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Why Hire a Lawyer for a DWI/DUI?
 If
you have received a ticket for driving while intoxicated
(DWI) or driving while under the influence of drugs or alcohol
(DUI), you are probably wondering if you should hire an
attorney. What can an attorney do for you? Attorney Gerard
W. Traynor has handled hundreds of DWI/DUI cases in NJ;
both as a defense attorney and as a prosecutor. He is a
certified Alcotest 7110 Mark IIIC Operator, is highly trained
and experienced in DWI/DUI cases. He knows the questions
to ask and what to look for.
He will consider all important elements as he personally
manages your defense such as:
- Can the state
prove you were intoxicated?
- Was there reasonable cause for your DWI/DUI
stop?
- Can the state show that you were the driver
of the car?
- Can the results of your blood or breath test
be thrown out as inaccurate?
- Are the DUI drug charges against you supported
by the right scientific evidence and expert analysis?
There are many questions you may have at this point as
well such as:
- What are the consequences of refusal of a
breath or blood test?
- Is there a way to avoid enhanced penalties
for multiple DUIs?
- What is the earliest point at which you can
regain your driving privileges after a license suspension?
- What are the penalties for DWI/DUI in New
Jersey?
A free consultation with Attorney Gerard Traynor will
answer all of these questions and help you make the best
of a difficult situation. Call 609-652-5300 for a free consultation.
It will cost you nothing but give you peace of mind that
you are not in this alone.
What Happens Next? Being Charged
with a DWI or DUI
THE ARREST
The first stage of the DWI process is the arrest. In
order for the traffic stop to be valid, the stop must be
supported by reasonable suspicion that a motor vehicle violation
has been committed.
THE ARRAIGNMENT
When a defendant is charged with a DWI, DUI, or refusal
in New Jersey, the defendant receives a Complaint. After
the Complaint is filed, the defendant is scheduled for their
first appearance in the court where their ticket was issued
at an Arraignment. It is here that they are informed of
the charges against them, are informed of their rights under
the law, and enters their plea of guilty or not guilty.
HOWEVER, if you hire an attorney to represent you, the initial
appearance in court can normally be waived. The arraignment
can be "adjourned" by Attorney Gerard W. Traynor by sending
his letter of representation to the Court advising that
you are represented by him, were advised of your rights,
and that you are entering a plea of "NOT GUILTY".
DISCOVERY – Gathering all evidence
Discovery is all the evidence the state has against the
person charged with the DWI/DUI. The discovery process begins
whereby the State turns over all their evidence to Attorney
Gerard W. Traynor. At this point, the Mr. Traynor can determine
if any issues arise. It is important to obtain all documents
relating to the DWI charge in order to determine the best
defense.
TRIAL
After all discovery is received and a plea agreement
cannot be reached, a trial begins. This trial takes place
in front of a municipal court judge who determines guilt
or innocence. There is no right to a jury trial for DWI
offenses. If found guilty, the municipal court judge then
sentences the defendant according to the guidelines in New
Jersey for DWI and DUI offenses.
Traffic Stop - Was there reasonable cause
to stop you for DWI/DUI?
Before a police officer can stop you or arrest you for
DUI/DWI, the officer must have probable cause. Probable
cause is reason to believe that a crime (driving under the
influence or driving while intoxicated) was committed, and
that you committed the crime.
Proof of Intoxication - Can the state
prove you were driving while intoxicated (DWI)?
According to New Jersey law, if you were driving a vehicle
and your blood alcohol content (BAC) was 0.08% or more,
you are guilty of driving while intoxicated. You may also
be arrested if an officer determines by other means that
you were under the influence of drugs or alcohol while driving.
If our office demonstrates that the BAC test results were
invalid, the judge may dismiss drunk driving charges altogether.
The prosecutor may also claim you were impaired by drugs
or alcohol on the basis of eyewitness statements, statements
you made at the time of your arrest, or weaving in and out
of lanes while driving. Depending on the circumstances,
such observational evidence can be successfully challenged.
Field Sobriety Tests
There are many issues which may be raised with respect
to administration and interpretation of field sobriety tests,
and the Law Office of Gerard W. Traynor has experience in
addressing these issues. If the weight of the field sobriety
tests can be eliminated or significantly reduced, then the
prosecutor may be unable to satisfy his burden of establishing
probable cause for the drunk driving arrest and any DWI,
DUI or Refusal charges issued as a result.
Blood and Breath Tests
Was your blood alcohol (BAC) test accurate? Do not assume,
simply on the basis of a breath or blood test for blood
alcohol content (BAC) that you should plead guilty to a
charge of drunk driving. Blood and breath tests for blood
alcohol content collected after a DWI traffic stop can be
challenged successfully.
Multiple DWIs
The severe consequences of multiple DWI/DUI arrests and
convictions present a tremendous challenge. You still may
have an opportunity to improve your situation. Discussing
your individual circumstances with Attorney Gerard W. Traynor
will allow you a better opportunity to understand the consequences
you face and what options are available to you.
GERARD W. TRAYNOR, ESQ
609-652-5300
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