of use to establish probable cause is the field sobriety tests.

In New Jersey, there are three standardized field sobriety tests that are administered. That is the HGN test, also known as the horizontal gaze nystagmus test, the walk and turn and the one leg stand. A good DUI lawyer is going be well versed in how these tests are supposed to be administered as well as what the clues are to determine whether or not someone passed or failed each test.

There are also situations where there is no alcohol test reading, but the police are still alleging that the arrested person was driving under the influence. In this case, the prosecutor can only find the client guilty by proving that the client was guilty by the police officer’s observations.

Our DUI Lawyers have expertise in field sobriety tests and how they are administered and interpreted as well as videos associated with the case.

What we do first is get our hands on any video associated with the arrest or with the motor vehicle stop. The video could come in the form of the dash cam video, what’s known as the MVR, the mobile video recording or in what now is becoming more readily used. Body cam footage is also investigated as body cams are being instituted in most departments. We strive to get our hands on the video and see exactly what happened from the police officer’s point of view. We’ll assess the person’s operation of the motor vehicle, whether or not they committed any motor vehicle infractions and even if they did commit a motor vehicle violation, were they operating their vehicle otherwise in a normal manner. We’ll listen to the conversation, we’ll listen to how the person is speaking to the officer, whether or not they’re responding to the questions, whether or not their speech is slurred, but most importantly we will focus on those field sobriety tests.

We find oftentimes that our lawyers know more about the field sobriety tests than the police officers that are administering them. We found a lot of success and we’ve been able to get a lot of cases dismissed because we were able to basically establish that either the police officer didn’t know how to administer these tests or didn’t know what he was looking for in the test or that the person actually passed the tests.

For a first offense in New Jersey if you have a breath test reading of point 08 or point 09, the sentence associated with a conviction is a three month loss of license, about $650 dollars in fines, 12 hours in the IDRC, which is the Intoxicated Drivers Resource Center, and a three thousand dollar surcharge to the DMV payable a thousand dollars each year for three years.

If your breath test reading or your alcohol test reading is a point .10 or above, the license suspension increases from three months to anywhere between seven and 12 months. The remainder of the penalties are the same if it’s a .15 or above, there’s a mandatory penalty, which is the installation of the ignition interlock device in your vehicle for a period of at least six months after you get your license back.

In a lot of cases what we’ll see is somebody with an alcohol test reading of over point one five. We kind of attack that case two-fold, we will obviously look to get the case dismissed, but if we can’t, we will look to attack the alcohol test reading so that we can minimize the penalties and maybe save that person a couple months of license suspension.

The penalties for a second offense, it’s a two-year loss of license and the penalties for a third offense, 10-year loss of license and 180 days in county jail.

One of the questions that we get all the time is, “do I have to take a breathalyzer test,” or “should I take a breathalyzer test?” The legal answer to that question is yes, you have to take a breathalyzer test. New Jersey is an implied consent state, which means that when you drive your vehicle, you basically give your implied consent to take an alcohol test if the police suspect that you’re driving under the influence of drugs or alcohol. One of the things that I tell all of my clients, friends, and family is that you should absolutely take the alcohol test.

There are a multitude of ways to attack the reliability and admissibility of an alcohol test, whereas if you’re charged with refusal, there are only a handful of ways to defend yourself, making it harder to beat your charges.

With respect to the field sobriety tests, the answer to the question is you don’t have to take the field sobriety tests. Depending on how drunk or intoxicated you think you are, you may make a decision to either take those tests or not. But the safe answer is to advise people to take the field sobriety tests so that we can attack those tests in court.
A common question people want to know how long this is gonna go on for. The answer is in New Jersey DUI cases are supposed to be disposed of within 60 days, but realistically it never happens. I’ll say a safe time frame would be three to six months, but we have cases that can last up to two or three years depending on the type of case.
A common question is if it’s possible to obtain a provisional or a temporary license to get to and from work after a DUI conviction. The answer is no. As of right now, the legislator does not allow for a work license in New Jersey.
In some cases, clients are facing their second, third or even fourth DUI charge. In those cases, Schiller McMahon will collaterally attack all prior convictions through Post-Conviction Relief applications. The goal in doing so is to vacate any prior convictions using a variety of legal tactics to reduce the potential penalties associated with the new charge(s). Our firm has had substantial success collaterally attacking prior DUI convictions on behalf of our clients.

 

Contact Us Today

A DUI charge can have a significant impact on your personal and financial life. With a loss of license and mounting fines looming over you the right defense is extremely important. If you or someone you know has been charged with DUI and/Refusal in New Jersey, contact Schiller McMahon today for a free, in-person consultation. At that consultation, we will discuss the particular facts of your case and provide a detailed analysis of how we intended to attack the charge on your behalf.

Khaseem Greene
Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job

5.0
2019-09-03T13:58:30-05:00
Would go to them again. Josh was very straight forward he knows what he is doing and completely confident I would recommend this firm to everyone . Thank you Josh for helping and doing a great job
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.

5.0
2019-09-03T14:11:47-05:00
Brian helped twice in the last five years. He did such a great job. Everything was handled with care each time. The cases were personal injury and estate. I highly recommend this firm.
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility

5.0
2019-09-03T14:12:45-05:00
Josh is the Man. Had him as a professor. You may not like how straightforward he is but don’t confuse it with arrogance but know its out of humility
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.

5.0
2019-09-09T13:05:13-05:00
I have worked with both Josh McMahon & Brian Schiller and they are both amazing. As a client I am not looking for someone to sugarcoat anything but I want a Pitbull that will get results.
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.

5.0
2019-09-13T13:15:02-05:00
Brian and Josh have done a great job representing me on two cases. They are prompt with their responses and honest. They look out for the best interest of their clients but upfront with them at the same time. I would never hesitate to recommend Schiller McMahon to any of my friends.
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.

5.0
2019-09-15T08:41:01-05:00
Brian Schiller represented me on a misdemeanor assault case. I found myself in a position which I never thought I'd be in. I was scared that my whole life would be derailed by an incident which happened so fast. Brian remained calm and professional through the process, which helped me to relax and feel assured. After a number of appearances in court, Brian's persistence paid off and my case was thrown out.
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.

5.0
2019-09-16T16:10:00-05:00
I have personally had the pleasure of being represented by Brian and he was the best. He was there for me every time I needed him and any question I had he was able to get an answer for me. Any time I need legal representation in the future I will be sure to contact him first.
Great Firm and had a great experience! Would highly recommend.

5.0
2019-09-18T18:47:51-05:00
Great Firm and had a great experience! Would highly recommend.
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