Newark, NJ asked in DUI / DWI for New Jersey

Q: Arrested for DUI

I was at a bar for a couple of hours, enough to get drunk. My car was double parked and when I get out I went to my car to stay warm while I waited for my girl to pick me up, meanwhile someone had called the cops saying I was driving drunk , but when the cops came I was sleeping .. they gave me DUI when my car was just on to stay warm , it was freezing that day and I didn’t have a sweater .. I would like to know if I could get that DUI removed or reduced if I hired a lawyer. The one I have now seems not to care and just wants the money .. I wouldn’t want my license to be taken away for to long or at all.. if they will suspend my license anyways then I wouldn’t waste my time hiring a lawyer .

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3 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: If your car was on, it is considered driving for a DWI so no defense exists for that. However another defense may exist for the machine and the physical tests you were given. If you are unsure of your lawyer you can ask another lawyer for a second opinion, to review your discovery. But a lawyer will charge you for a 2nd Opinion as it is way beyond the scope of a free initial consultation which only discusses the cost of representation.

Leon Matchin
Leon Matchin
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: Sounds like State v. Daly defense. Remember, when you hire an attorney it's not guarantee that you won't get suspended you're just paying for the shot of not getting suspended. If your lawyer doesn't even want to give it that shot then either he doesn't believe you have chance of winning and if you lose it'll be worst for you than if you took a deal or he doesn't know what he or she is doing or the most common reason that he wasn't paid enough money for the time that it would take to take the case to trial.

James A. Abate
James A. Abate
Answered
  • DUI & DWI Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: I recently took a similar case to trial and received a not guilty verdict. The police will claim that while you had not yet operated the vehicle, that you intended to do so. It is a question of fact. I am sorry that you do not have confidence in your attorney. Many people hire a lawyer based on price and never meet them. Always do research, read reviews and see what others have to say good and bad. You are not paying for a result. You are paying for representation.

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