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Parsippany DWI Lawyer

DWI Lawyer in Northern New Jersey

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Drinking and driving is an inherently dangerous activity which can result in disastrous consequences.  Thousands are killed in the United States every year due to the actions of a drunk driver.  This reality has motivated most states, including New Jersey, to aggressively seek out, arrest, and prosecute potential drunk drivers.

 

The cost of a Driving While Intoxicated (DWI) conviction is significant.  The financial penalties in terms of fines, state surcharges, and insurance increases are staggering.  Additionally, it is possible that depending upon your employment contract or the requirements of your occupation that you may lose your job as a result of a DWI conviction.  There is even the possibility that you may face jail time.

 

If you have been charged with a DWI in New Jersey, it is crucial to your defense that you retain experienced legal counsel immediately.  The attorneys at the Kalish Law Group have over 30 years of experience in Parsippany and the surrounding area and are ready and able to help you achieve the best possible results in your DWI matter.  Call (973) 299-8660 today to schedule a free consultation with one of our DWI attorneys.

 

 

 

 

 

 

DWI LEGAL ANALYSIS

For a FREE consultation with a Parsippany DWI Lawyer, call us at (973) 299-8660 or click the link below today!

There are a number of factors that go into reviewing and defending a DWI arrest:

 

  • Your attorney must evaluate your personal driver’s history and how this arrest and a potential conviction will impact you.  This means reviewing your driver’s abstract, examining past motor vehicle offenses and DWI convictions, and analyzing the laws of both your home state and New Jersey.  This way your attorney can understand how this DWI legally affects you and what factors may be at play in your case.

 

  • Your attorney’s will then request appropriate discovery and evaluate the materials to determine the legality of the stop and the subsequent arrest.

 

  • Your attorney will review video of the stop when available, the results of any breath tests, and the accuracy and validity of the data gathered by the equipment at the police station.

 

  • Your attorney will engage outside expert analysis if you choose this route in order to better defend your case.  They will review all the discovery materials and evaluate whether any outside conditions may have contributed to an inaccurate results (police error, prescribed medication, etc).

 

Understanding a DWI Arrest

 

The process by which a DWI arrest is made is universal among states.  Police use three phases in the stop, leading to an arrest.   As mentioned above, your attorney will review this evidence in the form of police reports and video in order to evaluate police officer conduct and the legality of the stop and arrest.

 

  • Vehicle in Motion:  Initial observations of the vehicle and observation of its stop.  The officer is looking for:

    • Swerving

    • Driving in two lanes

    • Driving too fast or too slow

    • Stopped at a green light

 

  • Personal Contact:  The face to face contact and interview of the driver and observation of driver’s vehicle exit.  The officer is looking for:

    • Slurred speech

    • Odor of alcohol

    • Glossy or bloodshot eyes

    • Erratic behavior

 

  • Pre-Arrest Screening:  The psychophysical (field) sobriety testing (FSTs) and preliminary breath testing.  The officer is looking for:

    • An inability to follow instructions on a first attempt and other behaviors and visual cues of intoxication.

 

Field Sobriety Testing (FSTs)

 

FSTs are designed to allow an officer to observe the stopped individual and make a determination prior to arrest and without the aid of technology as to intoxication.  They observe an individual’s movements, balance, coordination and listening comprehension throughout these tests as clues to potential intoxication.

 

Despite the fact that these tests are scientifically unsound, they remain the standard by which officer’s make a pre-arrest determination as to intoxication.  These FSTs are The One-Legged Stand (OLS), The Walk and Turn (WAT), and The Horizontal Gaze Nystagmus (HGN).  It is important that if video is available that your attorney carefully review the video in order to determine if the officer properly instructed the individual in performing these tests as the results may be discarded if officer error is discovered.

 

A DWI is a serious offense and you need serious attorneys on your side.  Do not become a victim of the system.  Stand up for your rights.  The attorneys at the Kalish Law Group and their associates know how to defend you against a DWI.  

 

 

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