What Will My Lawyer Argue to Get My DUI Dismissed?


A DUI is a very serious charge anywhere in the United States, and New Jersey is no exception. Being convicted of a DUI can cost you driving restrictions like a license suspension, the requirement of installing an ignition interlock device, and even jail time. Many jobs and even housing applications nowadays ask if you have a conviction on your record, such that a conviction will likely cause you problems in other parts of your life. This is why it is crucial to hire an experienced, skillful Bergen County DUI lawyer who will fight by your side to get your DUI dismissed. This blog post will explain some arguments your lawyer may use to this end. Read carefully so that you learn about the strategies used in cases like yours.

What Is Driving Under the Influence in New Jersey?

A crime may be defined by the elements legally required to prove it. For driving under the influence, there are three elements:

  • The defendant operated a vehicle
  • The defendant had consumed drugs or alcohol that limited their ability to drive carefully;
  • Or, the defendant had a prohibited quantity of drugs or alcohol in their blood alcohol content as they were driving.

People accused of DUIs are not allowed to plea bargain, with the limited exception that if the defendant is facing a second or subsequent offense conviction for DWI as well as charges for refusing a chemical test. In this case alone, the court is allowed to dismiss the refusal charge so long as the defendant admits to the DWI charge. If someone’s case involves other charges, which are not forbidden from plea bargaining, the prosecutor has the discretion to commute or dismiss charges.

What Arguments Will My Lawyer Use to Get a Charge Dismissed?

A clear starting place for your lawyer is challenging the elements of the case, such as whether you were really operating a vehicle or whether you really were under the influence of drugs or alcohol.

These are not the only options. Your lawyer may also challenge the legitimacy of the traffic stop and of the tests used to determine you were intoxicated. Breathalyzer misuse, incorrectly set up checkpoints, use of a field test not approved by the National Highway Traffic Safety Administration, or inadequate probable cause for a field test are all problems with the case against you that may be sufficient to get your charges dismissed, if your lawyer is successful.

If you have any further questions or you’ve been charged with a DUI, please don’t hesitate to contact the Law Office of E. Gregory M. Cannarozzi today.

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