Newton, NJ asked in DUI / DWI for New Jersey

Q: SWIM got a DUI after NJSP were dispatched for a med check and saw paraphanalia on his lap when asleep in wawa parkin lot

He was never read his rights, he was not given a field sobriety test, no breathalyzer, nor was he impaired at all. The paraphanalia and CDS charges were both dropped by superior court due to the good samaritan law. At the time he was living in his vehicle and was not driving. The attorney he hired is already telling him to plead guilty and take it to appeals court. How could he be convicted of a DUI without any proof other than an empty crack pipe on his lap. I think everyone is aware that crack cocaine is not a drug that puts you to sleep, so how can they accuse him of being under the influence of it? The whole thing is really ridiculous and I feel as though his attorney is just trying to get more money out of him by convincing him he is guilty but he may win on appeals...

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1 Lawyer Answer
Michael A. Smolensky
Michael A. Smolensky
  • DUI & DWI Lawyer
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: More information is required to know the totality of circumstances and to identify any defenses available to this person. A charge of DWI can be defensible, but the defenses turn on the facts of the individual cases. If this friend is unhappy with the legal advice provided by his present attorney, then contacting another attorney for a consultation and retaining a new attorney seem to be actions to take without further delay.

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