DUI's in New Jersey: New Jersey
After years of litigation, the New Jersey Supreme Court has approved the new method of breathilizer testing, which method had been the subject if a long-standing challenge by many DUI and criminal defense attorneys.
A DUI arrest is a frightening and potentially life-altering event. You need good representation to make sure you get through it soundly, safely and with the best possible outcome.
First of all, the Supreme Court has ruled out "plea bargaining" in DUI cases. The State has the choice of either proving its case against you, if it thinks it has the evidence, or downgrading your offense to a more reasonable charge in the event that the state is not certain that it can prove its case.
At trial, you don't have the right to a jury. Most, if not all cases, are tried before a municipal court judge. It is at that point that expert evidence and/or factual evidence as to your alleged intoxication would be presented.
In terms of sentencing, the Court has very little discretion as to what it can do if you are found guilty of either a refusal to take a breathilizer test, or a DUI charge. In the event of subsequent (second, third or later) refusals or DUI determinations, the Court has little discretion as well in terms of length of sentence, fines, etc.
In virtually all cases where there is a plea or a finding of guilty in a refusal to take a breath test, or where there is a guilty determination made as a result of an allegation of DUI, loss of license is mandatory.
Your only route to appeal in the event that you believe legal error has been made at the municipal court level is to make an appeal yourself and/or hire an attorney to do so for you, with a Superior Court judge in the county in which the municipal court is located. That judge will review the evidence and determine whether or not an error was made. Possible remedies might include a retrial or a suspension of any sentence or penalty.
Fighting a DUI charge can be costly and stressful. We know what we're doing, and we know which experts to use. If you're committed to challenging your arrest because you truly believe that you're innocent of the charges, we will be in your corner for you all the way.
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