Tuesday, February 10th, 2009
1. Don’t Panic
Getting busted for DWI is not the end of the world. More and more people are getting arrested for this offense each and every year. Believe it or not many of my clients have told me that their DWI case was a turning point in their life. They have advised me that they really “shaped up” after their case was over. Try to turn a negative DWI case into a positive aspect of your life.
2. Know Your Case
Don’t expect your lawyer to be a wizard and a mind reader. You have lived your DWI cases, and you know the facts better than the judge or your lawyer. In many cases, the police officer(s) makes many mistakes. The key factor in most DWI cases is how well the police “paper” your case. The better the police “paper” your case, then the greater the chance that you will lose your case.
However, know the discrepancies in your case inside and out. All defendants must carefully scrutinize the discovery that their lawyer sends them. Point out the errors in the paperwork to your lawyer. The more you help your lawyer then the better results you will obtain in your case.
3. Save Your Money
In all probability, you are not going to beat all of the charges filed against you. On D-day, don’t go to court with $20 in your pocket. Be prepared to pay some fines. The fines for DWI cases and for related companion traffic tickets are getting higher every year. Municipal Courts absolutely hate it when a DWI defendant comes to court with $20, when they know full well that their fines are going to be in the hundreds of dollars.
4. Know Your Court
Perhaps the most important aspect of your DWI case is to know your Municipal Court where your case is filled in. Some courts are more liberal than others. Talk to your lawyer about the “track record” of the Municipal Court where your case is filed in.
5. Don’t Plead Guilty Too Quickly
Many people just want to plead guilty really quickly just to get the case over with. Don’t plead guilty until you have at least carefully reviewed the discovery. Many times, you can absolutely become amazed as to the amount of errors that were made by the police in your case by simply reviewing the discovery.
The alcotest/draeger certificates may have expired. The discovery may indicate that this breath testing machine may have been malfunctioning around the time of your arrest. The police reports may not substantiate that there was sufficient probable cause to justify the stop of your case. Believe me, there are many DWI cases wherein the paperwork is just not properly prepared. Many police stations are overwhelmed, and they just can’t keep up with the paperwork that is necessary to convict DWI drivers. This is not the case in all of the towns. However, in some towns if you are one of the more fortunate DWI defendants, then the paperwork and discovery may reveal that there are many viable defenses in your case.
6. Get Help if You Need It!
Let’s be honest many DWI drivers have beaten the system for years. Many DWI drivers have been driving drunk for a very long time, and they have not gotten busted. This is your day of reckoning. Remember, DWI drivers can’t beat the system forever. If you are an alcoholic go get professional help. Go to rehab if your drinking problem is that severe. Also join up with your local Alcoholic Anonymous Association. Joining AA is a must. Moreover, if you have a very egregious case, the fact that you joined AA, can be used as a mitigating factor at your sentencing.
7. Don’t Blow Your Money if Your Case Stinks
If you have a real high B.A.C. reading and if the evidence against you is overwhelming, then cut your losses and work out a reasonable agreement with the prosecutor. Municipal Courts really don’t like it when a DWI defendant who is overwhelmingly guilty, decides to try his case anyway. The Municipal Courts are booked! At most Municipal Courts you can’t even park there because they are so over crowded. If you insist on a trial, then you will eventually receive one. However, only try your case if you have a “fighting chance.”
8. Change Your Automobile Insurance Over to Your Spouse
If a person is convicted of DWI, then their insurance rates will triple. Therefore, it is advisable to switch all automobile insurance policies to your spouse.
9. Don’t Blow Off Your Case Just Because You Don’t Live in New Jersey
Many people make the mistake that if they don’t live in New Jersey, then they don’t have to take a New Jersey DWI charge seriously. This is a major error and misconception. If a person is convicted in New Jersey, then after the case is over, New Jersey will send a report of the conviction to the driver’s home state. This is a requirement of the Interstate Driver Compact. In most cases, the driver’s home state will then also suspend the driver for the NJ DWI conviction. With the explosion of the internet DWI drivers can’t hide anywhere.
10. Always Review Your Driver’s Abstract
Many times DWI drivers simply do not review their driver’s abstract before they plead guilty to a DWI charge. Remember, the sentencing penalties are dramatically different for a first time DWI offense, as compared to a second time DWI offense. I have been involved in many cases when clients simply forgot to tell me that they had a prior DWI on their record. All prior DWI’s show up on the defendant’s driving record. Just don’t assume that your prior DWI is ten years old. Review your driver’s abstract before you plead guilty!
