“Life saver”
“The best decision”
“Professional legal service at its best”
“The right man for the job!!!”
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“Outstanding attorney, astounding results”
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“Tremendous knowledge and expertise. Reviews tell everything, no brainer. The Best, Michael Wins in Court!!”
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“Best call I made”
“A license saver”

Defending a DUI Charge in New Jersey-Searches and Warnings

2. Defending a DUI Charge in New Jersey

If you have been arrested and charged with drunk driving in New Jersey, and the blood alcohol tests confirm that you exceeded the legal level when pulled over, you may still be able to successfully defend the charges. Police are required to follow a very specific set of procedures when stopping you, and often make mistakes that can warrant the dismissal of the case against you. One of the most common involves failing to meet Constitutional requirements.

Under the 4th Amendment to the U.S. Constitution, all citizens have the right to be free from unreasonable search and seizure. To be reasonable, there must be what is known as the probable cause the officer making the traffic stop must either observe a traffic violation or have reasonable cause to believe that you are violating or have violated the law. In addition, if you are taken into custody, you must be advised of your “Miranda” warnings – that you have the right to remain silent, that you have the right to an attorney, that you have the right to have an attorney appointed for you if cannot afford one. If the police don’t put you on notice of your Miranda warnings, anything you subsequently say may be excluded from evidence at trial.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

What to Do When You Have Been Pulled Over by Police—Part Four—What to Say to the Officer

police-officer

When you’ve been pulled over by a police officer while driving, you can understandably be nervous. What you say to the officer and how you say it, though, can have a significant impact on the outcome of the traffic stop. Here are some guidelines.

Let the Officer Do Most of the Talking

In many ways, responding to a police officer during a traffic stop is like being cross-examined at trial—you want to answer with the shortest phrases possible without being rude or discourteous. The officer will listen carefully to everything you say. Unfortunately, the more you say, the more chances you’ll say something that either offends the officer or suggests that you were doing something you shouldn’t have been doing. You have the right to remain silent—don’t say anything unless you need to.

Don’t Try to Argue Your Way Out of the Ticket

Be responsive, but honest, with the officer. If the officer alleges that you were speeding and asks where you were going, tell him or her in as few words as possible. If there were extenuating circumstances—you were headed to the hospital or urgent care—be truthful, but don’t elaborate. Let the facts speak for themselves. If you try to argue your way out of the ticket or downplay what you were doing, you may appear insincere or unconcerned about violating the law.

Take a Few Deep Breaths before the Officer Comes Up to Your Car

This will help you relax, and if you are relaxed, chances are the officer will be relaxed, too. Remember, chances are that the officer is nervous, too. For many police officers, there’s no such thing as a routine traffic stop—too many officers have been seriously injured or killed in what others might call routine traffic stops.

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

What to Do When You Have Been Pulled Over by Police—Part Two—Your Initial Exchange with the Officer

traffice

You’re on the road and see flashers in your rearview mirror. You safely and promptly pull over to the side of the road. The next few moments will likely be critical, determining whether you’ll drive away with a warning, or with something worse. Here are some tips to help you through this stressful and intimidating situation.

  • Turn off your vehicle immediately—This signals the officer that you are not likely to provide resistance or to try to flee.
  • Turn on the interior light, if it’s after dark—Turning on your light indicates you have nothing to hide, and it can ease any anxiety the officer has.
  • Stay in your car!—This is perhaps the most important advice. If you try to get out of your car (without the officer’s request to do so), it can be perceived as an aggressive act.
  • Engage in acts of courtesy—Roll down the window before the officer gets to your car, put out your cigarette (if you were smoking), discard any gum and turn off the stereo.
  • Wait for the officer to ask questions or instruct you to do something—Don’t try to fish your registration out of the glove box or pull your wallet out of your pocket until the officer asks you to do so. The officer may be as nervous as you are—many officers have been seriously injured and killed in traffic stops—so don’t do anything that may be wrongly perceived as an aggressive act.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

What to Do When You Have Been Pulled Over by Police—Part One

speed-limit

You’re driving down the road…maybe you were going a few miles over the speed limit—when suddenly you notice flashing lights in your rearview mirror. Whether you’ve never had a ticket before or you’ve had multiple DUIs, you’ll probably feel that moment of panic. But you need to pull it together and pay attention to what you say and do, as the initial moments after a traffic stop can make all the difference between a warning and something more serious.

Pull Over Quickly, But Safely

There’s a common misperception that, if you immediately pull over, you’re admitting your guilt—not true!! In fact, it’s more likely a sign that you were actually paying attention to the road. But don’t make things worse by coming to a screaming halt or putting others at risk. Ensure that you have an opening to get off the road. Furthermore, if you are on a narrow or extremely busy road, look for an exit or a parking lot you can pull into. The officer will likely be more flexible if it appears that you were concerned for his or her safety.

Also, make certain you obey all traffic laws as you pull over. Use your turn signal if you are going to change lanes, turn corners or just to pull over to the shoulder. If you pull onto the shoulder of the road, get as far to the right as you safely can, so that the officer can come to and stand at your vehicle without being in the road.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Can You Beat a Speeding Ticket in New Jersey?

Speeding Ticket

It can happen to anyone. Maybe you’re lost in a new city, or you’re on the highway and you get distracted, whether by the scenery, another driver or something going on in your car. All of a sudden, you notice the flashers in your rearview mirror. You’ve been pulled over for speeding. Is all lost? Can you beat the ticket? Here are some tips to increase your chances of not having something on your permanent record.

    • Be extremely courteous and cooperative with the police officer—If you get the least bit combative, not only will the officer be less willing to let you off with a warning, but will be more likely to show up in court, should you decide to challenge the ticket. Take the opportunity to explain any extenuating circumstances—maybe it’s not your car that you are driving. If you typically drive an old beater and you’re using your parents’ Mercedes or a rental car, it might help the officer understand that this is not your typical M.O.
    • Write the officer a letter—If you don’t have the courage or fail to give the officer any explanation when you are ticketed, write him or her a letter, providing a full explanation. The officer may opt to drop the matter before you go to court.
    • Talk to the prosecutor before you go to court—You may be able to negotiate a plea where you pay a fine, but don’t accumulate any points on your record.
      Get your ducks in a row—Come to court with solid evidence to support your claim. Maybe the speed limit signs were hidden behind bushes or trees…bring pictures. If you have witnesses, bring them, too, even if they were in the car with you.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

 

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

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