Blog for Stephen Lukach

July 13, 2012
Stephen Lukach
New Jersey DWI Laws

The term DWI is a legal acronym for Driving While Intoxicated. In this article, I will be examining topics, pitfalls and solutions falling under the umbrella of New Jersey DWI laws, the penalties, procedures and facts, as well as DWI defenses and other related material concerning NJ DWI defense lawyers and legal services.

Common Pitfalls in DWI Defense Cases

1) Representing yourself or hiring a defense lawyer for a lesser fee. Pleading guilty prior to consulting a DWI defense lawyer or cohesively considering your DWI rights in NJ, could result in an unfair conviction. It would be advised that you hire a specialized DWI defense lawyer. Hiring a lawyer who charges less may end up spending less time on your case in order to make up profits elsewhere.

2) The assumption that a reading of 0.08 or above signifies that you cannot contest your DWI arrest. These cases are the area of specialization for a good DWI lawyer and can be won. Consider that there are DWI defense lawyers in New Jersey that are capable of having DWI charges eradicated prior to trial, and should optimally help you to understand New Jersey’s Implied Consent and other relevant Law.

3) Failing to Challenge the Validity of the Field Sobriety Tests. Hiring a DWI lawyer to defend you who may be untrained in DWI law in New Jersey or one who is lacking in procedural knowledge can result in huge errors going unnoticed, which could lead to conviction without the conclusive evidence to support it. Hiring expert witnesses can also be a deciding factor between whether you win or lose your case.

4) Court Conduct and Visiting the Scene. An unskilled DWI defense lawyer might try to make your case into an exercise in ego rather than about your personal welfare. However, a competent DWI defense lawyer understands that an officer’s “honest mistake,” rather than an “intentional lie,” could decide the outcome of a case. Furthermore, your lawyer would be advised to survey the scene to gain familiarity with the location, as well as to examine factors that might be relevant to your case.