Defending a First Offense DWI (39:4-50) Charge in New Jersey

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) December 9, 2009 --

As a New Jersey DWI attorney, I am frequently asked the same question of those charged with driving while intoxicated in New Jersey: "Is there anything I can do to avoid losing my license?" If you have been charged with first, second, or third offense DWI in NJ, please take note...YOU CAN WIN YOUR CASE or reduce the penalties you face. My name is Todd Palumbo and I am a New Jersey DWI attorney. Please take a moment to review this information. For a more comprehensive explanation of the law please visit my website, the link for which is at the bottom of this page. If you need to speak with a lawyer immediately, please call 908-451-2667.

In just about every DWI case I take on, there are multiple defensible issues, both procedural (i.e police administration of the field sobriety test and Alcotest (breathalyzer)) and substantive (i.e. blatant violations of existing case law and constitutional law). Does every defect lead to a dismissal of a driving while intoxicated offense in New Jersey? The answer is no. But if the mistake is serious enough, or if there are multiple mistakes, it is possible that the prosecutor or the judge may be convinced that the State will not be able to prove your guilt beyond a reasonable doubt.

The most defensible NJ DWI offense is a first offense driving while intoxicated charge. This is a because first offense DWI has a tiered penalty structure. The loss of license can range from 3 months to 1 year. Therefore, it is often the case that an experienced DWI lawyer will be able to significantly reduce the period of suspension that you may be facing. Moreover, although there is no plea bargaining DWI charges, the court will be aware during a trial that you are a first offender. This is not supposed to influence the court, but I am of the opinion that it has some effect.

One of the hardest things for my DWI clients to understand is the no plea bargaining rule. This means that a prosecutor has no discretion to downgrade or dismiss a DWI offense for any reason other than legal and procedural defects that would call into question the State's ability to prove the case beyond a reasonable doubt. Even then, the reasons must be on the record and clearly presented. The reasons can not be made up or pulled out of thin air. The judge and the prosecutor could lose their jobs for that type of thing. What does this mean for the DWI defendant? That fact that you have a family, or children, or are going to lose your job as a result of DWI conviction has absolutely no bearing on the situation. The onus lies squarely on the shoulders of the attorney who represents the defendant to show that there are genuine legal issues in play.

For many, having a driver's license suspended is the worst possible scenario. Therefore, DWI offenses are intensely litigated. As a result, there is a body of complex and technical case law that influences each DWI matter. In my opinion, it takes an attorney who specializes in DWI defense to truly understand the best defenses that may be available. I have been certified in the both the administration of the Alcotest and the administration of the standardized field sobriety test, a claim that few attorneys in the state can make. If you have any questions or need more information, please call or visit my web site. I have multiple DWI entries that can be searched by topic.

More information can be found online at http://essexcountynjcriminalattorneys.wordpress.com/2009/09/12/first-offense-dwi-essex-county-new-jersey/

First Offense DWI New Jersey     NJ DWI defense lawyer