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  • Driving Under the Influence (DUI & DWI) Lawyer in Linden

    Dan Roberts has been practicing law for almost 25 years and served as a Municipal Court Judge in Linden, New Jersey from 2012-2015. As a Municipal Court Judge, Dan routinely presided over thousands of cases involving claims of DWI, traffic matters, domestic violence, violations of New Jersey motor vehicle law and violations of municipal ordinances.

    If you have received a traffic citation in New Jersey for DUI or any other traffic offense, you need an experienced attorney to assist you. I know what needs to be done to protect your rights, and hopefully save your license and keep you out of jail.

    My job is to challenge the prosecutor’s case at every turn, including questioning why you were stopped, making sure that all physical dexterity tests were administered properly, and making sure that the breath test was administered accurately.

    If you are charged with driving under the influence, you are facing serious consequences:

    Consequences for First Offense DUI:

    Blood Alcohol Content (BAC) of .08%-.10%

    • Jail: Up to 30 days
    • License suspension: 90 Days
    • Fine: $250 – $400
    • Fees: $230 Intoxicated Driver Resource Center Fee; $100 Drunk Driving Enforcement Fund Fee; $75 Safe Neighborhood Fee, $100 DWI Surcharge
    • Surcharge: $1,000 per/year for 3 years
    • Intoxicated Driver Resource Center: 12 – 48 hours

    BAC of .10% or Drug Intoxication

    • Jail: Up to 30 days
    • License suspension: 7 months to 1 year
    • Fine: $300 – $500
    • Fees: $230 IDRC; $100 DDF; $75 SNF
    • Surcharge: $1,000 p/year for 3 years
    • IDRC: 12 – 48 hours
    • Interlock: 6 month – 1 year if BAC .15 or higher

    Consequences for Second Offense DUI:

    • Fine: $500 – $1,000
    • Jail: 48 hours – 90 days
    • License Suspension: 2 years
    • Fees: $280 IDRC; $100 DDF; $75 SNF
    • Surcharge: $1,000 p/year for 3 years
    • Interlock: 1 – 3 years
    • Community Service: 30 days
    • IDRC: 12-48 hours

    Third or Subsequent Offense Consequences:

    • Jail: 180 days
    • License Suspension: 10 years
    • Fine: $1,000
    • Fees: $280 IDRC; $100 DDF; $75 SNF
    • Surcharge: $1,500 p/year for 3 years
    • Interlock: 1 – 3 years
    • IDRC: 12-48 hours

    What Should I Do to Prepare for a Meeting With a DUI Lawyer?

    If you haven’t already, write down everything you remember about the arrest for DUI or DWI. Start with the scenario before the traffic stop, and continue through the arrest. Do not stop until you were released from custody. Details are important, because good lawyers will be able to see if there were any protocols that were missed or if your rights have been violated. One of these details could be why your case gets dismissed.

    What are Some Reasons a Drunk Driving Charge May Be Dismissed?

    A police officer cannot stop a car unless there is probable cause. This means there must be a blatant violation of a law, or they must be conducting a legal DUI checkpoint. Probable cause could include speeding, erratic driving, having a headlight or brake light out, or even littering. Even if the stop is made legally, they must have further probable cause to believe you may be driving while intoxicated.

    Breath testing machines can also be unreliable in some cases. They must be properly calibrated, and there is specific protocol that must be followed in order to administer the tests correctly. A DUI attorney will be familiar with these procedures, as well as the mechanics of the testing machine.

    How Can an Experienced DUI Attorney Help?

    Enlisting the help of a knowledgeable, experienced lawyer is key in helping to protect your future. A DUI conviction can not only hurt you financially, but can cause issues both at work and in your personal life. We will work to have your case dismissed, but even if this is not possible, there are still ways an experienced lawyer can help. The charge could be reduced to a lesser offense such as reckless driving, your jail sentence could be reduced or eliminated, and/or you may be able to avoid license revocation.

    Why is Experience So Important?

    One of the biggest advantages of having an experienced DUI attorney is that you have an expert on proper arrest procedures and DUI testing on your side. Through our years of representing clients with these charges, we have learned the most common reasons that driving under the influence charges are dismissed. A knowledgeable lawyer will examine your case closely to ensure there was probable cause for the traffic stop as well as for BAC testing, that your rights were not violated, and that the tests conducted were reliable.  And as a former Municipal Court Judge, Dan Roberts has a unique perspective on handling DUI cases from start to finish, having presided over hundreds of them while on the bench.  Such experience can only be beneficial to someone facing such serious and potentially life altering consequences.

    The way DUI cases are handled vary from one municipality to the next, so having a lawyer who is familiar with local customs and who has worked with local judges and prosecutors is important.  If you are facing DUI charges in New Jersey, the Law Offices of Charney & Roberts LLC can help you fight a conviction, and protect your future.

    Clearly, you need a trained and experienced attorney to get you through this difficult time. Don’t delay as there are strict time constraints affecting your case.  Call me today at (908) 925-8300.

    I represent clients throughout New Jersey, including Garwood, Berkeley Heights, South Orange, Holmdel, Fanwood, Kearny, Elizabeth, Woodbridge, Linden, Rahway, Clark, Westfield, Cranford, Roselle, Roselle Park, Springfield, Plainfield, Maplewood, Scotch Plains, Kenilworth, Summit, Union Township, Sayreville, West Orange, Hillside, Piscataway, Edison, New Brunswick, East Brunswick, North Brunswick, South Brunswick, and Perth Amboy; and other locations in Union County, Middlesex County, Somerset County, Hudson County, Essex County, Morris County, Ocean County and Monmouth County, New Jersey.