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.
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.
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.
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.
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.
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.
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.