DWI Lawyer in New Jersey Battles on Behalf of Accused Motorists
Cherry Hill firm fights to help drunk driving defendants keep their licenses
A drunk driving conviction can seriously disrupt your life in many ways, including driver’s license suspension, higher insurance premiums, heavy fines and jail time. If you were stopped and charged with driving while intoxicated in the Cherry Hill area or anywhere in New Jersey, the Law Offices of Joshua A. Benjamin, LLC can provide the diligent defense you deserve. We understand that good people can make mistakes and that breathalyzers and other testing devices can give false readings. Whatever circumstances led to your arrest, our firm has the knowledge and tenacity to challenge the evidence against you and to pursue the best possible outcome.
Thorough litigator outlines ways to challenge drunk driving charges
Police and prosecutors push hard to punish motorists in DWI cases, but their desire for a conviction should never take priority over your fundamental rights. After investigating the facts thoroughly, we may be able to have charges thrown out by demonstrating that an equipment or procedural error resulted in an unfair charge. Mr. Benjamin will carefully examine these aspects of your case:
- The stop — Police must be able to demonstrate that they pulled you over based on "reasonable suspicion" that you were acting in violation of the law.
- The sobriety test — Most New Jersey drivers are considered legally intoxicated if their blood-alcohol concentration (BAC) is .08 percent or higher. However, stricter standards exist for young drivers and commercial vehicle operators.
- The equipment — Breathalyzer machines and other testing devices may provide inaccurate results due to machine defects or operator errors.
- The arrest — For an arrest to be valid, an officer must have probable cause and advise you of your Miranda rights.
- The evidence — Blood samples and other types of evidence must be stored in certain conditions in order to maintain their integrity.
- Don’t be intimidated — Though dealing with police is often stressful, try to remain calm and polite. Typical symptoms of nervousness, such as shaking or sweating, could be misinterpreted as evidence of intoxication.
- Don’t allow a search without a warrant — Giving consent to a search of your vehicle might lead to collection of evidence that could be used to convict you. Decline the request until a warrant is served.
- Take the sobriety test — Refusing to take a sobriety test triggers automatic penalties and can make it more likely that you’ll be arrested. The results of a test can always be challenged later.
- Get a blood test after you’re released — It’s a good idea to measure your BAC with a blood test after arrest. At trial, your attorney may use that evidence to raise possible defenses.
Mr. Benjamin has an extensive background in criminal defense matters involving alcohol and drug violations and knows the tactics used by law enforcement when targeting drivers. Drawing on this experience and knowledge, he battles to challenge the prosecution’s case and fights to have accused individuals treated with the respect they deserve.
Firm provides advice on what to do at a DWI stop in New Jersey
If you are ever pulled over by the police on suspicion of drunk driving, there are several ways you can help yourself:
Should you be arrested and charged with impaired driving, it’s best to retain a proven DWI defense lawyer immediately. Our firm provides a free initial consultation so there’s no reason to delay.
Attorney works to minimize penalties for drunk driving offenses
First offenders in DWI cases face a fine of at least $250, increased insurance rates, possible license suspension and installation of an ignition interlock device (IID) that prevents them from starting their vehicles unless they pass a breath sobriety test. You would also be required to attend classes at an Intoxicated Driver Resource Center and could be incarcerated. Upon a second conviction within 10 years, jail time is mandatory and other penalties increase. As an accomplished litigator in this area, Mr. Benjamin can assess the evidence in your case accurately to help you fight charges in court or negotiate from a position of strength while seeking a favorable plea agreement.
Contact a New Jersey DWI defense lawyer to make an appointment for a free consultation
The Law Offices of Joshua A. Benjamin defends New Jersey motorists accused of driving while intoxicated and other motor vehicle offenses. If you have been charged with DWI or another traffic violation, please call 856-528-8104 or contact us online to schedule a free consultation at our Cherry Hill office.