New Jersey DWI Charge Defense Attorneys
Defining "driving" in New Jersey
Because each element of a DWI conviction in New Jersey is vital to the overall case, the state has instituted several laws regarding the action of driving. Every DWI case consists of thousands of elements, each of which must be meticulously detailed in court. Defining the state of the suspected driver is one of these elements that must be completely outlined before any judgment regarding a DWI is reached.
Whether the driver was actively driving, sitting in their car, or getting into the vehicle, are all are important aspects of a New Jersey DWI case and could change the outcome of the verdict. How the vehicle was being operated is also a key element in making a determination of guilt. For example, if a car was weaving but never crossed the roadway lines then no law was broken. Other elements such as the time of day, weather conditions, road obstacles, obstructions, other drivers and others play crucial roles in every New Jersey DWI case.
Another important element is the reason why the police officer pulled over the driver in the first place. If there was no clear traffic violation being committed then the officer should not have pulled over the suspect at all. Any case made after an illegal stop can possibly be thrown out of court completely. The police officer must follow every law when making a stop and speaking with anyone. If any of these laws weren't followed then the entire case may be at risk.
The very method of police action against drinking and driving has recently been called into question and several alternatives are being sought. DWI checkpoints are being challenged for their potentially unconstitutional questioning of people driving. The Michigan Supreme Court found them to be a violation of the Fourth Amendment. This ruling has been widely disputed nationwide. Any reason for police suspicion may also be due to any number of factors including the most obvious one of being nervous for having to be pulled over in the first place.
Because there are always so many elements involved in any New Jersey DWI case you should contact an experienced New Jersey DWI attorney to represent you if you have been charged with drinking and driving. Our New Jersey attorneys have represented clients for years and have aggressively pursued cases involving drivers who may have not actually been legally operating their vehicles.
The offices of Lependorf & Silverstein are one of the few New Jersey DWI law teams that offer free consultations for any potential case. There is never any obligation on your part to hire our firm and we will provide you with honest legal advice about how you should best pursue your DWI case. Our lawyers have worked throughout the state from our office in Princeton. We can take cases from cities such as Newark, Jersey City, Atlantic City, Paterson, Elizabeth and anywhere in New Jersey.
We are always available for consultations and for our clients and look forward to hearing from you about your case.
If you or a loved one has been accused or arrested for a DWI in New Jersey, contact Lependorf & Silverstein today for a free consultation.