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The New Jersey State Trooper and Kenilworth Police arrest hundreds of drivers each year for driving while intoxicated in Kenilworth New Jersey . If you’ve been charged and arrested for driving while intoxicated or driving under the influence of drugs, our firm can use its combined 40 years of experience in the Kenilworth Municipal Court to help you get your best result. We are experience driving while intoxicated trial attorneys. Alternatively, we can use our experience to negotiate your best possible outcome prior to trial if that is the best course of action. As noted below, an attorney in our firm has been certified in both the administration of the standardized field sobriety tests and the administration of the Alcotest. If you have any questions or would like a consultation we can be reached 24 hours a day.
The most serious motor vehicle charge heard in the Kenilworth Municipal Court is DWI (in New Jersey, DWI and DUI, driving under the influence, are interchangeable terms). NJSA 39:4-50 outlines the elements of and the punishment for DWI relates offenses. Depending upon what number offense you may be facing the penalties vary widely between 1st, 2nd, and 3rd offenses. The severity of these penalties culminate with a third or subsequent offense where you could face mandatory 6-month County jail sentence and a 10-year revocation of your driving privileges . Additionally driving while suspended as a result of DWI related conviction could result in an indictable criminal charge with mandatory State Prison time. This is why it’s so important to choose your representation carefully.
New Jersey has historically treated DWI offenses more seriously than other motor vehicle law violations. For instance, defense lawyers, prosecutors and/or judges cannot use plea bargains to resolve DWI charges. DWI defendants also face severe penalties consisting of substantial fines/surcharges, loss of driving privileges and jail time. Judges have very little discretion in imposing sentences in DWI matters.
Therefore, if you have been charged with DWI in Kenilworth, you need the services of experienced New Jersey DWI attorneys. Lubiner, Schmidt & Palumbo are those attorneys. We have handled hundreds of DWI cases throughout New Jersey. Among the attorneys at the firm is a former prosecutor and a DWI attorney trained in the same Alcotest and standardized field sobriety tests administered by the police when they make DWI arrests.
Just because you have been charged with a DWI does not mean that you will automatically be convicted. Remember, the municipal prosecutor will have to prove not only that you were intoxicated but also that the police officer who arrested you acted in accordance with New Jersey law. For instance, did the police officer have a reasonable basis for stopping you? A broken taillight, disregarding a traffic signal, etc., can be the basis of a legitimate stop. But the officer must be able to articulate that basis.
Once it is established that the police officer had a reasonable basis to stop you, the next line of inquiry is whether the police officer had probable cause to conduct an additional investigation, that is, administer a field sobriety test or a breath test. Experienced DWI attorneys, such as those at Lubiner, Schmidt & Palumbo, know that all the circumstances surrounding the traffic stop and subsequent police investigation have to be examined in minute detail to insure that the police followed the proper procedures in gathering evidence of impaired driving. As stated above, one of Lubiner, Schmidt & Palumbo’s DWI attorneys has received the same training that police officers do in administering the Alcotest and field sobriety tests.
The Alcotest is the most common test administered in DWI cases. This breath test can be given by the police officer; medical personnel do not have to administer these tests. HOWEVER, the prosecutor must show that the police officer was properly trained to give the test and that the machine was in good working order at the time of the test.
Here again is the significance of being represented by an experienced DWI attorney who can make sure that all required procedures were followed by the police prior to your arrest and filing of DWI charges.
It is a violation of the DWI laws in New Jersey to refuse to take a breath test; the law presumes that drivers have given implied consent to submitting to that test. Once administered, the test results will speak for themselves. Therefore, in many instances, the only way to defend a DWI charge with a breath test finding above the legal limit is to have the test results thrown out because of the failure of the police officer to follow proper procedures. This aspect of DWI cases further points to the necessity for a DWI defendant to have experienced, capable and aggressive DWI attorneys fighting to protect their rights. The attorneys at Lubiner, Schmidt & Palumbo have the knowledge and experience to sift through police reports, other relevant records and testimony at trial to insure that your rights as a citizen are fully protected.
Being convicted of a DWI offense will most likely have significant short term (and potentially long term) effects on your lifestyle, your finances, your educational opportunities, your career choices – in other words, your life. You don’t have to – and shouldn’t – face this challenge by yourself. Contact the experienced DWI attorneys at Lubiner, Schmidt & Palumbo. We’ll make sure all your rights are protected. We’ll make sure the police and prosecutors did their jobs the right way. And we’ll make sure that you get the best defense possible.