Although DWI charges are considered motor vehicle violations in New Jersey they are often tougher than some criminal charges and have equally tough mandatory consequences for even first-time offenders. This is primarily because, unlike most cases in New Jersey, the state does not allow any type of plea negotiations for drunk driving cases. Moreover, the threshold for proof is often very low especially when considering that defendants are not allowed a jury trial for DUI cases in New Jersey. This is why it is so important to hire an experienced DWI lawyer to handle your case. At Proetta & Oliver we have successfully handled hundreds of driving under the influence charges. Moreover, the firm’s founding attorney, William A. Proetta is one of a handful of lawyers in the state that holds dual certification for Instructor level for Standard Field Sobriety Testing in accordance with NHTSA and for the operation and proper maintenance of the Alcotest machine – New Jersey’s breathalyzer. These certifications allow us to analyze our client’s cases with specialized knowledge that most other law firms do not possess. If you would like to discuss the details of your case further please contact our office at (908) 838-0150 to talk to an experienced DWI attorney.
Cranford Drunk Driving and Refusal Charges
Each year, Cranford writes some of the most DUI summonses throughout Union County. This is primarily due to the town’s centralized location within Union County and that the Garden State Parkway passes through Cranford for access to route 28. These highways contribute to a large number of DWI tickets being written by state troopers. If you are charged with drunk driving within the town limits, then you will have to report to Cranford Municipal Court where the case will eventually be heard. DWI cases often go on for several months and sometimes even over a year because of the drastic and serious penalties and the voluminous and complicated discovery which can often take months to retrieve and analyze. It is the state’s burden to prove the case against you. It is your attorney’s job to figure out how to invalidate components of the prosecution’s evidence and arguments in order to position you for the best results. With knowledge and a background in skillful DWI defense, this is certainly possible.
When it comes to fighting a DWI charge in New Jersey, the best arguments often involve raising constitutional issues with the traffic stop that preceded the arrest. Police are held to an extremely high standard for establishing probable cause. They can’t simply pull over a person on a “hunch” that the person driving might be intoxicated. Rather, the police officer must have a well-grounded suspicion that the driver is intoxicated or otherwise committing a traffic violation in order to justify stopping the driver. Depending on the police dispatch logs, dashboard footage, the officer’s report, and other evidence, it may be possible to argue that police did not have a legal right to initiate the traffic stop in the first place – and therefore the prosecution would not be able to use any evidence of intoxication obtained by police during the traffic stop.
In addition to finding problems with the motor vehicle stoppage itself, there are some other key ways that prosecutors seek to prove DWI which also offer defenses and things to call into question. The first is the SFST’s & Officer’s Observations. The second is the breath testing device and the related results.
SFST – Standard Field Sobriety Testing
One Leg Stan
Walk and Turn
Horizontal Gaze Nystagmus – eye testing
Smell of alcohol on breath
The Alcotest machine
True reading showing a BAC of .08% or higher is a per se violation
Note – If there is no breath reading (refusal case) or the reading was suppressed because of mechanical or human error then the DWI can still be proved by the SFST’s and the officer’s observations.
Aggressive Cranford DWI Lawyers won’t Back Down
At the Proetta & Oliver we employ a strategy of defense in pinpointing technicalities and then exploiting them to create problems with the state’s case when it comes to proving some or all of the elements listed above. If these elements cannot be proved then the DUI charge may be dismissed altogether. If you would like to learn more about how our office can help you or your loved one then give us a call at (908) 838-0150 to talk to a defense attorney about the details of your case in Cranford and how our drunk driving attorneys are poised to attack it.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted