Law Office of Joseph S. Scura, LLC
Essex County Office
331 Central Avenue
Orange, NJ 07050
Morris County Offices
94 Diamond Spring Road
Denville, NJ 07834
1160 Route 46 West
Parsippany, NJ 07054
Or use our contact form.
JERSEY CRIMINAL LAW BLOG
Understanding a New Jersey DWI/DUI
Around the holidays, there is always a spike in the number of people calling about charges related to driving while intoxicated (DWI/ DUI). It makes sense, as we are inundated with invitations to holiday parties, family gatherings and numerous other events where people tend to cut loose and have a few drinks. In my experience, most individuals charged with DWI in New Jersey are not falling down drunk, or what we may call drunk in a social sense, but have simply operated a vehicle with a higher blood alcohol content (BAC) than the State of New Jersey has deemed appropriate, currently .08 or above. New Jersey drivers really need to understand that even if you feel sober, and can recite the alphabet backwards, touch your nose, etc...you still may find yourself charged with DWI based on your BAC, usually determined by a breath test known as the Alcotest machine, successor to the Breathalyzer.
A defense attorney will examine the evidence and explore a number of avenues to attack the prosecution case. The attorney will try to determine; whether the motor vehicle stop valid? Can the State prove operation of the vehicle? Did the police have probable cause to ask the driver to submit to a breath test? Etc… A substantial portion of the attorney’s time and attention will be focused on the BAC results and seeking to invalidate them. In many cases, the successful defense of a DWI charge turns on the validity of the breath test.
Fighting a DWI charge is unlike any other offense in New Jersey, and can be more complex to defend than more serious criminal offenses due to the technology involved and the State’s continuing crackdown on intoxicated drivers. DWI cases are difficult, but they can be won.
The consequences of a DWI conviction in New Jersey are amongst the most severe in the country. A first time offender with a .08 reading will be sentenced to a minimum 3 months loss of license, 12-48 hours in the intoxicated drivers resource center and approximately $3,755 in fines, fees and surcharges. The penalties are more severe for higher BAC readings and for those with prior convictions. A third time offender will be sentenced to 180 days in jail and a 10 year loss of license. See the full breakdown of penalties HERE.
Unlike other states, New Jersey does not allow for a conditional or “worker’s” license, meaning a driver suspended for DWI cannot operate a vehicle for any reason. If a driver is caught operating a vehicle while under suspension for DWI, there are substatial enhanced penalties, including mandatory jail time.
Refusal to Submit Breath Samples
Refusing to submit to a breath test in New Jersey is a separate offense in and of itself (N.J.S. 39:4-50.4a). Many people arrested on suspicion of DWI believe that the way to “beat” a DWI is to refuse to provide a breath sample. That may have been the case years ago, but the State of New Jersey has since closed that loophole by enacting stiff penalties for those that refuse to take the test. A first conviction for refusal carries a minimum 7 month loss of license (up to 12 months) and the same financial penalties of a DWI. See the full breakdown HERE. (Note-the law on this issue differs from state to state, the foregoing only apples to the NJ).
Two Years in Solo Practice
It’s no coincidence that more than two years after starting my practice, I am just now finding the time to sit down and write my first blog post. In the future I plan to use this space to write about more substantive criminal law developments, but for this introductory post I’m going to share some of my experiences starting a solo law practice over the last two years. I have chosen this topic for a few reasons. For starters, I would like potential clients to know who I am and where I’m coming from. Secondly, there are a lot of young attorneys going solo, or contemplating the solo path that may benefit from some of what I have experienced. Finally, I wanted to record some of these thoughts while they were still relatively fresh in my mind, as I have a feeling I may benefit from reading them sometime in the future. This is by no means a how-to-guide to starting a practice. This is the way I did it, and I’m not saying it’s the best way, or even a good way…just a way.
I went to law school at American in DC with the goal of becoming a criminal defense attorney, specifically; I hoped to get a job as a public defender. I graduated in 2008 when the job market was drying up, but was lucky enough to land a clerkship for a criminal judge back home in New Jersey. In New Jersey, clerkships are a one year appointment, and are generally seen as a great stepping stone …however, that’s only when there’s somewhere to step to , and by 2009 the legal job market was non-existent. In my case the public defender’s office was on a hiring freeze, and criminal defense, in my jurisdiction anyway, is a solo/small firm dominated field. There are very few firms looking to hire criminal defense practitioners, so I had to decide whether to seek a paying job and give up criminal defense or figure out a way to make criminal defense pay. I opted for the latter.
I got my start by sharing space with a two attorney criminal defense boutique outside of Newark, New Jersey. The arrangement was simple, I did legal work for the firm and in return I received a nice office and access to overflow work. (This arrangement requires you to abandon all preconceptions regarding what your time is worth, because the time/hours ratio will not work out to $250/hour). While it was nice being able to start a practice without a major expense like rent, the most valuable part of the arrangement was having experienced practitioners to turn to with questions, paired with the opportunity do substantive legal work, get into court every day and gain exposure to the criminal justice system and all of its players. One of the most difficult parts of criminal defense is learning how to get things done and figuring out who you need to talk to accomplish certain essential functions. After law school we can all file a motion, and write a brief but effective representation often happens on the fly, and you could waste hours figuring out details like how to get your client up from holding, get a court interpreter, get a bail motion heard on short notice or lock down a bed in a drug program…the type of stuff that varies in every courthouse and isn’t taught at any CLE event (but should be). After a couple months I became the go to guy for a group of established CDLs when they needed outside legal work and I was working all over New Jersey. Eventually, court appearances and brief writing turned into being brought into cases as co-counsel, then referrals and then an organic client base. A few months in I was trying cases, while my contemporaries hadn’t sniffed a courtroom.
If I could stress one point here, it would be “just work”. You could spend hours in your office tweaking your website, tweeting, answering questions on AVVO, (all of which I’ve done btw) but if you want to be a young solo the most productive thing you can do to build your practice is develop skills as an attorney and do good work. A satisfied client or a courtroom full of witnesses to a winning argument is more valuable than anything you can say in 140 characters. I’m not saying you should ignore the other stuff, but in my opinion it’s better to market the practice you are building than to try and build the practice you’re marketing.
People seem to like checklists on the internet, so if I had to distill what I’ve learned (still learning) into a few morsels (that I hope to remember) they would be:
- Giving a crap goes a long way. It’s not an outright substitute for experience but it can certainly close the gap.
- No matter how smart you are, you need someone to turn to for questions. Luckily, CDLs are amongst the most generous and collegial in the profession.
- It’s always about the client first. Just do good work and your efforts will be rewarded.
- Don’t expect a “thank you”, but if you get one, be grateful and you can be sure you earned it.
- Be wary of off the rack advice - (paraphrasing) Alan Dershowitz, Letters to a Young Lawyer