- Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges and surcharges alone would cost you thousands of dollars.
- Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.
- Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire a qualified New Jersey DWI defense attorney and pay a fee which will allow him/her to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
- Not complying with driver's license laws. You could lose your right to drive. For example, if you are suspended for any reason, including DWI, you must pay a restoration fee to the Motor Vehicle Commission (formerly DMV). Your driving privileges will not be restored until you do this.
- Driving after your license has been taken away.
- Not taking full advantage of your constitutional rights.
- Just pleading guilty. Anyone can plead guilty. If you don't challenge the situation, you cannot win. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.
- Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
- Talk to anyone but an attorney about your case. Anything you say to them can be used against you.
- Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney experienced in DWI cases go to Court with you.
To avoid these problems, seek the advice of an experienced NJ DWI defense attorney -- preferably an attorney that tries DWI cases. If you obtain advice from a New Jersey DWI trial attorney, you will get information from someone who knows what it takes to properly prepare a defense to this very serious charge.
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New Jersey DWI Law: N.J.S.A 39:4-50 Driving While Intoxicated
On January 22, 2004, the new 0.08% law was passed in New Jersey. For third offenders, the penalty was changed to include mandatory jail time.
DWI Refusals in New Jersey
On April 26, 2004, the refusal law was changed to conform with the DWI law.
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