Drunk Driving Lawyer Newark | Rispoli & Borneo P.C.

A Drunk Driving Lawyer Newark Respects Explains Saving Your License after a DUI Arrest

Drunk Driving Lawyer Newark

Our Newark drunk driving lawyer knows that if you’ve been arrested on suspicion of DUI, you may be up against the clock to keep your license. Some states require an administrative suspension. This may kick in after a set number of days following your arrest. In states like New Jersey where administrative suspension occurs, it is possible to keep your license, but you must act right away. Call Rispoli & Borneo, P.C. to get guidance on what to do next.

DUI License Suspension

In the state of New Jersey, if you blow a 0.08% or higher on a blood alcohol test, or if you refuse to take the test, the responding officer can arrest you on suspicion of DUI. This comes with an automatic administrative suspension of your license. However, what many defendants in Newark do not realize is that they have a limited number of days to request a hearing to appeal the required suspension.

Your first call after a DUI arrest should be to a trusted DUI attorney. Rispoli & Borneo, P.C. is experienced in handling DUI suspension hearings. We have helped many drivers just like you keep their licenses while fighting the charges against them.

Administrative Proceeding

At the administrative hearing, you and your Newark drunk driving lawyer will be allowed to present evidence and question the arresting officer. We often see three common scenarios play out.

First, the arresting officer may not show and you will win by default.

Second, it’s possible the arresting officer failed to follow department procedure. Your drunk driving lawyer can also show there wasn’t probable cause for the arrest to be made.

Finally, it may be possible to enter a plea where you plead to a lesser offense and get to keep your license. This can be an appealing option.

This would only keep your license for a short time. If you plead to a DUI or you are found guilty, your license will be suspended. It is important to keep in mind that the administrative suspension hearing is separate from your court date.

A skilled drunk driving lawyer will be able to face all of these circumstances and contest all of these factors. And, if successful, you won’t lose your license. It may even be possible to identify loopholes that could mean your charges get dropped.

Going to Trial

If your case progresses to a trial, you will want to have a trusted Newark drunk driving lawyer at your side.

Jury trials can be lengthy processes. There are weeks, if not months, of investigation and preparation that take place. During this time, your drunk driving lawyer will be working to gather relevant evidence, make court motions, and appear at pre-trial hearings.

You could be facing a jail sentence, steep fines, and a lengthy or permanent loss of license.

These are not situations to be taken lightly. The team at Rispoli & Borneo, P.C. stands ready to hear the details of your case and to represent you with all of our available resources.

Dos and Don’ts When Facing a Drunk Driving Charge

Being charged with drunk driving can be frustrating, confusing and downright frightening. You may have imbibed a little and then drove yourself home — You never meant to hurt anyone or cause any trouble. Yet, you were pulled over, and now you need the help of a Drunk Driving Lawyer in Newark like the fine attorneys at Rispoli & Borneo, P.C.

Before you face your administrative proceeding and later your drunk driving court trial, you should be aware of a few things to do and a few to definitely avoid doing. Now that your charges are a reality you need to learn how to make the best of your raw deal.

Don’t Ever Refuse the Alcohol Test

The laws and consequences of drunk driving are different in each state. That said, all Rispoli & Borneo, P.C. attorneys understand that in New Jersey, a refusal to undergo a breathalyzer test can mean automatic jailtime for a defendant like yourself. This is especially true if the incident in question is not your first traffic stop. If you do not end up in jail thanks to the skilled work of your Drunk Driving Lawyer in Newark, you may still be charged on the spot, and you are more likely to be found guilty at your hearing.

Do Show up to Your Administrative Hearing and Court Trial

Your attorney at Rispoli & Borneo, P.C. will accompany you to every court date and hearing you have when you are trying to fight a drunk driving charge. However, just because your lawyer is presents does not mean that your presence is not necessary. If you show up at every meeting alongside your attorney, the judge is more likely to see you in a favorable light. On the other hand, if you don’t appear at all, you may be found automatically guilty whether you deserve it or not.

Do Consider Pleading to a Lesser Charge

Even if you are innocent of your charge, it may make sense to enter an initial plea. Your Rispoli & Borneo, P.C. attorney can help you strategize about plea bargains, how to know if yours is an exceptional case and how to make the trial system work to your advantage.

the fine attorneys at Rispoli & Borneo, P.C.
Before you face your administrative proceeding and later your drunk driving court trial, you should be aware of a few things to do and a few to definitely avoid doing. Now that your charges are a reality you need to learn how to make the best of your raw deal.

Don’t Ever Refuse the Alcohol Test

As your Drunk Driving Lawyer in Newark will no doubt advise you, do not refuse to take an alcohol breathalyzer test. Whether you have an ignition interlock device or you are subjected to a test by a police officer who has pulled you over, take the test. No matter what the results are, your consequences after taking the test are not likely to be as bad as if you choose not to take the test at all.
The laws and consequences of drunk driving are different in each state. That said, all Rispoli & Borneo, P.C. attorneys understand that in New Jersey, a refusal to undergo a breathalyzer test can mean automatic jailtime for a defendant like yourself. This is especially true if the incident in question is not your first traffic stop. If you do not end up in jail thanks to the skilled work of your Drunk Driving Lawyer in Newark, you may still be charged on the spot, and you are more likely to be found guilty at your hearing.

Do Show up to Your Administrative Hearing and Court Trial

not mean that your presence is not necessary. If you show up at every meeting alongside your attorney, the judge is more likely to see you in a favorable light. On the other hand, if you don’t appear at all, you may be found automatically guilty whether you deserve it or not.

Do Consider Pleading to a Lesser Charge

Questions To Ask Prospective Workers’ Compensation Attorneys

When Do I Need To File My Claim

Each state has a different workers’ compensation claims process. Therefore, the deadlines to file your claim vary from state to state. If you are working with an attorney before you file your claim, you need to ask what the claims deadline is. In many cases, you have 30 days to file, so you and your workers comp lawyer in Northern New Jersey may need to work quickly. An experienced firm, e.g., Rispoli & Borneo, P.C., understands your state’s requirements.

What Is Your Analysis of My Case?

During your free consultation, you should ask each prospective workers comp lawyer in Northern New Jersey to evaluate your case. These professionals should be able to give you a general idea of what your case is worth and what benefits you are entitled to. Although they cannot guarantee a result, they should be able to give you a general estimate of your possible settlement or judgment. In addition, they should discuss the medical treatments and other rehabilitation services you should qualify for.

These attorneys can also share their opinions on your case’s outcome. They may suggest that additional documentation be submitted, including medical records, doctor’s requests or referrals, witness statements, etc. Their goal should be to strengthen your case and improve your chances of success.

How Long Will My Case Take?

Any reputable law firm, e.g., Rispoli & Borneo, P.C., can tell you that legal battles take time. At times, there is no way to tell how long you will have to wait for a resolution and the receipt of your settlement or judgment. However, experienced lawyers can give you a ballpark estimate or timeline. Although they cannot guarantee the resolution of your case by a specific date, they can estimate how long it will take based on your case details. However, the more information you can give your attorney about your case and injury, the better they may be at estimating when you will receive your money.

What Do I Do About Work?

When you are injured, it is difficult to know when to return to work and what to expect when you return. If you go back and you are demoted, moved to another role, experience a wage cut, asked to perform duties that are outside your doctor’s recommendations or face any other form of retaliation, you need to contact your attorney immediately.

In addition, your attorney should be in contact with your physician, and both of these professionals should be able to tell you when you are cleared to return to work and what accommodations your employer may need to make upon your return.

Myths and Truths About Ignition Interlock Devices

The penalties for a DUI conviction are often harsh; even for first-time offenders. Depending on the circumstances of the charge, a judge may order a convicted defendant to have an ignition interlock device installed in their vehicle. If this should happen, the defendant will be responsible for the installation fee, as well as the monthly rental fee. Although this penalty is much better than being sentenced to jail, it is still one that is typically unfavorable for the defendant because it is expensive and usually needed for several months. A good drunk driving lawyer Newark has to offer may be able to have this penalty reduced into something like community service. If you have been charged with a DUI, please call a drunk driving lawyer in Newark to explore your options in further detail.

Food and Drinks Can Give a False Reading

It is commonly thought that certain foods or drinks will skew the results of an ignition interlock device. In some cases this is true; however, there is a solution for this. If there is any alcohol from a drink, food item, mouth wash, or medicine in your mouth at the time of the test, it will be detected. Your engine will not start, and the prosecutor will see this violation when examining the results of the breath tests. To prevent this from happening, you should not consume anything with alcohol in it for at least five minutes before testing.

Temperature and Altitude Can Cause a Violation

Ignition interlock devices have been designed to withstand a range of temperatures and elevations. It is possible for a breath test to be nominally affected in very hot or cold areas or high altitude locations. That said, temperatures from -49 degrees to 185 degrees and altitudes of up to 11,000 feet generally won’t affect the results. Most people are not going to be driving in conditions like these; therefore, this concern is typically not relevant.

A Smoker Should Not Use the Device

As a drunk driving lawyer Newark residents turn to for sound legal advice, we know of many people who believe the device won’t work because of the smoke. This is not true. Ignition interlock devices are not affected by smoke. The same is true for hairspray, perfume, and aftershave.

Retesting Is Unsafe

Sometimes the driver will be asked to take a retest while driving. This ensures they are remaining sober. These tests are safe in that even if the subject fails their retest, the car will not immediately stop. Subjects are encouraged to pull over and perform the test instead of doing it while driving. Bear in mind, it is certainly possible for the subject to be involved in an accident because they are under the influence of alcohol. When the test is failed, the information is recorded and sent to the probation officer.

Final Thoughts

As a Newark drunk driving lawyer might explain to you, ignition interlock devices will only work when a proper breath sample is provided. If the sample is performed incorrectly or is tampered with, it won’t start. Furthermore, a tampered device will be recorded as a violation. Finally, it is possible for another party to blow into the device. However, today there are cameras and rolling retests which make it very difficult to use another person without the device recording a violation.

3 Reasons to Seek Counsel for a DWI Charge

Take it from an experienced Drunk Driving Lawyer in Newark, driving under the influence of alcohol is serious business. Known in New Jersey as Driving While Intoxicated or DWI, driving drunk is among the most serious traffic violations that someone can commit. If you’re charged with DWI then you may be facing a number of consequences including fees, jail time, and the loss of your privilege to drive. Should you ever find yourself charged with Driving While Intoxicated, getting in contact with an experienced attorney is a top priority. Rispoli & Borneo, P.C. can help you navigate the complexities of the legal system and mitigate any potential consequences. Consider these matters before deciding to go it alone.

Your Lawyer Knows the System

It is unwise to try and take on the court system without a friend in your corner. A Drunk Driving Lawyer in Newark has the knowledge, experience, and relationships to create more favorable conditions in your case. They’ll be able to analyze the details of your case and provide you with an assessment of what to expect. They’ll keep you informed about scheduled court appearances and advocate for you as you stand before the court. Perhaps most importantly, Rispoli & Borneo, P.C. may be able to negotiate your case down to lesser charges depending on your circumstances.

License and Insurance Implications

The outcome of your case could have a number of lasting implications. For example, you may experience changes to the validity of your driver’s license or eligibility for auto insurance. Rispoli & Borneo, P.C. can assist you in getting your license reinstated and obtaining SR-22 insurance so that you can stay on the road. Driving While Intoxicated can also have a lasting impact on your criminal record. This could affect your eligibility for employment and other opportunities. While the details of every case are different, a Drunk Driving Lawyer in Newark can also assist you in getting your record sealed or having any charges expunged.

You Need Someone in Your Corner

Understandably, battling a charge of Driving While Intoxicated is a scary and frustrating experience. In addition to all of the legal and administrative benefits that a DWI attorney can provide to you, they can also save you time, energy, and peace of mind. Working with the experienced professionals at Rispoli & Borneo, P.C. can make a difficult process easier on your mind and spirit. Calling an attorney is a tremendous advantage in any DWI case.

Steps to Take When Pulled Over

Our drunk driving lawyer Newark, New Jersey recommends understands that if you are pulled over for a DUI, you may be scared and unsure of how to act in the situation. After all, drunk driving charges are very serious and can change your life. However, if a police officer has pulled you over and charged you with a DUI, we want to give you a few tips on the best procedures during this situation. It is possible to remain respectful and level-headed during a stop like this and that can go far when it comes to your charges. If you have been charged with a DUI and would like to speak with a Newark drunk driving lawyer from our firm, please give our office a call. The sooner you have an attorney on your side, the better.

What steps should I take?

There are a few steps you can take during this time to ensure that things go smoothly. Read below for a few helpful tips during a stop like this.

Pull Over. It may seem obvious, but many people who do not believe they have done anything wrong may avoid pulling over at all. This can lead to more serious charges and it will make you appear worse-off when it comes to the police officer describing how you did not comply. Instead, pull over when you find a safe area on the road. Once a police officer has decided to pull you over, they will make a list of observations. It will work in your favor to safely pull to the side of the road.
Remain Calm. When the police officer approaches your car, try to remain in a relaxed position. Making sudden movements, reaching into compartments without being asked to, or bending down is not only suspicious but it can make the police officer believe you are acting aggressively.
Be Respectful. Our Newark drunk driving lawyer knows that this is a difficult situation and you may not want to be polite. However, it can go a long way to show respect for the police officer and they will likely take note of your demeanor and attitude.
Only Give Certain Information. Do not give more information than necessary. Our drunk driving lawyer in Newark has seen many clients unintentionally incriminate themselves because they were trying to defend themselves. Instead, give only the necessary information and ask to speak with your attorney.

Collateral Consequences of a Drunk Driving Conviction

We have discussed the potential legal consequences if you are convicted of drunk driving in New Jersey, including loss of license, harsh fines, and potential jail time. But many fail to consider the potential collateral consequences a conviction can cause. The effects a conviction can have on a person’s life can be far-reaching and is just one more critical reason why you should hire a Newark drunk driving lawyer if you have been arrested for drunk driving.

Current and Future Employment

If you are convicted of drunk driving, even a first-offense charge means a loss of license. This will make getting to any job every day difficult, especially if you do not live in an area where there is public transportation. If our job involves any kind of driving in order to meet your job obligations, such as delivery driver or sales, you will not be able to do your job and could likely face termination.

When it comes to future employment, a DUI conviction can also have a negative impact. This conviction will show up on any employment background check. Many potential employers will view this as a negative. Some could even think it is an indication of an alcohol or substance abuse problem and may not even consider hiring you, regardless of whatever qualifications you may have.

A Newark drunk driving lawyer can explain how a DUI conviction can also result in a loss of a professional license that is required for your occupation, depending on the type of profession you are in. If your job requires a security clearance, a conviction could result in termination or denial of future employment.

Criminal Record

A DUI conviction will appear on your permanent criminal record. If you are someone who has no prior criminal record, you will now. In New Jersey, a DUI conviction cannot be expunged from your record like some other convictions can. The only way to have it removed is to seek post-conviction relief through the New Jersey Superior Court on the grounds that your original trial attorney did a poor job defending you.

Costs

A DUI conviction is also very expensive. Not only are there the fines you will be ordered to pay, along with any other court costs, but you will also be responsible for the costs of any alcohol evaluation and treatment programs the court orders you to participate in. You will also need to pay for transportation to get around during the time you are not permitted to operate a vehicle. There are also expenses when it comes time to you can have your license reinstated, including SR-22 insurance coverage and an ignition interlock device.

Child Custody

If the charges you are convicted on are especially egregious, such as driving drunk with your child in the vehicle or causing a DUI crash, the conviction could have a significant impact on your parenting time and parental rights. A drunk driving lawyer in Newark is essential to fighting all of these charges.

Call A Drunk Driving Lawyer Newark Residents Recommend Today

Without proper legal representation, you could be putting yourself at risk. Rispoli & Borneo, P.C. is focused on protecting your rights and advocating for your case. We know how to fight to win. There is no reason for you to give up this opportunity to keep your license. Call our office today to set up a free consultation with a drunk driving lawyer Newark clients recommend; it’s your future on the line.

Why You Should Hire Someone from Rispoli & Borneo, P.C. as Your Drunk Driving Lawyer

Traveling to and from work, going out with friends or family, or just enjoying a night out is one part of life that everyone should be able to enjoy without having to worry about the consequences that come with drinking and driving. If you or someone you love has been accused of drunk driving in Newark, you deserve an opportunity to defend your case against the charges that have been levied against you.

If you are charged with a DWI offense in Newark, it is imperative that you hire an experienced drunk driving lawyer in Newark. Not only can you face serious penalties if you are convicted, but being convicted can have serious and lasting effects on your life. Not only can a conviction affect your ability to drive, but it also can potentially impact your employment opportunities as well.

At Rispoli & Borneo, P.C., our experienced drunk driving lawyers will look at every aspect of your case in order to put forward an aggressive but effective defense strategy on your behalf. With over 20 years of experience in drunk driving defense, we are confident that we can provide the high-quality legal representation that you deserve for your case.

FAQs about drunk driving in Newark

Do I Need a Drunk Driving Lawyer in Newark?

If you have been arrested for driving drunk, the answer is absolutely yes. A drunk driving attorney can help you keep your license and your job, and avoid jail time or heavy fines. Don’t make the mistake of trying to go it alone to fight your DUI arrest in court. As the saying goes, he who represents himself as a lawyer has a fool for a client. Your drunk driving lawyer is better equipped and more knowledgeable about the nuances of drunk driving law than you are.

When Should I Contact a Drunk Driving Lawyer?

When you are arrested, you should be granted one phone call. Make that call to a loved one to let them know you’re safe, and ask them to call a drunk driving lawyer in Newark. Our phones at Rispoli & Borneo, P.C. are staffed 24/7, so someone is always available to take your call, no matter the time of day or night.

Can You Help Me Keep My License?

There are two ways you can lose your license in a DUI case. The first is an automatic administrative suspension. When you are arrested on suspicion of DUI, your license is immediately suspended in this way. You have a limited number of days to appeal this suspension.

The second way you can lose your license is if you plead to a DUI or are found guilty during a trial. Depending on the severity of your offense, your license could be suspended for a lengthy period of time, or even permanently.

With a trusted drunk driving lawyer in Newark such as Rispoli & Borneo, P.C.by your side, you stand a fighting chance to keep your license in both scenarios.

What Is an Ignition Interlock Device?

An Ignition Interlock Device (IID) is also commonly known as a car interlock, an in-car breathalyzer, or a “blow and go.” It’s an apparatus that prevents your car from starting until and unless you blow into it and it measures your blood alcohol content at lower than New Jersey’s legal limit of 0.08%.

An IID is an option the court may pursue if you are convicted of DUI where only alcohol is involved. It may be possible for you to keep your license if an IID is installed on your vehicle. You must agree to drive only that vehicle for the duration that the IID is in place. Your drunk driving lawyer in Newark may be able to negotiate an IID in place of suspension of your license.

Contact Rispoli & Borneo, P.C. Today

Trying to represent yourself in a DWI case is not recommended. A drunk driving lawyer in Newark will be able to analyze all of the evidence against you and work to achieve the best possible outcome for your case. Everyone knows that an experienced attorney can be the difference between winning and losing a case. If you have been charged with drunk driving, you should hire Rispoli & Borneo, P.C. to represent you.

We understand the depth and breadth of an individual’s rights when charged with a DWI offense. We will aggressively fight to protect these rights from the minute we take on your case until the matter is completely resolved. Regardless of whether we are successful in defending you from a DWI charge, we will assist you in handling any administrative issues that may arise from being charged with a DWI offense.

The drunk driving lawyers in Newark at Rispoli & Borneo are experienced, professional and helpful. They will ensure that you get the best representation possible, and they will work hard to make sure that your rights are protected throughout the process.

They handle all types of cases, and they have experience when it comes to drunk driving cases, no matter what stage of the process you are at.

Trying to figure out how to deal with a DUI (driving under the influence) charge can be overwhelming. We can help you understand your legal options so that you make an informed decision about your case. Our goal is to help you achieve the best possible outcome in your case.

Our team is made up of experienced drunk driving lawyers in Newark and staff who work hard to make sure that you get the best representation available. We handle cases ranging from minor offenses to high-risk offenses, including aggravated vehicular assault and vehicular manslaughter, so we have the knowledge and experience needed to help you win your case. We also offer free initial consultations so that we can learn more about your situation and offer sound advice on how we can help you reach the best possible outcome in your case.