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
609-567-0800
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