Legal Question in DUI Law in New Jersey
Request for an attorney
Someone I know (an 18 year old male) was pulled over for a minor traffic violation, given a breathalizer that came up negative for alcohol, but was arrested for suspicion of smoking marijuana even though a search of the car rendered no such evidence. When questioned he requested a lawyer present, but his request was denied, the questioning continued and the arresting officer administered a urine test. Can the charges be dropped because his civil rights were violated?
4 Answers from Attorneys
Re: Request for an attorney
This is NOT my area of expertise, but it sure sounds like the young man asserted his rights and the police ignored him.
If there are pending criminal charges, I would be happy to recommend three top-notch criminal attorneys who would be very capable in defending your friend, and your friend could talk to and select one of them.
If you would like, give me a call; I am in northern New Jersey. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Request for an attorney
If the stopping of the vehicle or the request for a urine sample were without a reasonable basis the evidence gathered as a consequence of same can be suppressed resulting with the dismissal of charges based on the subject evidence.
You might give me a call.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Request for an attorney
It would depend on numerous factors, including what the cops say happened. If this wasn't recorded, its his word against the cops and guess who wins there? Furthermore, who will be doing all of this, him or an attorney? I don't see him having much luck on his own, but stranger things have happened. With an attorney, he may have a much better chance. He may have a great case or not, I would have to sit down with him and go through exactly what happened. My consultations are always free, so he can call me at 732/247/3340 and we'll discuss the situation.
Good luck!
Re: Request for an attorney
Based on what you write, this is not a civil rights case. However, from a criminal law perspective, I think that there is a good chance that the evidence can be suppressed and the case dismissed if the proper legal motions are filed correctly by an experienced criminal attorney.I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about their case.
Sincerely yours, Ronald Aronds, Esq.
www.njworkerscompensationlaw.com