Michael D. Halbfish, Esq.

A DWI charge often involves more than merely the loss of driving privileges.  A DWI charge can have a major impact on your life.  Never just plead guilty to a DWI charge.  Even when a person was drunk at the time of the ticket, there may be better options available.  You deserve every possible opportunity to save your license.  Let our law firm review your case and explore the possibility of a defense.  Frequently, people are surprised to discover that the law can protect you.  I am committed to giving people the best possible defense so that you can keep your license and your freedom.

There are many challenges that can be made when you are charged with drunk driving .  The law requires the State to prove that you were not capable of safe driving.  The law places many requirements upon the State before a person can be convicted.  When challenged, the State must prove that the arresting officer made the arrest properly, any field sobriety tests performed were properly administered and scored properly, the equipment used to perform tests was properly calibrated and in good working order, and that the equipment operator was properly certified to use the equipment.  These challenges are just starting points of a comprehensive defense plan.

As part of your defense I will obtain full discovery of the evidence that the State plans on using against you.  We will then review the discovery together.    We will find out the following:

- the identity and contact information of witnesses the State may call to testify.  We will also obtain any recorded or written statements made by these witnesses.  We will then prepare questions for these witnesses.

- copies of records regarding the maintenance and calibration of any testing equipment.  When necessary we can obtain toxicologists and other expert witnesses to help challenge the validity of the equipment.

- records to show whether the equipment operator was properly certified to use the equipment

- any information or material that may help show that you were not guilty of the accused charges.

- proof that you were properly advised of all of your rights.

Our office is prepared to use both the facts and the law to defend your rights and your freedom.

DWI IN NEW JERSEY INVOLVES THE FOLLOWING:

In New Jersey a defendant can be convicted of a DUI by having a blood alcohol level, which is at or above the State limit (which as of January 2004 is .08%), OR by failing the sobriety roadside tests currently referred to as "psycho-physicals."  These tests usually entail reciting the alphabet backwards or forwards without singing it, heel to toe walking, holding one foot above the ground without loosing balance or using your arms outstretched for balance and a visual examination by the Police Officer (if he is certified to perform this test) of your eye movement called "Horizontal Gaze Nystagamus."  There is NO Right to refuse to provide a breath sample or a sample of blood for the purpose of ascertaining a blood alcohol reading.  Should a driver refuse they will be issued a Refusal ticket as well as a DUI ticket, and the penalties for both tickets can run consecutively. 

The fines and punishment for DUI for a blood alcohol reading of at least .08% but less than .10% are:

First Offense

• $200.00 to $400.00 fine
• 12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center)
• Up to 30 days in the County Jail
• 3 months Loss of License (or driving privilege if an out of State licensed driver)

The fines and punishment for a DUI for a blood alcohol reading of .10% and higher as well as driving under the influence of drugs are:

First Offense

• $300.00 to $500.00 fine
• 12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center)
• Up to 30 days in the County Jail
• 7 to 12 months Loss of License (or driving privilege if an out of State licensed driver)

Second Offense

• $500 to $1000.00 fine
• 48 hours to 90 days in the County Jail
• Up to 30 Days Community Service
• 2 year Loss of License (or driving privilege if an out of State licensed driver)
• Ignition Interlock or forfeit registration for 2 years

Third and Subsequent Offenses

• $1000.00 fine
• 180 days in the County Jail (may serve 90 of the 180 in an approved inpatient rehabilitation facility)
• Up to 30 Days Community Service
• 10 years Loss of License (or driving privilege if an out of State licensed driver)
• Ignition Interlock or forfeit registration for 10 years

YOU ARE INVITED TO CONTACT MICHAEL D. HALBFISH.  

Wininng is possible.  Michael D. Halbfish would like to make this happen. 

Our firm handles DWI and other traffic violation cases.

Email: mailto:MichaelHalbfish@aol.com