New Jersey DWI Defense Attorney Todd Palumbo
The Law Office of Todd Palumbo specializes in DWI defense. Our lead attorney, Todd Palumbo is certified in both the operation of the Alcotest breath testing device and in the administration of the Field Sobriety test (FST). He is one of a select few DWI defense lawyers in the State that has obtained these certifications. The training that he has received is essentially identical to that of the police officers and state troopers who receive the training. Yet, many law enforcement personnel making DWI arrest have not received this type of extensive instruction. Additionally, the course instructors who trained Todd Palumbo are considered to be among the top DWI defense experts in the country. As a result, Mr. Palumbo is able to immediately identify many issues that could lead to a not guilty verdict, a dismissal of the charges, or a dramatic reduction in the penalties you may face.
Attorney Todd Palumbo gives each DWI client the personal attention that they deserve, recognizing that a potential loss of your driving privileges is a life altering proposition. If you have been arrested and charged with DWI, DUI or Refusal, Todd Palumbo is available 24 hrs for a free consultation. Please call 908-451-2667.
Todd Palumbo appears regularly on DWI defense matters throughout the entire State and is a proven DWI trial lawyer.
Understanding New Jersey DWI Law
The offense of driving while intoxicated is governed by N.J.S.A. 39:4-50. DWI is a punishable under the traffic code. In most circumstances, DWI is not a criminal offense. However, given the severity of potential penalties, DWI is frequently referred to as a quasi-criminal offense. The offense of DWI consist of several different elements. Elements of an offense are those things that the State must prove beyond a reasonable doubt in order to obtain a conviction. The elements of a DWI offense are as follows:
- Was the traffic stop valid?
- Did the accused “operate” the vehicle?
- Can the state establish that the accused was intoxicated at the time they operated the vehicle?
- Were the instruments and techniques used to determine intoxication working properly and administered correctly? This includes the operation of the Alcotest and the administration of the field sobriety test.
An experienced DWI defense lawyer will hold the State to these proofs and demand the prosecutor prove your guilt beyond a reasonable doubt.
It is important to understand that the State may prove its case by one of two ways:
- If there is probable cause for the arrest, and your blood alcohol concentration (BAC) readings are admissible, you may be guilty of the per se DWI offense. However, a top DWI lawyer will understand what defenses are available to rebut the admissibility of the readings.
- If there is probable cause for the arrest, and the BAC readings are suppressed or there is no reading, the State my seek to prove its case through the observations of the officer. The prosecutor will have the arresting officer or trooper testify to all that he observed, including the Standardized Field Sobriety Test. Given the totality of the circumstances, a judge could find a defendant guilty on this basis, if the elements are proved beyond a reasonable doubt. But my training in the Standardized Field Sobriety Testing is a real asset during cross-examination.
In many instances, our DWI lawyer, Todd Palumbo, will be challenging the probable cause for the arrest. If the court finds that there was no PC, then your charges will be dismissed. This can be accomplished, for example, by showing that there was not a reasonable basis to pull the suspect over in the first place.enalties For New Jersey DWI Convictions
The penalties for a DWI conviction vary and can include loss of license, potential jail time, fines, community service, insurance surcharges and a permanent record of the conviction on your driver’s abstract. The penalties are enhanced with each subsequent conviction. Depending on the facts of your case and past history you may be facing penalties for:
- First Offense Driving While Intoxicated
- Second Offense DWI
- Third or subsequent DWI
- Refusal to provide a breath sample or blood specimen
- Underage or Kiddy DWI
Additionally, out-of-state residents may face severe penalties in New Jersey and in their home State for a NJ DWI conviction. Out of State offenders should enlist the services of a DWI lawyer who understands the interstate driver compact and how a DWI conviction in Essex County or other NJ municipality will affect your out-of-state driving privileges.
If you have been arrested for DWI in Essex County, contact The Law Office of Todd Palumbo. Todd Palumbo has the experience necessary to ensure that your DWI case will be zealously defended by a knowledgeable and trustworthy lawyer.