DUI Defense in Bergen County
Building an Effective Defense
The Law Offices of Benjamin G. Kelsen, Esq., LLC in Bergen County will provide you with the best defense possible for your DUI case. No one will deny that being charged with drunk driving—whether it’s your first offense or it’s happened before—is serious business that can impact your personal freedom and your personal finances for a long time.
By enlisting assistance from an experienced Bergen County drunk driving attorney you can give yourself a chance to minimize the penalties issued against you and determine whether the prosecution’s case has merit.
Numerous factors will come into play as your DUI attorney in Bergen County works with you to build your case. If you’ve entered a “not guilty” plea, you will proceed to a “pre-trial discovery” phase where your attorney exchanges information about your case with the prosecutor. Depending upon what’s uncovered in the discovery stage, your attorney may decide to make one or more “pre-trial motions” to suppress evidence, review issuance of your Miranda rights, or limit witness testimonies. At this point, your DUI lawyer may seek dismissal of charges based on how the case has been handled or on lack of evidence.
Bergen County Drunk Driving Accident
Going to trial for Bergen County DUI charges doesn’t involve a jury unless you were also in an accident where someone was injured or died. Your trial will be overseen by a municipal court judge who will hear the case evidence, make a ruling and impose a sentence.
In a DUI/DWI case, you’re “innocent until proven guilty,” so the burden of proof “beyond a reasonable doubt” rests with the prosecutor. Once the state presents its case, your attorney can request an acquittal. If his motion is denied, then your attorney will proceed with your defense.
When the court announces its findings based on case presentations, the judge will impose a sentence or issue an acquittal. If you and your attorney decide to appeal, you have 20 days to do so.
DUI/DWI Charges – What to Consider
There are several things that you and your attorney must consider when building an effective case against your DUI/DWI charge:
- Do you have a history of drunk driving violations?
- Was anyone injured or killed in the accident that accompanied your drunk driving arrest?
- Was any property damaged in conjunction with your DUI arrest?
- Were you operating a company vehicle at the time of your arrest?
- Was there a child in the car when you were charged?
- Are you under the New Jersey legal drinking age?
New Jersey Zero Tolerance Law
New Jersey laws are especially strict in cases where people under 21 years of age are driving while intoxicated. Under the “zero tolerance” law, underage drunk drivers with any amount of alcohol in their system (as low as .01%) are penalized with license suspension, fines, community service, and alcohol and driver safety education.
If you’ve incurred a drunk driving charge and it meets certain requirements under New Jersey law, your attorney may be able to request that the DUI arrest be expunged from your record. Expungement eligibility is addressed in N.J.S.A 2C.52-1 through N.J.S.A. 2C.52-32 of New Jersey state law. If eligible, you and your attorney can submit a Petition for Expungement to the Bergen County Superior Court (if that is where the arrest took place). The court judge will review your petition and determine whether to grant an Expungement Order which will “seal” your record in the eyes of the law.
New Jersey regards drunk driving violations as a serious crime with numerous penalties. To ensure that your rights are protected and you’re treated fairly in accordance with the law, contact a qualified drunk driving defense attorney to handle your case.
