(732) 582-5076Tireless Advocates Fighting to Protect the Rights and Freedoms of Our Clients
Driving while intoxicated (DWI) is a traffic offense in the state of New Jersey. This means it is not technically a criminal offense, although it can still lead to serious penalties. DWI offenders can lose their driving privileges and may have to spend time behind bars if convicted. Repeat impaired driving offenses can result in enhanced penalties, so those convicted may spend more time behind bars and lose their driving privileges for a longer period of time. Fortunately, such outcomes are not unavoidable. A Manahawkin, NJ DWI attorney may be able to help.
At The Hernandez Law Firm, we serve as tireless advocates for those facing criminal charges in Ocean County. There are plenty of DWI lawyers in Stafford Township to choose from, but if you’re looking for dedicated legal representation who will not accept an unfair outcome on your behalf, we’re the law firm to call. You do not want to go up against the municipal prosecutor alone or with an uncommitted attorney. We’re so dedicated to ensuring our fellow community members understand their rights that we offer a free consultation to all prospective clients.
Put simply, you don’t have to go through this alone. If you are accused of DWI, you will need an attorney regardless of whether this is your first, second, or third offense. Get in touch with Steven Hernandez at The Hernandez Law Firm to discuss your legal options following an arrest.
Experienced Attorney Serving Defendants Facing DWI Charges and Other Allegations
There is a wide range of vehicular crimes that are prosecuted in New Jersey. Eluding is a vehicular crime that involves fleeing from a police officer who is attempting to pull you over. This offense is aggressively prosecuted, but it’s not as serious as other related crimes such as vehicular homicide and assault by auto. These two offenses involve bodily injury or death caused by reckless driving, so the penalties are far more severe. While proving recklessness in court is often a tall order for the government, a high blood alcohol content (BAC) may be all they need in DWI cases.
Even though some vehicular crimes are more serious than others, none of them should be taken lightly. This is particularly true if you’re also accused of DUI/DWI. A driver’s license suspension could be the least of your worries in these situations, so don’t hesitate to reach out for legal help. While a Stafford Township or Ocean County prosecutor will try to convince you that a conviction is unavoidable, the reality is that their case against you may not be as convincing as they claim. This is why you need the strongest defense team possible on your side.
At The Hernandez Law Firm, we understand that the penalties of a conviction could negatively impact you and your family for years. Don’t take this chance — let attorney Steven Hernandez help you fight the charges.
Stafford Township Disorderly Persons Offense Lawyer Fighting For Your Freedom
Most states classify crimes as either felonies or misdemeanors, but New Jersey does not. In New Jersey, serious offenses are called indictable crimes — and lesser offenses are classified as disorderly persons offenses. Disorderly persons offenses may not be as serious as indictable crimes, but they still carry significant consequences. In fact, defendants who are found guilty of a disorderly persons offense could face time behind bars. However, it’s important to understand that most individuals facing a DWI charge in New Jersey will not fall into either of these categories.
As any DWI lawyer in Manahawkin, NJ can explain, impaired driving is considered a traffic offense in our state. However, it’s certainly viewed as more serious than run-of-the-mill traffic tickets. In fact, the potential consequences are sometimes worse than those you might face for disorderly persons crimes. And if there are aggravating circumstances, the charges against you could include indictable crimes. If this all sounds a bit confusing, that’s because it is. New Jersey has a unique system set up — particularly when it comes to DUI/DWI charges.
Fortunately, it is possible to fight these charges and avoid the potential penalties. At The Hernandez Law Firm, our primary goal is to successfully defend every client who hires us. In some instances, this might mean having charges reduced from indictable crimes down to traffic offenses. In other situations, it may mean fighting the government in open court to secure a fair outcome on your behalf. Whether this is your first offense or your tenth, we will review your case during a free consultation and help you understand all your options.
Experienced Criminal Defense Attorney, Committed to Helping the Accused Avoid Conviction
People who are arrested in Manahawkin, New Jersey are not always convicted of the crimes they are accused of committing. However, this does not mean you should take an arrest lightly. You only have one chance to fight for your freedom, and you shouldn’t do it alone. Steven Hernandez is an experienced criminal defense attorney who works tirelessly to provide each client with the strongest defense possible. He will guide you through the legal process, protecting your rights and helping you make decisions that are in your best interests.
You may be in a situation where you believe the evidence against you is overwhelming. In fact, you may even believe that you’re guilty of a criminal offense. However, you should not let these beliefs dictate your next move. Even if the prosecutor claims that a conviction is unavoidable, the simple reality is that these claims are rarely completely true. Even the simplest of mistakes by the government — whether it’s police, prosecutors, or anyone else in the system — can result in seemingly “open and shut” cases being thrown out.
Then again, maybe you agree with the breathalyzer and field sobriety testing. Perhaps you know you shouldn’t have been driving. However, this doesn’t necessarily mean you should be convicted. Former prosecutors can tell you that it’s the government’s job to prove their case beyond a reasonable doubt. If they’re unable to do so, then the system only works if the accused is acquitted. At The Hernandez Law Firm, we are staunch advocates for justice — and this means our team will use its experience, knowledge, and resources to help you avoid a conviction.
How Can You Fight DWI Charges in Ocean County?
Whether you’re arrested alongside Garden State Parkway or just moments away from your residential home, there are important steps that you need to take. This is particularly critical if you’re hoping to avoid conviction for criminal charges. First and foremost, exercise your right to remain silent. Do not tell police anything other than what you’re legally required to — such as your identifying information. You don’t have to tell them about where you’ve been, whether you’ve been drinking, or anything else that may incriminate you. After your arrest, your next step is to call a Manahawkin, NJ DWI lawyer.
Some people worry that they’ve already made a mistake by talking to the police. While this doesn’t help your case, it also doesn’t necessarily mean you have no options. There are various legal defenses to charges of impaired driving in New Jersey:
- Malfunctioning or improperly calibrated machinery
- Officers untrained to conduct field sobriety tests
- Conditions unconducive to sobriety testing (e.g., uneven payment, rainy weather)
- Medical conditions that affect blood alcohol content
- Violation of Miranda Rights
- Lack of probable cause
- Lack of evidence
- Alcohol absorption rate arguments
- Rising blood alcohol content
- Improper arrest procedures
- Illegal or improper traffic stop or checkpoint
- Failure to observe the defendant prior to the breathalyzer
At The Hernandez Law Firm, you’ll understand that you have a committed legal advocate on your side from the moment you walk into our law offices. We’re ready to stand by you in front of a municipal court judge, but we’ll first start by dealing directly with the prosecutor. If there’s any weakness in their case, we’ll exploit it and work to have your charges dismissed. If this isn’t possible, we’ll help you understand all your options and how to secure the most favorable outcome given your situation. With a Stafford DWI attorney on your side, you don’t have to face the unknown alone.
Contact a Manahawkin, NJ DWI Attorney Today
Are you being accused of committing DWI, disorderly person offenses, assault by auto, or other crimes? If so, the hurdles ahead of you may seem daunting. Even if the prosecutor claims that your DWI case is straightforward and that conviction is imminent, the reality is often more nuanced than this. DUI/DWI lawyers in New Jersey work within a complex system, but even with all the intricate rules, the same basics of the criminal justice system apply. If government attorneys cannot prove their case, then a conviction should not be handed down.
At The Hernandez Law Firm, we assist clients with traffic violations, DWI charges, and far more serious matters on a daily basis. It honestly hurts our hearts to see defendants take on the system alone, settle for public defenders, or hire attorneys who are more focused on moving on to the next case than providing a proper defense. This is why we promise to provide an aggressive defense, and we offer free consultations and handle most cases on a flat-fee basis. If you need a Manahawkin DUI lawyer who is committed to securing the best possible outcome in your case, you only need to make one call.
Contact us at (732) 582-5076 to schedule your free consultation.