Legal Question in DUI Law in New Jersey

I got a DWI recently. It will be my 2nd in about 3 yrs. From my vague memory, I know my cell phone was on the desk in the room where we were doing paper work and where I had to do my breathalyzer tests and according to a friend of mine whose a cop law dictates that all cell phones MUST be turned off otherwise it may interfere with the machine. Does a cell phone being on really matter that much? I also can not specifically remember when exactly my phone was in the room before or after the test but I remember hearing it going off (vibrating) with messages I was getting. How does someone prove this? ALSO, can a judge deny me a public defender based off my parents income?


Asked on 1/11/10, 8:47 pm

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

A cell phone is a radio. Radios are supposed to be removed from the test area.

If you can hire an attorney who knows how to TRY a dui, instead of pleading you out, you will be better off. As for telling you how to try a dui case, you will have to "show me the money."

Call me if you like

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Answered on 1/17/10, 5:05 am
Michael Berman Law Offices of Michael A. Berman

You'll need a lawyer with some trial experience. I would think you would want your own lawyer rather than the public defender because the stakes are VERY high here....do you understand the penalties you are facing????

Mike

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Answered on 1/17/10, 9:03 am
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

This certainly nota cut and dried case

You need a seasoned trial attorney

215 732 4000 is my number if you wish to chat

Good luck---

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Answered on 1/17/10, 9:24 am
Ronald Aronds Law Office of Ronald Aronds, LLC

I would have to review all the evidence before I can give you an answer to your question. Regarding the public defender issue, if you are dependent upon your parents, then their income can be used to determine whether you can get a public defender assigned to you.

Sincerely yours, -Ronald Aronds,Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/18/10, 9:50 am


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