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