Have Legal Questions? Ask a Lawyer Now.
I am glad to consider your question. What more can you tell me?
Well I'm going to tell you briefly what happen so you can tell me what are my changes of winning the case.
Operating under the influence of liquor
At exactly what time did you stop drinking?
To the best of your recollection?
because hoboken is around 40 minutes away from my house
You said that you breath tested at .106%. That was at approximately 1:40am?
no that was at 2:40
they brought me to the station
and they made me wait there for a while i wasnt even allowed to go to the bathroom
Did they urine test you, blood test you, or have you use the breathalyzer back at the station?
I only used the breathalyzer at the station not on the road
on the road they made some tests but like physical
Ok, so they didn't have you blow into one of the portable devices while you were on the road, correct?
Did you tell the police officer where you were coming from?
I told them the restaurant's name and what I had for dinner
Did you tell them what time you stopped drinking?
What time did you tell them you stopped drinking?
I just had two glasses of sangria
with my food
There is no way I can be safe on this one right?
So the officer said that you were going "too slow"... how slow is too slow?
I think 47 in a 65 mile zone
but it was raining
I have to wear glasses to drive at night
Your friend "looked drunk"... any idea what that means?
he drunk a lot and was sleeping
so the officer approached us by his window and said he could smell the alcohol
and they came around to my window
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.
yes one of the tickets is for delaying traffic
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
but the first thing he asked me was that why was i going slow
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
it is true that you can't go to the bathroom before the breathing test>
He didn't event let me close the door
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.
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.
You've not been to court yet, correct?
Well another thing is that as i Mention i change my heels and put flat shoes on
so when we were at the station he said ohh your heels left marks on your ankle.. Why he was looking at my legs ?
I was wearing a dress
I'm not going to speculate about that unless you have some reason to believe that it's relevant to your guilt.
what do you mean
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.
Does that make sense?
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.
That was what he asked me when he stopped me. Why are you going slow
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.
in a 65 miles zone
I told him that and then he said ohh and why you were going between to lanes
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.
that is what I think if you go too fast is wrong but if you are being careful then is worst
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.
i wasnt delaying traffic at all
no one was behind me
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.
ok and lets pretend that the case can't be thrown out
what can happen to me
Worst case scenario possible?
and what the attorney could do to not be
What I want to know is if the attorney would be able to save my license for being suspended
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.
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.
I live in New Jersey
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.
Yes, I'm talking about New Jersey law. Did I say something else by accident?
No I misunderstood when you mention miami, sorry
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.
So having discussed these matters, do you have a plan going forward?
and what about the attorney around how much one could charge me
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
How having this charge would affect my job search and hiring possibilities
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.
So it requires some searching. There are a lot of choices.
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.
They didn't take my license from me today when i went to get the car
If it makes you feel any better, approximately 1/3 of the U.S. population has at least a misdemeanor on their record.
which I couldn't get either cause the towing place was already closed
So if my license in the worst case has to be suspended when that would occur?
the first day of court?
It would only happen on the first day of court if you plead "guilty" or "no contest" at the first court hearing.
But you will know in advance.
Did you have any other question?
mmm let me think
i am trying to think if the police said 47 or 42 but i can't find it on the paperwork they gave me
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.
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.
yes you have made me feel a lot better and with some arguments to talk to my attorney
but how do i know which one to pick
i am afraid of choosing someone who would not do anything to help me
Where in New Jersey did this happen?
The court is in Denville so I assume that it was closed to denville
I was one exit away from dover my hometown
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/
They can match you with someone that is right for you.
I just have to click on the link
Yes. Or you can write it down and go to it later. Or you can just google "Morris County New Jersey Bar Association".
oh ok thank you so much
if i want to contact you again later how can i find you
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.
ohh ok.. No my last question before I finish
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?
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.
oh ok i will look for you when i get it
I'd be glad to give you my thoughts at that time.
and obviously tell you what my attorney said to me
ok thank you
have a good one
Thanks. It was my pleasure. Take care.