As with many drunk driving scenarios, the beginning of the ordeal for any motorist is usually when he notices a police car behind him with lights on and siren blasting. Unnerving as that initial moment may be for most, for those individuals who may have had a drink or two prior to the police stop the worst is yet to come. Never mind the embarrassment, the fear of being found guilty of drunken driving can result in a very awkward experience on the roadside.
As New Jersey trial lawyers experienced in defending motorists accused of intoxicated driving or drug DUI from taking some kind of prescription medication, we understand the trepidation that most anyone would feel after being called out by a New Jersey State trooper or municipal patrolman. We also know that if a person does not actively seek legal assistance to fight a drunk driving charge, the potential penalties for losing one’s case can be costly.
The skilled attorneys at our Monmouth County law firm are dedicated to providing a vigorous defense on behalf of our clients. In general, when considering whether or not one might retain counsel for a DWI-DUI or breath test refusal charge, it is important to ask a few questions. Top among these would be whether or not a prosecutor can prove you, as the driver, were intoxicated.
Of course there are blood- and breathalyzer tests, but these are not always a reliable way to measure an individual’s actual level of intoxication. Similarly, field sobriety test administered on the roadside and other subjective evaluations of driver behavior by the officer in charge can all be challenged to some extent or another.
In cases where an accident has occurred, allegedly caused by the defendant who may or may not have been drunk at the time, there is even more call for the intervention of a well-qualified DWI trial attorney. A good lawyer will consider all the facts and look at all the evidence in order to plan a defense. He or she will examine police records of the incident, as well as the results of chemical blood or breath tests, which may or may not indicate drugs or alcohol in the bloodstream.
A confluence of unfortunate circumstances caught our eye a short time ago when we read of a New Jersey driver who was arrested for drunk driving following an out-of-state traffic collision. According to the news reports at the time, the driver and three other people were injured in a wrong-way car crash that happened in early May on a stretch of US 13 not far from New Castle, DE.
Based on police reports, the 36-year-old Monmouth County man had two other passengers in his car — a 26-year-old woman and the driver’s 2-year-old son — at the time of the accident. News articles stated that the vehicle was headed north in the southbound lanes when it struck a Volkswagen Jetta driven by a 20-year-old local man.
As a result of the accident, the New Jersey driver was arrested by local police and charged with an array of offenses including DWI, three counts of vehicular assault, and endangering the welfare of a child, among others. The man’s problems were further compounded with non-traffic-related charges of breach of release and non-compliance with condition of bail, namely that he was previously prohibited from any contact with his son and the boy’s mother.
NJ man charged with DUI in US 13 wrong-way crash, DelawareOnline.com, May 8, 2013