DUI Lawyer Roselle Park, NJ

DUI Lawyer Roselle Park, NJ

A DUI (Driving Under the Influence) charge in Roselle Park, New Jersey can have a devastating impact on your life. From license suspension and hefty fines to potential jail time, the consequences of a conviction can be long-lasting and far-reaching. It’s crucial to seek immediate legal representation to protect your rights and navigate the complex legal system.

At Brett M. Rosen, Esq., we are dedicated to providing top-tier legal defense for individuals facing crimes, tickets and DUI charges in Roselle Park and throughout Union County, NJ. We have a proven track record of success and a deep understanding of New Jersey’s DUI laws. Our team is committed to fighting for your rights and minimizing the impact of a DUI charge on your life.

Why Choose Brett M. Rosen, Esq. for Your Roselle Park DUI Defense?

• Local Expertise: We have extensive experience handling DUI cases in Union County and are intimately familiar with the local courts, judges, and prosecutors.
• Proven Track Record: Our firm has a history of success in securing dismissals, reduced charges, and favorable outcomes for our DUI clients.
• Client-Centered Approach: We understand the stress and anxiety associated with a DUI charge. Our team is committed to providing personalized attention and compassionate support throughout your case.
• Aggressive Advocacy: We are tireless advocates for our clients’ rights. We will challenge the evidence against you, negotiate with prosecutors, and fight for the best possible outcome in your case.
• Free Consultation: We offer a free initial consultation to discuss your case and assess your legal options. There’s no obligation, and we’re here to answer any questions you may have.

Understanding DUI Laws in New Jersey

In New Jersey, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher. However, even if your BAC is below the legal limit, you can still be charged if the police officer believes you are impaired due to alcohol or drugs. This can be based on your driving behavior, your performance on field sobriety tests, or other observations.

Potential Consequences of a DUI Conviction in Roselle Park

The penalties for a DUI conviction in Roselle Park, NJ can be severe, even for a first-time offense. These penalties can include:

• Fines: Ranging from hundreds to thousands of dollars, depending on your BAC level and prior offenses.
• License Suspension: You can lose your driving privileges for a minimum of three months for a first offense. Subsequent offenses carry longer suspensions, ranging from seven months to a year or even more.
• Jail Time: Although not always mandatory for first-time offenders, jail time is a possibility, especially if your BAC was high or if there were any aggravating factors, such as having a minor in the vehicle or causing an accident.
• Ignition Interlock Device (IID): This device prevents your car from starting if it detects alcohol on your breath. You may be required to install an IID in your vehicle for a specified period, even after your license is reinstated.
• Intoxicated Driver Resource Center (IDRC) Program: You may be required to attend an IDRC program, which includes education and counseling about the dangers of drunk driving.
• Increased Insurance Rates: Your insurance premiums will likely increase significantly after a DUI conviction, and you may even lose your insurance coverage altogether.
• Other Consequences: You may also face additional penalties such as community service and court-ordered surcharges. A DUI conviction can also have long-term consequences for your employment, housing, and other aspects of your life.

How Brett M. Rosen, Esq., Can Help You Fight Your DUI Charge

We understand the intricacies of DUI law and the local court system in Roselle Park, NJ. Here’s how we can help you fight your DUI charge:

1. Conducting a Thorough Investigation:

• Analyzing Police Reports and Witness Statements: We’ll carefully review the police reports and witness statements to identify any inconsistencies, errors, or biases that could weaken the prosecution’s case. This may include questioning the officer’s observations and the accuracy of their reports.

• Examining Chemical Test Results: If you were given a breathalyzer or blood test, we will scrutinize the results for any inaccuracies or inconsistencies. We may consult with experts to challenge the validity of these tests, examining factors such as equipment calibration, maintenance records, and officer training.

• Reviewing Video Footage: If your arrest was recorded on dashcam or bodycam footage, we will carefully review the footage to look for any evidence that could be used in your defense, such as signs of police misconduct or errors in field sobriety tests.

• Interviewing Witnesses: We will interview any witnesses to the incident, including passengers in your vehicle, bystanders, or anyone else who may have relevant information that could support your defense.

2. Challenging the Evidence:

• Illegal Stops: We will examine whether the police officer had a valid reason to stop your vehicle. If the stop was unlawful, any evidence obtained afterward may be inadmissible in court.
• Invalid Field Sobriety Tests: Field sobriety tests (FSTs) are subjective and can be influenced by various factors, such as fatigue, nervousness, medical conditions, or even the officer’s instructions. We can challenge the validity of the tests or the officer’s interpretation of your performance.
• Inaccurate Breathalyzer or Blood Test Results: We can challenge the accuracy and reliability of breathalyzer or blood test results by examining the maintenance records of the testing devices, the officer’s training, and the chain of custody of the samples.

3. Exploring All Potential Defenses:

• Rising Blood Alcohol Defense: We may argue that your BAC was still rising at the time of the test, and you were not actually over the legal limit while driving.
• Medical Conditions: Certain medical conditions or medications can mimic the symptoms of intoxication. We will investigate if any underlying health issues may have contributed to your arrest.
• Miranda Rights Violations: If your Miranda rights (right to remain silent, right to an attorney) were not properly read to you before questioning, any statements you made may be inadmissible in court.
• Other Procedural or Constitutional Violations: We will meticulously review every aspect of your arrest and the subsequent investigation to ensure that your rights were protected.

4. Negotiating with Prosecutors:

• We are skilled negotiators and will work tirelessly to reach a favorable plea agreement with the prosecutor if possible. This could involve reducing the charges, seeking alternative sentencing options such as probation or community service, or even dismissing the case entirely.
• We will use our knowledge of the local court system and our relationships with prosecutors to advocate for the best possible outcome for you.

5. Aggressive Courtroom Representation:

• If your case goes to trial, we will provide you with experienced and zealous representation in Roselle Park Municipal Court. We will cross-examine witnesses, challenge the prosecution’s evidence, and present a compelling case in your defense.
• We will leverage our knowledge of the law and our trial advocacy skills to fight for your rights and protect your future.

Frequently Asked Questions About DUI Charges in Roselle Park, NJ

1. What should I do if I am arrested for DUI in Roselle Park, New Jersey? The most important thing is to remain silent and invoke your right to an attorney. Do not answer any questions or perform any tests without consulting with a lawyer.
2. Can I refuse a breathalyzer test in New Jersey? Yes, you can refuse a breathalyzer test in New Jersey. However, refusal will result in an additional ticket and possibly license suspension for at least seven months, and the refusal can be used as evidence against you in court.
3. Will I automatically go to jail if convicted of DUI? Not necessarily. Jail time is possible, especially for repeat offenders or high BAC levels, but first-time offenders may be eligible for alternative sentencing options, such as probation or community service.
4. How much does a DUI lawyer cost in Roselle Park, NJ? Attorney fees vary depending on the complexity of your case and the experience of the lawyer. Brett M. Rosen, Esq., offers free consultations to discuss your case and provide a transparent fee structure.
5. Will a DUI conviction affect my employment? A DUI conviction can have serious consequences for your employment, especially in jobs that require driving or a clean criminal record. It’s essential to discuss these potential consequences with your attorney.
6. How long does a DUI stay on my driving record in New Jersey? A DUI conviction will remain on your driving record permanently. However, after ten years, it will no longer count towards a subsequent DWI offense.
7. Can I get a DUI expunged from my record in New Jersey? No, DUI convictions are not eligible for expungement in New Jersey.
8. What is the difference between a DUI and a DWI in New Jersey? While often used interchangeably, DUI and DWI (Driving While Intoxicated) are essentially the same offense in New Jersey. Both refer to operating a vehicle under the influence of alcohol or drugs.
9. Can I drive with an ignition interlock device (IID) on my car? If your license has been suspended and you are eligible for an IID, you may be able to drive with the device installed in your vehicle after a certain period of time.

10. What happens if I get a DUI in another state? A DUI conviction in another state will impact your New Jersey driving privileges. The state will likely suspend your license and impose additional penalties based on the out-of-state conviction.

Frequently Asked Questions About DUI Charges in Roselle Park, NJ (continued)

• Can a DUI charge be dismissed in Roselle Park? Dismissal of a DUI charge is possible but rare. It depends on various factors, such as: Lack of evidence: If the evidence against you is weak or insufficient, your attorney may be able to argue for dismissal. Procedural errors by law enforcement: If the police made mistakes during the stop, arrest, or investigation, such as an illegal stop or improper administration of field sobriety tests, the evidence may be inadmissible, leading to a potential dismissal.
• What is the difference between a plea bargain and going to trial? A plea bargain is an agreement between you and the prosecutor where you plead guilty to a lesser charge or fewer charges in exchange for a reduced sentence. Going to trial means your case will be heard before a judge (in NJ, there are no jury trials for DUI cases), who will decide whether you are guilty or not guilty. Trials are riskier but may be necessary if a fair plea bargain cannot be reached.
• What are the long-term consequences of a DUI conviction in New Jersey? A DUI conviction in New Jersey can have long-lasting consequences beyond the immediate penalties. It can affect:
  • Your employment prospects, especially in jobs that require driving or a clean criminal record.
  • Your ability to obtain certain professional licenses. Your eligibility for certain government benefits.
  • Your ability to travel to certain countries or obtain certain types of visas.
• What is the role of the Intoxicated Driver Resource Center (IDRC)? The IDRC is a program that provides education and counseling to individuals convicted of DUI. Attendance is often mandatory and can last several weeks or months. The goal of the program is to help you understand the dangers of drunk driving and develop strategies to avoid future offenses.
• What happens if I get another DUI after my first offense? The penalties for subsequent DUI offenses are significantly harsher than for a first offense. You may face increased fines, longer license suspensions, mandatory jail time, and other consequences. A second offense within ten years of the first will also result in a mandatory installation of an ignition interlock device.
• Can I get my DUI dismissed if the police didn’t read me my Miranda rights? If the police failed to read you your Miranda rights before questioning you, any statements you made may be inadmissible in court. However, this does not automatically lead to a dismissal of the DUI charge. Other evidence, such as breathalyzer results or witness testimony, may still be used against you.
• What if I was taking prescription medication that affected my driving? If you were taking prescription medication that impaired your ability to drive, you could still be charged with DUI. However, your attorney may be able to argue that you were not aware of the medication’s effects or that it was medically necessary and you were not impaired.
• What are the potential defenses for a DUI charge in Roselle Park? There are several potential defenses, including:

• • Challenging the legality of the traffic stop (lack of probable cause).
  • Questioning the accuracy of field sobriety or chemical tests (breathalyzer or blood test).
  • Raising medical or factual defenses (e.g., rising BAC, medical conditions).

Don’t Face a DUI Alone – Contact Brett M. Rosen, Esq. Today.

A DUI conviction in Roselle Park, New Jersey can have serious and lasting consequences. Don’t risk your future by trying to navigate the legal system alone. Contact Brett M. Rosen, Esq., for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free consultation.