... is a serious offense in the State of
New Jersey. Besides mandatory fines, permanent records of
conviction, surcharges,
community service, interlock devices and in some cases mandatory
jail, Courts in New Jersey must impose mandatory driver's license
suspensions, with no exceptions, even for people who must drive to
work, not to mention mandatory incarceration for a period of
one hundred and eighty days for third and subsequent offenders.
The purpose of this site is to provide
information to drivers, as
well as access to legal representation if you have been charged with
DWI in New Jersey. While other attorneys claim they "specialize" in
defending NJ drivers charged with Driving While Intoxicated, my
practice has been limited to DWI defense and defense of related
motor vehicle violations for some time.
After over 35 years of defending New
Jersey drivers charged with DWI, it is clear that you cannot win a
DWI case, unless you make every effort to do so. At the same time we
recognize that there is tremendous misinformation about what can be
done in defending DWI charges. For example, we have found that many
police officers lack adequate training in the special skills needed
to conduct an effective investigation to recognize intoxication.
Tests referred to as Standardized Field Sobriety Tests, require
special training and strict adherence to test procedures before test
results are deemed reliable enough to establish intoxication.
Furthermore, reports prepared by officers are often inaccurate or
incomplete.
Many problems remain with the State's new breath test program. The
State consequently has had difficulty meeting standards established
by the New Jersey Supreme Court in State v. Chun. Consequently,
evidence of breath test results in many cases has been excluded. Finally, the State
often fails to properly prepare cases for trial because of the
volume of cases handled.
We require that the State of New Jersey
demonstrate guilt by proof beyond a reasonable doubt, that the
breath test is administered properly, that the breath test machine
was properly operating, that the police have reasonable and articulable suspicion to stop the vehicle in the first place
and probable cause to arrest after the stop. We will try all DWI
complaints to a verdict unless it appears that a different result
meets the client's objectives.
We have found that obtaining discovery,
preparing for trial,
knowing the law and having trial experience are only the first
steps in achieving a successful result in a DWI case. We believe
that six different "intangibles" make the difference in achieving
the client's goals after evaluating the risks and rewards of different approaches. In each DWI case, then, we emphasize
identifying these six "intangibles."
Over the years, I have been fortunate to
participate in different
DWI related activities. I have served as Chairman of the New
Jersey State Bar Association - Municipal Court Section for three
years, in that capacity proposing reform of DWI laws and testifying
before the New Jersey State Legislature. Prior to that time, I
served as Chairman of the Middlesex County Bar Association -
Municipal Court Committee. I have also trained lawyers in seminars
on various
aspects in DWI defense including
standardized Field Sobriety Tests and have had articles published in
professional journals as to proper administration of these tests and
new DWI case law. I have organized and presented seminars with the
New Jersey Institute for Continuing Legal Education. A series of
seminars was presented in the Summer and Fall of 2006, in which
lawyers in different parts of the State were trained in DWI trial
techniques. I have also presented seminars around the State
concerning the new breath test machine, the Alcotest 7110 MK III- C,
and have spoken in a series of seminars presented by different
County Bar Associations around the State.
we have presented
seminars sponsored by the
American
Trial Lawyers Association and Middlesex County Bar Association and
recently taught a Master Class where a group of 20 attorneys
received training in DWI defense trial techniques over a period of a
month. Finally, we are in the
process of organizing a Master Class where a small group of
attorneys will receive training in DWI defense over a period of
two months.
Our practice involves representing
clients across the State of
New Jersey, trying cases from one end of the State to the other. We
represent individuals who present unique problems and issues. We
also represent organizations and are especially proud to appear as
amicus curiae, in the pending matter before the New Jersey Supreme
Court, State v. Chun. In that matter
we represented an association of
attorneys concerned with the interests of the citizens of the State
of New Jersey, where
the Supreme Court determined under what circumstances whether the
breath test results from the new breath test machine, the Alcotest
7110 MK III-C, will be accepted as scientifically reliable.
Most important, we
pride ourselves in listening to our clients to understand their
particular concerns, to answer their questions and resolve their
problems.
If you believe that your driver's
license is worth fighting for,
contact us immediately. Remember to give careful attention to the
selection of an attorney, as proper representation can make a
substantial difference in the outcome of your case. I hope we have
the opportunity
to speak soon.
Peter H. Lederman, Esq.
