Legal Representation and NJSA 39:4-50, Driving While Intoxicated and Driving Under the Influence
If you have been arrested for a DWI, DUI, or refusal in Newark NJ, you will want the best possible legal representation from a local law firm that regularly appears in the Newark Municipal Court. As you use the internet as a resource to gather information on the penalties you face, I am sure that a sense of panic may set in as you come to realize potential consequences of this driving while intoxicated arrest. So much may be on the line, including your job and your finances. This is because you need a license to live in New Jersey. It is not like living in the city. In New Jersey, almost everyone needs their license to get to work, get to the supermarket, drive their children to school etc. So when it comes time to pick your attorney, consider this.
Todd Palumbo is one of a select few lawyers in the State of New Jersey, and even fewer practicing in Newark NJ, who has obtained specialized training and certification in both the administration of the Alcotest (machine that replaced the Breathalyzer) and the administration of the Standardized Field Sobriety Tests. This is training that many police officers have not received. In fact, in each police department, there are typically only a few officers who are qualified to operate the Alcotest instrument. Todd Palumbo understands the science that makes the machine allegedly work, and more importantly, he understands the proper procedure in the administration of the test. This includes understanding the hundreds of potential instrument certification documents that are provided during the discovery process and the case law that governs the discovery process.
Additionally, the Standardized Field Sobriety Tests, such as the walk and turn, the one leg stand, and the HGN or Horizontal Gaze Nystagmus are the key investigative tools employed by the police when determining when probable cause exist to effectuate an arrest based on suspected DWI. The proper administration of these scientific tests is a key component in the State’s case against any DWI or DUI suspect. Failing to administer the test properly could be fatal to the State’s case. Nonetheless, only a select few lawyer have received the specialized training to properly cross-examine the police officer on the administration of these tests. Todd Palumbo knows these test forwards and backwards and easily picks out mistakes during a DWI trial.
Also, you must remember, there is a plea bargaining prohibition on DWI and DUI offenses in New Jersey. This means that the Prosecutor is prohibited from downgrading or plea bargaining a DWI offense for any reason other than those that honestly bring into question his ability to prove the case. What does this mean? It means that your attorney will have to raise legitimate legal issues, such as proper administration of the SFST, the Alcotest, the proper working condition and certification of the machine, the training of the officer, the content of the digital data downloads, and the probable cause for the arrest.
Just as important is hiring a lawyer to represent you for your DWI charge that has name recognition in the Newark Municipal Court and has a reputation as a tough knowledgeable adversary in DWI and DUI litigation.