How to Defend a DUI in South Jersey
Skilled Former Prosecutor Knows How to Defend a DUI in Camden County, Burlington County and Throughout New Jersey
Individuals arrested on DUI charges in New Jersey often overlook the possibility of building a defense to those charges entirely. It’s common to think that their arrest is conclusive and there is no way to defend the DUI. Too often, the reasoning is that DUIs are common, so really are not serious enough to call for retaining a defense lawyer.
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All of these assumptions are wrong. DUI charges in New Jersey are serious and must be handled as such. At Gelman Law, LLC, we have successfully helped hundreds of clients defend DUI cases. While not every case will be thrown out, most individuals arrested on DUIs will overlook potentially available defenses. Our lawyers are here to make sure your rights are protected to the fullest extent of the law.
Gelman Law, LLC is led by a former Burlington County prosecutor who has years of experience handling DUI cases from the other side of the table. We know what to look for in your case and how to build a strong DUI defense. A single DUI can have a ripple effect on your record that can impact your future for years to come—so the first step after you have been arrested should be to speak with a skilled lawyer who knows how to defend a DUI.
To schedule a completely confidential consultation with our experienced New Jersey DUI defense lawyers, you can call our office or fill out this online contact form.
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Top Defenses to DUI Charges in Camden County, NJ
The strongest DUI defense available is key to getting your DUI charges dismissed. Key steps to having a DUI thrown out involve motion practice that takes place well before any trial is scheduled. Eliminating evidence—by filing a motion to suppress that evidence in your case—can prevent the state from proving their case.
Some of the top DUI defenses that can result in dismissal under New Jersey law include:
- Invalid traffic stop. If the police lacked probable cause for the underlying traffic stop, evidence from the stop can be excluded from consideration in your case. Lack of probable cause means that the police had no reasonable suspicion that you committed some type of violation to justify the stop. If our lawyers are able to prove that the traffic stop itself was invalid, we can move to exclude all evidence gathered during that stop—meaning that your case will likely be dismissed.
- Invalid breath test results. Breath test results from the Alcotest machine are usually a key component in a New Jersey DUI case. Breath test machines must be properly maintained to produce reliable results. The police officer must also be properly trained in administering the test. Moving to suppress the breath test evidence may not result in automatic dismissal, but it can significantly weaken the case against you at the outset.
- Improper use of statements. Failure to read your Miranda rights does not automatically result in a case dismissal. However, if you were detained, handcuffed or otherwise led to believe you were not free to leave the scene of the traffic stop, statements you made during that time may be inadmissible if police did not read your rights. Importantly, statements about drug or alcohol use made during this time may be excluded.
- Invalid 20-minute observation. Under New Jersey law, police must observe you alone for 20 minutes before administering the Alcotest. Failure to do so may compromise the validity—and admissibility—of the breath test results.
- Field sobriety testing errors. To administer the breath test, the police must have reasonable suspicion that you have been drinking alcohol. This “reasonable suspicion” is determined during field sobriety testing, which is a series of tests designed to determine whether you are intoxicated. Any number of factors can call the validity of these tests into question, including the officer’s training, the instructions you received and even the environment in which the test was administered (for example, was it raining? Were you placed on a hill?).
Defending your DUI charges in New Jersey requires the expertise and resources of a qualified defense lawyer. At Gelman Law, LLC, our talented DUI defense lawyers explore these and any other potential defenses to your DUI.
Top-Rated Defense Lawyer Explores All Options to Get Your South Jersey DUI Dismissed
Although we were not at the scene when you were pulled over, questioned and arrested, our lawyers have numerous resources at our disposal to get the evidence we need to defend your DUI charges. Our lawyers will:
- Examine the scene and surrounding areas to locate all video surveillance footage of the area, including traffic light cameras, dash cams, videos installed in homes and business,
- Obtain the records of Alcotest machine calibration and maintenance,
- Speak with you in detail to understand how law enforcement administered field sobriety testing,
- Obtain law enforcement training records,
- Question any witnesses,
- And more.
A DUI arrest is not a conviction. Building a strong defense is the only way to keep a DUI from haunting you for months, if not years. At Gelman Law, LLC, we have the legal expertise and knowledge that it takes to defend your DUI charges. Call us today to learn about defense strategies more specific to your case.
Schedule a Confidential Consultation with a Seasoned Burlington County, NJ Defense Lawyer to Learn More About How to Defend a DUI
The easiest way to lose your DUI case is by failing to get the advice of an experienced DUI defense lawyer. At Gelman Law, LLC, our team of experts has the resources needed to build a top-level DUI defense in your case. To learn more about how we can help, schedule a free consultation with our DUI defense lawyers in South Jersey. You can call or simply fill out this online contact form.
Frequently Asked Questions About How to Defend a DUI in South Jersey
Yes and yes. DUI checkpoints in New Jersey are legal only if certain specific criteria are satisfied. For example, notice of the checkpoint must be published and available to the public. Proper police supervision must be provided, and the police must have some justification for the checkpoint—for example, past evidence of an increased number of DUIs in the area. We can challenge these and other issues with the DUI checkpoint—and a successful challenge could result in your traffic stop being invalidated and exclusion of all evidence collected during the stop.
Yes. In fact, the video footage taken by the officer can possibly be used as evidence in support of dismissal. For example, if the officer’s statements about your level of intoxication were exaggerated, the video evidence could be used to contradict that evidence.