If this is your first DUI offense in New Jersey, you're in luck. Even with a conviction, we can keep you out of jail and minimize the penalties you'll face substantially. If you need a Union County DUI lawyer, you need Goldstein & Handwerker, LLP. We are seasoned DUI attorneys, and helping our clients stay out of jail is what we do. Don't fight your DUI case alone, because you stand no chance against the prosecutor by yourself. We'll ensure your constitutional rights are protected at every phase, and we'll get the case thrown out if the prosecutor doesn't play fair.
What am I Facing?
For a first offense, the penalties for a DUI in Union County can vary depending on your blood alcohol reading. If the reading was anywhere from .08 percent to .99 percent, you'd face a $250-$400 fine, a 90-day driver's license suspension, court costs of $364, and at least twelve hours in an intoxicated driver resource center. The statute does provide for a portion of jail time, but there is a presumption against that for a first offense. So unless you have aggravating circumstances involved in your case, you won't go to jail on a first DUI offense.
If your reading was 1.0 percent or higher, you're facing a $300-$500 fine, $364 in fees and costs, a license suspension of seven months to one year, and twelve to thirty hours in an intoxicated drivers resource center. Depending on your reading, you might also be required to use an ignition interlock device for a period after your license is reinstated.
Your Right to a Speedy Trial
Failure to provide a speedy trial is a way to get your case thrown out potentially. There is a guideline from the New Jersey Supreme Court that says DUI cases should be resolved within sixty days. Of course, that's just a guideline. It's usually challenging to comply with that time frame because the state has to get the discovery evidence, all of the videos, any repair records for BAC machine and get everything to us to prepare for trial. We also may need to get an expert report and more.
If we can show that the state has unlawfully or unnecessarily dragged the case out in violation of your speedy trial rights, we have a strong chance of getting your DUI case thrown out in court. For example, if we go to court multiple times, and the state is missing a key piece of discovery, such as video, certification from the arresting officer showing that he was lawfully operating the machine, etc., then we can motion the judge to throw out the case based on a violation of your right to a speedy trial.
Does this Work?
As long as we put it in the record each time we go to court that we are asserting your right to a speedy trial and the need for your discovery, a motion can be made to dismiss after a couple of appearances based on the failure to provide the discovery, and again, your right to a speedy trial. As seasoned Union County DUI lawyers, we have a lot of tricks up our sleeves to get your case dismissed, to win in trial, or to get you the best sentence possible.