Archives for May 2016

Important Considerations if you are Charged with DUI

1.  Hire a Lawyer with Experience in DUI Law

DUI laws in New Jersey are complex and hiring a lawyer without experience in DUI can be very costly to your defense.  One should hire a qualified attorney who is skilled in handling drunk driving cases and knows how to challenge field sobriety tests and blood alcohol content results.  A competent drunk driving attorney can make the difference in the outcome of your case.

2.  Understand the Potential Consequences of a DUI Conviction

A drunk driving conviction will remain on your driving record permanently.  If convicted, depending on whether this is a first, second, third/subsequent offense, you could be facing jail time, an alcohol education program, loss of your driving privileges, installation of an ignition interlock device in your vehicle and thousands of dollars in fines and penalties.

3.  Appear in Court

Should you fail to appear in court, the Municipal Court Judge will issue a bench warrant for your arrest.  If you are subsequently stopped or even appear in another court on an unrelated matter, the police will take you into custody because of the warrant.  Hiring a law firm to represent you will ensure that you are in communication with the court and are aware of and present at all necessary court appearances.

4.  Request Additional Discovery in Your Case

Hiring an experienced drunk driving defense attorney is necessary to ensure that all available information is analyzed and used in the formulation of your defense.  In order to prepare the best possible defense, all evidence must be reviewed. Your law firm will obtain any and all reports, records, audio, video, maintenance and calibration records for the Alcotest machine and all discovery related to any blood tests performed and analyze all of the evidence and start building your defense.

5.  Failure to Exercise Your Right to Remain Silent

In a court of law, anything you say can and will be used against you.  Discussions with anyone other than your attorney can hinder your defense.  Even postings on electronic social media can be used against you.  Contact a competent law firm to consult us about your case and that discussion will be privileged and cannot be used against you in court.

6. Recognize the Consequences of Driving While Suspended Due to a Drunk Driving Offense

Driving with a suspended license in general can result in further suspension of your driving privileges and in some cases jail time.  If your driver’s license was suspended for a DUI conviction, the penalties are even more severe.  If convicted, jail time is mandatory, even for a first offense.  In fact, in some situations, it constitutes a crime and will be prosecuted in Superior Court.  A competent law firm can handle your defense in both Municipal and Superior Courts.

7.  Choose the Best Option to Resolve Your Case

Sometimes the State has done its job well and has all of the necessary proofs against you to convict you of drunk driving.  In that situation, your attorney can meet with the prosecutor on your behalf to help minimize the fines, license suspension and jail time you may face.  In other situations, there may be some problems with the State’s case where the likelihood of conviction is in question.  The Shamy Law Firm is fully prepared to try your case in that situation.