{"id":5042,"date":"2025-05-21T17:04:32","date_gmt":"2025-05-21T17:04:32","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5042"},"modified":"2025-06-06T01:02:42","modified_gmt":"2025-06-06T01:02:42","slug":"common-misconceptions-about-a-dui-charge","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/common-misconceptions-about-a-dui-charge\/","title":{"rendered":"Conceptos err\u00f3neos comunes sobre un cargo por DUI"},"content":{"rendered":"
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Entrevistador: <\/strong>What kind of misconceptions do people have about the DUI process<\/a> when they first come to see you or talk to you?<\/p>\n\n\n\n

DUI Is A Defensible Charge<\/h2>\n\n\n\n

James Abate<\/a>: <\/strong>The most common misperception is that they think that \u201cI\u2019ve been arrested for DUI. I have no chance,\u201d and that\u2019s not the case. There are literally hundreds of defenses that can be pursued. We first look at how the individual was stopped by the police. What\u2019s their probable cause for the stop? Did the officer have probable cause to get them out of the car? Did the officer do the field sobriety test correctly?<\/p>\n\n\n\n

A Number Of Protocols Have To Be Observed By The Police During A DUI Investigation<\/h2>\n\n\n\n

We work with some of the best experts in DUI in the country. From working with experts who also are training in seminars all across the country I could probably give those field sobriety tests as well if not better than most of the officers that are processing people. Oftentimes, the field sobriety tests are done poorly. Then there are a number of scientific defenses. When you get to the police station, they need to give you at a minimum of a 30-minute observation.<\/p>\n\n\n\n

Sometimes, we are able to get video from the police scene, which we can then evaluate ourselves and with our experts. We examine what transpired in the Alcotest room. When we find out that someone has not been observed properly, we can often get them exonerated. Then on top of that, there are scientific factors, such as the two-minute lock-out on the machine that needs to be adhered to.<\/p>\n\n\n\n

There are calibration standards and solution changes that have to be performed properly. There are literally hundreds of factors that we look at to determine if somebody is going to be prosecuted on this or not.<\/p>\n\n\n\n

While It Is Common To Experience A Sense Of Hopelessness After A DUI Arrest, The Right Attorney Can Discover A Number Of Factors That Could Lead To A Dismissal Of The Charges<\/h2>\n\n\n\n

Entrevistador: <\/strong>So people are not in fact doomed no matter how dire their circumstance seems to be, is that right?<\/p>\n\n\n\n

James Abate: <\/strong>No, they are absolutely not doomed. It is against the law for the prosecutor to plea bargain a DUI or drug case, but when we present to them a set of facts that shows that someone wasn\u2019t actually intoxicated, we can get these cases dismissed.<\/p>\n\n\n\n

In New Jersey, Prosecutors Are Not Allowed To Offer A Plea Bargain For A DUI Charge<\/h2>\n\n\n\n

Entrevistador: <\/strong>Why is the prosecutor not allowed to plea bargain?<\/p>\n\n\n\n

In DUI and Drug Cases In New Jersey, The Prosecutor Can Only Downgrade The Charge If There Was A Legal Defect<\/h2>\n\n\n\n

James Abate: <\/strong>Many times a plea bargain will be affected based on the relationship between the attorneys, based on the unique set of facts, based on the officer\u2019s desire to help a defendant. In DUI and drug cases in New Jersey, that goes out the window. In DUI and drug cases in New Jersey, the prosecutor can only dismiss or downgrade an offense if he is willing to certify that there was a legal defect in the case.<\/p>\n\n\n\n

The Administrative Office of the courts looks over these. If a judge or prosecutor dismisses a case where there was not a solid legal foundation to get rid of the case, then they are going to hear about it, and they could actually be convicted of a crime.<\/p>\n\n\n\n

Entrevistador: <\/strong>That makes your job a lot harder.<\/p>\n\n\n\n

James Abate: <\/strong>Oh, it\u2019s incredibly difficult. If somebody thinks that they can walk into court, defend themselves, then they\u2019re going to be really surprised at how serious these cases are taken.<\/p>\n\n\n\n

Self-Representation Is Not A Viable Option To Defend A DUI Charge<\/h2>\n\n\n\n

Entrevistador: <\/strong>That would be a major misconception, that you don\u2019t need a lawyer. You could just do it yourself.<\/p>\n\n\n\n

James Abate: <\/strong>If you don\u2019t have a lawyer in one of these cases, you are going to be facing the most serious consequence. On a first offense, the penalty can be either three months or a year suspension. On a second offense, it\u2019s going to be a two-year suspension. On a third offense, it\u2019s 10 years and mandatory jail time.<\/p>\n\n\n\n

One of the other things that people don\u2019t realize is that in New Jersey it has been up till now a thing that people do to drive on a suspended license. If you get caught driving on the DUI revoked list, then you\u2019re going to do mandatory jail time.<\/p>\n\n\n\n

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Estudio de caso<\/p>\n\n\n\n

Desestimaci\u00f3n de DWI por concentraci\u00f3n de alcohol en sangre (BAC)<\/h2>\n\n\n\n

Los abogados defensores de DWI en Aiello, Harris, Abate, Law Group PC comparecieron recientemente ante el Tribunal Municipal de Chatham Township. El acusado fue acusado de DWI (conducir ebrio) en violaci\u00f3n de N.J.S.A. 39:4-50, conducci\u00f3n imprudente en violaci\u00f3n de N.J.S.A. 39:4-96, no mantenerse en su carril en violaci\u00f3n de N.J.S.A. 39:4-88a, posesi\u00f3n de un recipiente de alcohol abierto en violaci\u00f3n de N.J.S.A. 39:4-51B, y mantenimiento de luces en violaci\u00f3n de N.J.S.A. 39:3-66.<\/p>\n\n\n\n

\nLeer caso de estudio<\/a>\n\n\n\nVer todos los estudios de casos de DWI \/ DUI<\/a>\n<\/div>\n<\/div>\n\n\n<\/div>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

Can You Expect to Receive Mercy From The Court If You Plead Guilty To A DUI Charge?<\/h2>\n\n\n\n

Entrevistador: <\/strong>What about people that say, \u201cWhat if I just throw myself to the mercy of the court and plead guilty? Maybe I\u2019ll get a less severe punishment.\u201d Does that happen?<\/p>\n\n\n\n

James Abate: <\/strong>No. There is no lesser degree of punishment. You have two choices in New Jersey when you\u2019ve been arrested for DUI. You could fight or give up. That\u2019s why when you hire a lawyer to defend you in a DUI case, some people walk in thinking they\u2019re guaranteeing a result. It\u2019s not.<\/p>\n\n\n\n

You\u2019re hiring someone who you trust to fight for you. If you find a lawyer who says, \u201cI\u2019m going to do this\u201d or \u201cI\u2019m going to get you this result,\u201d find another attorney.<\/p>\n\n\n\n

At the end of the day, it\u2019s like I said before, people want to feel that their side was heard. The first time that comes into play is when you deal with your lawyer and you find someone whom you have a relationship with. You know they\u2019re actually listening to what you\u2019re saying and that they are going to understand your side of the story. But you also want them to talk to the court and to the prosecutor and convey what you\u2019ve told them as defenses.<\/p>\n\n\n\n

Someone may come into court and throw themselves to the mercy of the court, and what they\u2019re actually saying as a defense, \u201cListen, I took a few Ambien and I didn\u2019t even know I was behind the wheel of a car\u201d or \u201cI was on a low carb diet. That\u2019s what I think did this\u201d or \u201cI have diabetes.\u201d<\/p>\n\n\n\n

These are all things that are legal defenses, and if they knew how to phrase what they\u2019re saying as a defense, they might actually get off of that case.<\/p>\n\n\n\n

Because Of The Severity Of The Penalties Even For A First-Offense DUI, It Is Advisable To Strenuously Defend The Charge<\/h2>\n\n\n\n

Entrevistador: <\/strong>How about people that think, \u201cOh, you know, it\u2019s no big deal. It\u2019s just a first offense. I\u2019ll just get it over with and move on with my life.\u201d Is that accurate or is that a serious mistake?<\/p>\n\n\n\n

James Abate: <\/strong>I think it\u2019s a serious mistake because first of all, you\u2019re going to be losing your license for a significant period of time. In New Jersey, you\u2019re suspended for somewhere in the range of seven months to a year. That is the equivalent of a jail sentence because you cannot get anywhere in New Jersey if you cannot drive.<\/p>\n\n\n\n

You\u2019re going to have that on your driving record forever. You\u2019re going to pay at least $5,000 in fines, surcharges and different penalties. You\u2019re going to face two days in the Intoxicated Driver Resource Center. Plus, if you are assigned the wrong counselor and he says, \u201cI think you have a drinking problem.\u201d<\/p>\n\n\n\n

Suddenly, while the judge only gave you a seven-month suspension, he starts giving you requirements to satisfy, and if you don\u2019t satisfy them, you don\u2019t get your license back till IDRC<\/a> says you get it. So, really, it\u2019s a minimum suspension. You don\u2019t get your license back until the Motor Vehicle Commission thinks that you\u2019ve done everything you need to do.<\/p>\n\n\n\n

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Consejos \u00fatiles y problemas relacionados con DWI \/ DUI<\/h3>\n\n\n\n