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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience:  Attorney experienced in numerous areas of law.
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Hello, I am very worried about my situation and I want to know

Resolved Question:

Hello, I am very worried about my situation and I want to know what is going to happen to me and what can be done by an attorney to prevent my license suspension
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

I am glad to consider your question. What more can you tell me?

Customer:

Well I'm going to tell you briefly what happen so you can tell me what are my changes of winning the case.


It was around 1:30 in the morning I was coming back from Hoboken. I had dinner at Son Cubano restaurant and had a glass or two of sangria with my food.

Around 1:40 like the police reported I was on route 80 getting closer to Dover I think it was the exit before 35a which is the one for Dover. It was raining, foggy and I have to wear glasses to drive at night. So I wasn't driving fast so the police stopped me saying that I was going to slow when he stopped me he saw that my fiancé was drunk but I explained that I wasn't. He then came around to my window and asked me to get out of the car, I did he made me follow his finger then he ask me to walk but he noticed that I had high heels and told me he knew it was hard but to give it a try. Then I told him that if he wanted I could get flat shoes that I had inside the car and I changed. I did everything he told me to but he decided to arrest me. I mean this is the first time that police stops me on the route and gives me all this tests. When we got the police station he made me do 3 breathing test and the first two came up with error but he kept and kept trying finally the third one came with 0.106 %.

The tickets he gave me are :

Delaying traffic

Operating under the influence of liquor


Careless driving likely to endanger person or property and traffic on market lanes - unsafe change

This last one like I told you I knew I was getting closer to the exit and I was going to change lanes but when I saw he was following me I just didn't do it and I guess that was my mistake

Well this is what happened. I want to know what we could do and how can this be resolved I mean I have a son I recently graduated and I'm looking for a job and this is not fair I mean it was only 1:30 in the morning the weather was bad I could hardly see and plus I have to wear glasses I was being careful but then it is not right either.
Brandon M. :

At exactly what time did you stop drinking?

Brandon M. :

To the best of your recollection?

Customer:

Maybe 12:30

Customer:

because hoboken is around 40 minutes away from my house

Brandon M. :

You said that you breath tested at .106%. That was at approximately 1:40am?

Customer:

no that was at 2:40

Customer:

they brought me to the station

Customer:

and they made me wait there for a while i wasnt even allowed to go to the bathroom

Brandon M. :

Did they urine test you, blood test you, or have you use the breathalyzer back at the station?

Customer:

I only used the breathalyzer at the station not on the road

Customer:

on the road they made some tests but like physical

Brandon M. :

Ok, so they didn't have you blow into one of the portable devices while you were on the road, correct?

Customer:

Correct

Brandon M. :

Did you tell the police officer where you were coming from?

Customer:

Yes

Customer:

I told them the restaurant's name and what I had for dinner

Brandon M. :

Did you tell them what time you stopped drinking?

Customer:

Yes

Brandon M. :

What time did you tell them you stopped drinking?

Customer:

12:30

Customer:

I think

Customer:

I just had two glasses of sangria

Customer:

with my food

Customer:

There is no way I can be safe on this one right?

Brandon M. :

So the officer said that you were going "too slow"... how slow is too slow?

Customer:

I think 47 in a 65 mile zone

Customer:

but it was raining

Customer:

and foggy

Customer:

I have to wear glasses to drive at night

Brandon M. :

Your friend "looked drunk"... any idea what that means?

Customer:

he drunk a lot and was sleeping

Customer:

so the officer approached us by his window and said he could smell the alcohol

Customer:

and they came around to my window

Customer:

then*

Brandon M. :

What I'm trying to understand is why the officer might have pulled you over in the first place. You had said that the officer said you were driving too slow and your friend looked drunk. If the officer pulled you over because your friend looked drunk, I would just be curious what it means in this officer's mind for a vehicle passenger to look drunk.

Customer:

yes one of the tickets is for delaying traffic

Customer:

i was going to change lanes when i saw he was behind me i change my mind so that he said was also another reason

Customer:

but the first thing he asked me was that why was i going slow

Customer:

and so I told him that it was raining and foggy and that i was being careful due that I had to wear glasses to drive at night

Customer:

it is true that you can't go to the bathroom before the breathing test>

Customer:

He didn't event let me close the door

Brandon M. :

And here's where I'm going with this. To pull over a motor vehicle operator lawfully, the officer must have "articulable suspicion" that a law has been violated. You have said that you were driving 47 mph in the rain in a 65 mph zone. It's not clear to me that there is anything about that to lead someone to believe that the law has been violated. Your passenger was sleeping. It's not clear to me that there's anything suspicious about that either.

Brandon M. :

If a vehicle is not lawfully pulled over, any subsequent evidence collected as a result is not admissible. In other words, the evidence essentially all gets thrown out and the case has to be dismissed.

Brandon M. :

You've not been to court yet, correct?

Customer:

Not yet

Customer:

Well another thing is that as i Mention i change my heels and put flat shoes on

Customer:

so when we were at the station he said ohh your heels left marks on your ankle.. Why he was looking at my legs ?

Customer:

I was wearing a dress

Brandon M. :

I'm not going to speculate about that unless you have some reason to believe that it's relevant to your guilt.

Customer:

what do you mean

Brandon M. :

You asked why he was looking at your legs. I just meant that I have no idea what the answer to that question is, but it isn't clear to me that it is important to determining whether or not the state has sufficient evidence of your guilt. So I just meant that I don't want to get distracted worrying about that right now. It's a red herring, if you're familiar with that expression.

Brandon M. :

Does that make sense?

Customer:

ohh ok

Brandon M. :

Going back to the question at hand, from a criminal defense standpoint, I am particularly interested in understanding the justification for pulling you over. If a stop was not legally justified, the whole case gets thrown out. That's where you would do well to consult with a criminal attorney in person. They can examine the police report, and that should tell you whether or not the state can prove their case.

Customer:

That was what he asked me when he stopped me. Why are you going slow

Brandon M. :

As I mentioned, there has to be "reasonable suspicion" that a crime is in progress. It's not at all clear to me that 47 in a 65 at night when raining is suspicious at all.

Customer:

in a 65 miles zone

Customer:

I told him that and then he said ohh and why you were going between to lanes

Brandon M. :

Yeah, it's slow, but what crime was potentially being violated? If you were driving 65 mph, he probably would have ticketed you for driving at an unsafe speed under the conditions.

Customer:

Yes

Customer:

that is what I think if you go too fast is wrong but if you are being careful then is worst

Brandon M. :

This one is worth having examined by an attorney in person. We fortunately have laws that presume innocence so the police can't pull us over and question us without a valid reason. This isn't Nazi Germany where they can demand that we show them our papers.

Customer:

i wasnt delaying traffic at all

Brandon M. :

Exactly.

Customer:

no one was behind me

Brandon M. :

My advice is to consult in person with a criminal defense attorney. They can get a copy of the police report at the first hearing and decide if the matter can get thrown out.

Customer:

ok and lets pretend that the case can't be thrown out

Customer:

what can happen to me

Brandon M. :

Worst case scenario possible?

Customer:

Yes

Customer:

and what the attorney could do to not be

Customer:

What I want to know is if the attorney would be able to save my license for being suspended

Brandon M. :

Well, there are different penalties based on a driver's blood alcohol content, but since they didn't take a reading of your blood alcohol content at the scene and since they didn't perform a breathalyzer until an hour later, they normally would not have a snowball's chance in Miami of going for anything other than the minimum Driving Under the Influence. The maximum penalty, which is extremely unlikely for any given first time DUI offense with minimum BAC requirements is a 3 month driver's license suspension, around $2,000 in fines, fees, and surcharges, 48 hours with an Intoxicated Driver Resource Center, and 30 days in jail.

Brandon M. :

In New Jersey, there is no way around a license suspension if a driver is convicted of operating a vehicle under the influence. A conditional license is not an option.

Customer:

I live in New Jersey

Brandon M. :

But again, this is the worst case scenario. Using a criminal defense attorney will ensure that your rights are protected and that you get the best outcome possible under the law.

Brandon M. :

Yes, I'm talking about New Jersey law. Did I say something else by accident?

Customer:

No I misunderstood when you mention miami, sorry

Brandon M. :

No, I just felt that it was less offensive to say a snowball's chance in Miami than to say a snowball's chance in Hell.

Brandon M. :

So having discussed these matters, do you have a plan going forward?

Customer:

and what about the attorney around how much one could charge me

Customer:

What I am really worried about is the license suspension because I have to bring my baby to the daycare every morning and I am looking for a Job since I just graduated for University

Customer:

How having this charge would affect my job search and hiring possibilities

Brandon M. :

It varies a lot, depending on how the case develops. To use an example, I know one attorney who charges $400 per hour of his time to represent criminal defendants, and I know another that charges $1,000 total to handle a case from start to finish.

Brandon M. :

So it requires some searching. There are a lot of choices.

Brandon M. :

These are not especially serious charges, so they wouldn't affect the typical person's job search and hiring possibilities. If you were interested in going into law enforcement, then it would be more likely to create an issue, but for most any other job it would be irrelevant.

Customer:

Thanks God...

Customer:

They didn't take my license from me today when i went to get the car

Brandon M. :

If it makes you feel any better, approximately 1/3 of the U.S. population has at least a misdemeanor on their record.

Customer:

which I couldn't get either cause the towing place was already closed

Customer:

So if my license in the worst case has to be suspended when that would occur?

Customer:

the first day of court?

Brandon M. :

It would only happen on the first day of court if you plead "guilty" or "no contest" at the first court hearing.

Brandon M. :

But you will know in advance.

Brandon M. :

Did you have any other question?

Customer:

mmm let me think

Customer:

i am trying to think if the police said 47 or 42 but i can't find it on the paperwork they gave me

Brandon M. :

Certainly. While you are thinking, I would just like to ask if I have been able to answer all of your questions in a helpful way? I just want to make sure that you are satisfied with my help.

Brandon M. :

I'm not sure that 42 or 47 would change the answer if it was night and it was raining out with fog. Those are dangerous conditions. So it may be irrelevant.

Customer:

thats great

Customer:

yes you have made me feel a lot better and with some arguments to talk to my attorney

Customer:

but how do i know which one to pick

Customer:

i am afraid of choosing someone who would not do anything to help me

Brandon M. :

Where in New Jersey did this happen?

Customer:

The court is in Denville so I assume that it was closed to denville

Customer:

I was one exit away from dover my hometown

Brandon M. :

Denville is in Morris County, so I would refer you to the Morris County Bar Association for a referral: http://www.morriscountybar.com/lawyer_referral/

Brandon M. :

They can match you with someone that is right for you.

Customer:

I just have to click on the link

Brandon M. :

Yes. Or you can write it down and go to it later. Or you can just google "Morris County New Jersey Bar Association".

Customer:

oh ok thank you so much

Customer:

if i want to contact you again later how can i find you

Brandon M. :

The best way to do it is to ask for me by name. For example, "This question is for Brandon M." That way, if I am not online (I do take time off to eat and sleep), the other attorneys will know to set your question aside for me and I can answer when I return.

Customer:

ohh ok.. No my last question before I finish

Customer:

the going between lanes would affect me, i mean if the police said that I was constantly moving or something which is not true it was only one movement that would make it possible still to dismiss the case?

Brandon M. :

Unfortunately, that's something that is going to have to wait for an answer. We can go crazy speculating about what the police officer might say or not say, so the police report is really important. You aren't going to be able to get a copy of that just yet, so all the answers just aren't available right now.

Customer:

oh ok i will look for you when i get it

Brandon M. :

I'd be glad to give you my thoughts at that time.

Customer:

and obviously tell you what my attorney said to me

Customer:

ok thank you

Customer:

have a good one

Brandon M. :

Thanks. It was my pleasure. Take care.

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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