Case Study:

Background

A client was charged with Driving Under the Influence (DUI) in New Jersey after pulling over on the side of the road while driving to work. The police found the client in their vehicle with the ignition on and subsequently charged them with DUI and reckless driving. The client had a BAC of 0.30, which is considered an aggravated DUI offense under New Jersey law.

Given the severity of the charge, the client was deeply concerned about the impact on their career, as their job required a clean driving record and the ability to operate a vehicle. Avoiding jail time and minimizing penalties were the primary objectives of the defense.

Legal Strategy

Our legal team developed a strategy to mitigate the penalties by emphasizing key factors that could work in the client’s favor:

1. Voluntary Decision to Stop Driving – The client recognized they should not continue driving and proactively pulled over to rest, rather than continuing to operate the vehicle while intoxicated.
2. First-Time Offense – Although the BAC was high, this was the client’s first DUI, which allowed for more leniency under New Jersey law.
3. Employment Considerations – The client was a public servant with a strong history of community service, which could be used to negotiate a more favorable outcome.
4. Negotiation with Prosecutors – Given the aggravating factor of the high BAC, the goal was to avoid jail time and secure the minimum penalties allowed under the law.

Case Outcome

Despite the high BAC, our attorneys successfully negotiated a plea to a first-offense DUI with only minimum penalties:

• No jail time
• Limited license suspension
• Minimal fines
• Completion of a DUI education program

By securing this outcome, the client was able to maintain their job and avoid the harsher consequences that typically accompany an aggravated DUI charge.

Key Takeaways

• Stopping on the roadside instead of continuing to drive can make a significant difference in DUI cases. Voluntarily pulling over showed responsibility and helped mitigate penalties.
• Even with a high BAC, an experienced DUI attorney can often negotiate a reduced sentence. Legal representation is crucial in avoiding excessive fines, jail time, and long-term consequences.
• Employment impact matters in plea negotiations. The client’s career and history of public service played a role in securing a more lenient resolution.

This case underscores the importance of skilled legal advocacy in DUI cases, particularly when dealing with high BAC levels and potential career implications.