Being arrested for a DUI or DWI can feel like the end of the world. Not only is this an extremely humiliating experience, but many drivers feel as though they are convicted in the court of public opinion before they even have a chance to defend themselves in a real court of law. A lawyer can help you protect yourself and your rights by finding the best possible defense tactics.
After being arrested for a possible DWI, the first thing you should do is call an attorney for help. If the police attempt to question you while you are in custody, avoid answering questions until you have a lawyer present. You need your attorney to protect yourself as the case unfolds and identify possible defense strategies to help you avoid a conviction. DWI offenses are especially problematic because they cannot be expunged after your sentence is complete. This means DWIs remain on your driving record forever.
If you were recently pulled over for a DWI, call our DWI and DUI defense lawyers at (609) 418-4537 and ask our team at the Lombardo Law Group, LLC for a free initial case assessment.
What You Should Do After Being Arrested for a DWI or DUI in Ventnor
Being arrested for a DWI can feel like a whirlwind, and it is easy to become overwhelmed. While the authorities do not take kindly to anyone that they believe has broken the law, they are especially unforgiving toward suspected intoxicated drivers. Your top priority after being arrested is to call an attorney. They can come to your aid and protect your rights while you are in police custody.
Depending on the circumstances, the police might hold you overnight to “dry out” before asking you questions. Even still, ask to call a lawyer. If the police begin to question you after they arrest you, you should invoke your Miranda rights and refuse to answer questions until our DWI and DUI defense lawyers are with you. Remember, your right to remain silent means that you do not have to answer questions from the police about the alleged DWI. The less you say, the harder it is for them to incriminate you.
Discuss exactly what happened during the traffic stop with your lawyer. Did the police have a good reason to stop you, or do you believe you were stopped arbitrarily? Why did they arrest you? Do you know what they claim as probable cause? All this information may help your attorney mount a strong defense.
Why You Need an Attorney to Help You with a DWI in Ventnor
Technically, DWIs and DUIs are contained within New Jersey’s motor vehicle code, not the criminal code, meaning they are not actually criminal offenses. Instead, they are traffic offenses, but considering their quasi-criminal nature, DWI offenses and defendants are afforded many of the same protections and procedures as ordinary crimes and criminal defendants, with the exception of a jury trial. Even though a conviction for a DWI might not technically be a criminal conviction, you should still have a lawyer to help you.
Your attorney can help you determine if the evidence against you is sound and valid. If it was taken in violation of your rights or should not be trusted for some reason, your lawyer can help you raise this issue with the court. In some cases, the evidence may be excluded and not considered when the judge renders a verdict. In others, the evidence might still be admissible but is surrounded by doubt, making a conviction harder to achieve.
Your attorney can also urge the court to impose the least harsh penalties within their discretion. The penalties for DWIs and DUIs tend to vary, and there is usually some form of a minimum and maximum for fines, jail time, license suspensions, and more. If your case involves more mitigating factors than aggravating ones, our team might be able to convince the court to impose lesser penalties so you can get back to your life faster.
Being Charged with a DWI in Ventnor When You Were Not Driving
When discussing DWIs in New Jersey, most people probably think of the police pulling over drivers for unsafe driving only to discover that the driver is drunk. While this is a fairly common way for DWIs to occur, it is not the only way. Many people are surprised to learn that drivers may be arrested for DWIs when their car is parked, depending on the circumstances.
Sometimes, the police approach a driver in a parked car because they have reason to believe that the driver is intoxicated. For example, the officer might notice the driver stumbling into the car, so they approach to make sure everything is okay. Next, they might notice the person’s speech is slurred, and they smell strongly of alcohol. After that, they might notice that the engine of the driver’s car is still warm, indicating it was very recently driven. This may be enough probable cause to arrest the driver for a DWI, even though the officer might not have witnessed the driver operating the vehicle.
In some cases, the driver cannot possibly be driving because they are asleep in the car. This is not unusual, as many people decide to sleep it off in their cars rather than drive home. However, if the police can establish that the driver was intoxicated and had “actual physical control” over the car, they may still arrest them for a DWI.
Actual physical control is a broad concept with no singular definition or defining characteristic. It is normally examined as a totality of the circumstances, which might include a whole host of details. For example, if a person smells strongly of alcohol, is sitting in the front seat, and the car keys are in the ignition (even if the car is off), this might be enough to establish actual physical control. If this sounds like your situation, explain everything to your lawyer. They might be able to refute the officer’s claim that you had actual physical control.
Get in Touch with Our Ventnor DWI and DUI Defense Attorneys for Assistance
If you were recently pulled over for a DWI, call our DWI and DUI defense lawyers at (609) 418-4537 and ask our team at the Lombardo Law Group, LLC for a free initial case assessment.
