Case Study:

Background

A client was pulled over in New Jersey after driving without headlights and was subsequently charged with Driving Under the Influence (DUI). Upon stopping, the client admitted to drinking earlier in the evening and underwent field sobriety and breathalyzer tests. The breathalyzer reading was 0.11, above the legal limit of 0.08.

In addition to the DUI charge, the client was issued multiple traffic tickets, including:

• 39:3-47C (Headlights Violation) – $54 fine
• 39:4-97 (Careless Driving) – $200 fine, 2 points
• 39:4-56 (Delayed Traffic Flow) – $50 fine
• 39:4-96 (Reckless Driving) – $200 fine, 5 points
• 39:4-50 (DUI) – $725 fine

The client was concerned about the cumulative impact of these violations, including license points, insurance increases, and hefty fines.

Legal Strategy

Our legal team pursued a strategy to minimize penalties and eliminate the additional traffic violations, focusing on:

1. Negotiating a DUI plea to dismiss all secondary traffic violations. By leveraging plea discussions, we aimed to consolidate the charges and prevent the client from accumulating points on their driving record.
2. Challenging the reliability of the breathalyzer test. The first test malfunctioned, requiring the client to be transported to a different station for testing, which raised procedural concerns.
3. Highlighting the client’s cooperation. The client complied with officers and did not resist testing, making them a favorable candidate for leniency in negotiations.
4. Leveraging New Jersey’s 2024 DUI law changes. Recent legislative updates allowed for more flexibility in plea deals for DUI cases.

Case Outcome

Through strategic negotiations, we successfully secured a DUI plea with minimum penalties while getting all additional tickets dismissed. The client avoided:

• 7 total points on their license
• Over $500 in additional fines
• Increased insurance premiums from multiple moving violations

While the client accepted the DUI charge, this resolution protected their driving record from unnecessary penalties and long-term consequences.

Key Takeaways

• A DUI charge doesn’t have to come with additional traffic violations. Skilled legal representation can often negotiate the dismissal of secondary tickets.
• New Jersey’s evolving DUI laws provide opportunities for reduced penalties. A strong defense can help mitigate long-term consequences.
• Even with a BAC over the legal limit, plea negotiations can minimize financial and legal damage.

This case exemplifies how experienced DUI attorneys can significantly reduce penalties and protect clients’ driving records.