There are several reasons why you need a qualified drunk driving lawyer working hard for your case. Primarily a drunk driving lawyer will know your legal rights in regard to the specific charge against you. Thus, they will be able to help prevent you from self-incriminating yourself or doing any other mistakes that you are likely to make and that may worsen things for you.
Moreover, if the DUI charge is a serious one, which hopefully it is not, a drunk driving lawyer will know how to defend you in court. You need the experience of a good drunk driving lawyer because they understand how to talk to judges, juries and the prosecution. And once again a drunk driving lawyer will know the law far more thoroughly than you will, given his or her years of legal experience.
However there are a couple of very common misconceptions about what a skilled drunk driving lawyer can and cannot do. The most important thing you need to know is that a drunk driving lawyer is a not miracle worker. If you have driven drunk and killed someone there is no way that you are going to get away just with a fine. People often see shows like Law and Order and think that lawyers can get people out of any situation.
The truth is that if you are guilty of killing or seriously injuring someone while driving under the influence you will face jail time. However, even in these cases it makes sense to hire a good drunk driving lawyer because they may be able to get your sentence reduced somewhat, especially if you plead guilty.
A drunk driving lawyer will work best in the case of first time offenders. A drunk driving lawyer can ensure that the fines and/or jail time will be as minimal as possible. The more serious the DUI offense or the more DUI convictions you have the less leeway a drunk driving lawyer will have with your case.
Apart from the penalties recited in the earlier volumes of the New Jersey Drunk Driving (DWI) Defense Series, there are other consequences for an alcohol-related offense, including the following:
1. If you are convicted of a DWI Offense or a Refusal Offense, you will pay a $3,000 insurance surcharge, payable at a rate of $1,000 a year. A third-time offender will pay a $4,500 surcharge, payable at a rate of $1500 a year. Your license will not be restored until this debt is paid and a failure to pay this debt will result in a monetary judgment against you, which can be obtained rather easily by the government.
2. You will receive a more severe or "enhanced" penalty on future motor vehicle violations that are not alcohol-related offenses. Thus, if you are convicted of driving on the revoked list where the underlying cause of revocation was a DWI Offense or Refusal Offense, the penalties will be increased significantly including a 10 to 90-day mandatory jail term.
3. A DWI Offense conviction will increase your costs in purchasing insurance. In fact, it may be a basis for your current insurance carrier to refuse to renew your policy.
4. If you are convicted of a DWI Offense, you are barred from filing a lawsuit against anyone for any injury or loss resulting from an accident relating to your offense.
5. A DWI Offense conviction, or your testimony at a DWI trial, can be used in any civil lawsuit that may follow from your illicit conduct, unless your record is sealed by an order of the court, which is a difficult remedy to obtain. Your guilty plea to a DWI Offense will be compelling evidence of your fault in a civil case.
6. If you are convicted of a DWI Offense and a verdict is returned against you in a civil case later filed against you for the injury you caused, you may not avoid your liability by filing a bankruptcy petition, an opportunity available to others whose negligent conduct caused personal injury or property damage.
7. If you are injured while driving drunk, your automobile insurance company may not be required to pay your medical bills, even if you are fault free. These circumstances are rather select, however.
Both Grojan Fabiola & Frank Luciano are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Frank Luciano has sinced written about articles on various topics from Legal Matters, DWI lawyers and Drunk Driving. Frank T. Luciano, P.C.147 Main Street, Suite 5Lodi, NJ 07644(973) 471-0004ftluciano@aol.com