DUI

Five Tips for Choosing the Right DUI Lawyer

If you or a loved one has been charged or arrested for DUI, your top priority should be finding an experienced attorney who will fight for you and your loved ones. However, choosing a DUI lawyer can be difficult with so many lawyers to choose from. Your choice can either make or break your case.

Here are five tips to help you navigate the myriad choices and help you choose the best DUI attorney for you:

Experience: Find an attorney who has experience in handling DUI cases and has worked in the jurisdiction where you were arrested. This will work to your benefit because he or she will fully understand DUI defensive tactics. In addition, they will understand the system better and may be acquainted with the judge and district attorney on your case.

Credentials and Accreditations: Choose an attorney who is qualified and has sufficient knowledge in the field. Ask for the lawyer’s credentials and accreditations. This information will demonstrate the caliber of the lawyer.

References: Select a lawyer who offers references. A top-notch attorney should have acquired several clients that are willing to tell you how their case went and how effectively the attorney participated in their case.

Avoiding Attorneys Who Have Been Disciplined: If the potential lawyer has been disciplined by the bar, move on to another choice. A disreputable attorney is the last thing you want.

Cost: Determine the attorney’s fee. While it is not advisable to choose a lawyer based on price alone, you will need to make sure you can cover all the expenses. Ask about it up front, along with any available payment plans.

If You Need an Experienced DUI Lawyer, Contact Us.

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

What to Know Regarding DUI Sentence Enhancements?

The penalties for a drunk driving conviction are severe. However, there are added circumstances that can make the penalties even greater with a DUI sentence enhancement. A drunk driving sentence enhancement can include higher fines, longer license suspension and, in a growing number of states, mandatory jail time.

DUI Enhancement Factors

Although DUI laws vary from state to state, here are some of the factors that can trigger DUI sentence enhancements:

Prior DUI Conviction – Most U.S. states have increased penalties for any driver with repeated drunk driving offenses. Some states enhance the sentence for a DUI for a conviction within the past 5 years; other states enhance the sentence for a conviction within the past 10 years. Many states will enhance the sentence for any previous conviction irrespective of how long ago it was.

High Level Blood Alcohol Concentration – `Most states are beginning to adopt laws that increase penalties for drivers who have high blood alcohol levels at the time of their arrests. Some states place that level at 0.15 while others have greater enhancements for a BAC above .20.

Refusal to Take a Breathalyzer Test – If you refuse to take a breathalyzer test, you may be subject to more penalties. In some states, refusal means immediate revocation of your license whereas in other states, it can lead to jail time.

Child Endangerment – If you were arrested driving under the influence with a child under the age of 18 in the vehicle, you will be subjected to sentence enhancement.

Accident Without the Appropriate Auto Insurance – If you cause an accident while driving under the influence and do not have the required auto insurance, your penalties will be greater.

Bodily Injury – If your accident is due to DUI and you cause injury to someone else, you will be subjected to sentence enhancement.

Other Factors – Other circumstances that can make you subject to sentence enhancement for a DUI conviction include:

  • No valid driver’s license
  • On probation for another crime
  • Having an open container of alcohol
  • Having multiple previous convictions
  • Having an ignition interlock device on the vehicle

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Overview of a DUI Case and What Happens When It Goes to Trial

Facing a DUI charge can be an overwhelming experience. You may have many concerns such as whether or not you will be able to retain your driver’s license, how long it will take for your case to go to trial and what potential legal penalties you may face. Therefore, if you have been charged with a DUI, it is in your best interest to have an experienced DUI lawyer on your side to vigorously represent you and fight for your rights.

Every DUI case is unique and has a distinct set of circumstances. However, the legal process is largely the same. Courts generally govern the entire process from the initial charge to the time when your DUI case goes to trial.

Below is an overview of the different stages of a DUI case and under what circumstances the case may go to trial:

Summons and Complaint: This is a document that states the charges against you. It will also include the date you are required to appear in court. Your lawyer may decide to move this date forward in order to give you additional time.

Arraignment: This is a formal procedure where the presiding judge will advise you of your rights, obligations and possible penalties associated with the DUI charge against you. During this period, you will enter a plea of either guilty or not guilty.

Pre-Trial Discovery: During this stage, your attorney will review all documents produced by the State regarding your case and determine if your legal rights have been violated. The prosecutor is the representative of the State in a DUI case. Under the law, the State must give your lawyer all relevant material and evidence that it has gathered against you, including:

  • Narratives
  • Police reports
  • Video recordings of the sobriety tests and/or arrest
  • Witness statements
  • Audio recordings
  • Photographs
  • Scientific documents pertaining to the DUI breathalyzer machine
  • Any other evidence produced by the State in your case

Status Conferences: This is where the prosecutor and your DUI lawyer meet and talk about discovery or other issues related to your case. In addition, they may also talk with the judge about your case.

Pre-Trial Motions: This motion is made by your attorney in order to seek specific relief in your case. For instance, your attorney may file one or more motions that involve issues regarding suppression of evidence, production of discovery, and dismissing or prohibiting testimony. These motions are usually made orally before the court.

The Trial: This is the stage when you case goes to trial. This happens if your case was not resolved or dismissed before the trial or the district attorneys were unable to offer a reasonable plea resolution. Your trial will be held in the Municipal Court district where your DUI ticket was issued. Typically, your case will go before a single municipal court judge. The prosecutor will present evidence and possibly call witnesses for the State. Your attorney will provide evidence and introduce witness testimony in your defense. The presiding Judge will listen to both parties and make a determination as to your guilt or innocence.

Contact an Experienced DUI Lawyer

If you have been charged with a DUI, it is important that you hire a highly skilled and experienced DUI attorney. At the Law Offices of Joel Silberman, our DUI defense attorneys have extensive knowledge and the necessary experience and skills to handle any DUI matter. We build the best possible defense on your behalf in order to fight for the best possible outcome in your case. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Video: What a DUI Defense Attorney Do for Me

A DUI defense attorney can utilize their experience in DUI defense strategies, negotiate a plea bargain with the prosecutor and expunge your conviction. If you or a loved one has been arrested and charged with a DUI, you need to speak to the experienced DUI defense lawyers at the Law Offices of Joel Silberman, LLC. We will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913.

 

Slide | What Does a DUI Defense Attorney Do

A DUI (Driving Under the Influence) offense can have serious penalties and can involve hefty fines, loss of driving privileges and jail time. Getting the help of a skilled DUI defense attorney is crucial. A DUI defense attorney can negotiate a plea bargain with the prosecutor, find loopholes and errors, expunge your conviction and get a fair judgement. If you or a loved one has been arrested and charged with a DUI, you need to speak to our experienced DUI defense lawyers as soon as possible. We will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913.

What Does a DUI Defense Attorney Do

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The Top 6 Questions to Ask Your DUI Defense Attorney

DUI attorneys

If someone has been charged with a DUI, consulting a good DUI defense attorney is the most important decision you can make. Most DUI defense attorneys offer a free initial consultation. Make sure you compile a list of questions to ask before you hire an attorney.

Here are the top six questions to ask your DUI defense attorney:

  • Special training: Ask if the lawyer is certified by any organizations such as the NCDD (National College for DUI Defense). Ask if the attorney has training from the National Highway Traffic Safety Administration in administering Standardized Field Sobriety Tests and if they received training on using the breathalyzer machine.
  • Experience: Ask how many years the attorney has been practicing DUI law, how many cases they have handled and what their trial experience is.
  • Knowledge about the local court system: Make sure the lawyer practices in your county and knows the prosecutors in that jurisdiction. Knowing what kinds of plea deals a prosecutor normally offers could make a big difference in your case.
  • Fees: Ask if the lawyer charges a flat fee or an hourly rate. A flat fee is more common for DUI lawyers. Ask if there will there be extra costs, such as expert witness fees. Also, ask for details on how you will be billed.
  • Personalized attention: You want to be sure that your case gets the attention it needs. Ask if the DUI defense attorney will personally work on your case and represent you in court or give your case to their assistant to handle.

If you or a loved one has been arrested and charged with a DUI or DWI, contact The Law Offices of Joel Silberman, LLC. Our experienced DUI/DWI defense attorneys have extensive knowledge and the necessary experience and skills to handle your case. We will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

How to Avoid Getting a DWI or DUI

Drinking and driving

DWI or DUI is a traffic offense in New Jersey. The consequences of a DWI or DUI can be life-changing. The simplest answer as to how to avoid a DWI or DUI is to avoid drinking or being intoxicated in any way when driving. There are many other behaviors that you should do before, during and after a DWI or DUI stop that can prevent you from getting a DWI or DUI charge or at least lessen your charges.

Have Updated Documents Ready: If you are stopped and asked by a police officer to hand over your documents, be calm and hand your driver’s license, registration and proof of insurance to the officer.

Be Calm and Polite During Questioning: If the officer asks you if you have been drinking, politely answer. Be honest and calm. Do not be defensive or argumentative.

Field Sobriety Tests: New Jersey traffic laws allow police to ask drivers to step out of the car for any traffic stop. If this happens, do your best to stay calm and step out of your car. Try to maintain polite eye contact with the officer as he or she will observe you for any indications of intoxication including bloodshot eyes, the smell of alcohol or the inability to maintain your balance.

Roadside Breath Tests: If you are requested to breathe into a Breathalyzer to determine your Blood Alcohol Content (BAC), you should do it. The state of New Jersey is an implied consent state, which means that you gave your consent to be tested when you accepted your driver’s license. However, you can still request a more reliable test instead of the roadside test. It is then up to the officer to decide whether to take you into custody for refusal to take the test.

Contact an Experienced Attorney

Criminal attorney Joel Silberman can help you if you have been accused of a traffic offense in New Jersey. When you receive a ticket for a traffic violation, you can choose to fight back with the help of the Law Offices of Joel Silberman, LLC.  Mr. Silberman has extensive experience in defending clients accused of traffic violations and offers skilled and experienced legal representation throughout New Jersey. We will provide an aggressive defense and keep you informed regarding your case. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Video: Refusing a Breathalyzer Test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test followed by a Breathalyzer test. Refusing this test can result in revocation or suspension of a driver’s license for up to 12 months, depending on your state, as well as the imposition of fines. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Slide | What Happens When a Person Refuses to Take a Breathalyzer Test?

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test followed by a Breathalyzer test. A Breathalyzer test is one of the many tests used by police officers to take those suspected of driving while intoxicated into custody. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 201-420-1913

What Happens When Refuses to Take a Breathalyzer Test?

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The Consequences of Refusing to Take a Breathalyzer Test

Taking a Breathalyzer Test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is one of the many tests that police officers use to take drivers suspected of being under the influence into custody.

Most states have implied consent laws regarding these types of tests. This means that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer and other tests, whenever necessary, to determine impairment. However, many people refuse to take this test.

Refusing to take a Breathalyzer test can result in serious consequences. Your driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and you may face a jail term for not submitting to a BAC test when suspected of a DUI. Drivers with past DUI convictions can face even longer suspensions or jail time.

Refusing a Breathalyzer test is not advisable because prosecutors may still base a potential DUI charge on other evidence collected at the scene, such as officer observations, witness testimony, or the results of a field sobriety test. The refusal may also be used against you in a future trial.

Contact Us

New Jersey has extremely tough laws for refusing to take a Breathalyzer test. The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 
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