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Diaz-Cobo & Pedraza
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DIAZ-COBO & PEDRAZA
When you've been arrested for driving while under the influence of alcohol you really do need help. In New Jersey, DWI charges have serious consequences. If you are found guility, you can lose your license, be fined, your insurance can go up or be cancelled, and it carries jail time.
Most people arrested for DWI have never been in any other type of criminal trouble and are confused, frustrated, and anxious about the entire process. Do not just plead "GUILTY" and take your chances with this very serious charge. We are prepared to examine your entire case, starting with the reason that you were stopped in the first place.
Police officers DO NOT have the authority to pull you over unless they have "Probable Cause." Probable cause is defined as "a reasonable suspicion, based on articulable facts, that it is more likely than not that the suspect has committed a violation or crime." Usually, the State will argue that the probable cause for the initial stop is based on a traffic violation such as speeding or failure to maintain lanes. Our first line of defense is attacking the probable cause for the initial stop. The State has the burden of proving this by a preponderance of the evidence. If they cannot meet this burden, or we successfully challenge their evidence, the DWI and all collateral charges associated with the arrest must be dismissed.
Even if the State can show probable cause for the initial stop, the State must then show probable cause for the DWI arrest. The state usually offers up the "Field Sobriety Tests" as evidence to establish the Probable Cause for the DWI arrest. This is our second line of defense. There are many ways to attack the probable cause for the DWI arrest including, but not limited to, failure to establish operation of the vehicle, improperly administered filed sobriety tests, physical ailments that could have prevented the defendant from perfoming certain tests, and performing well on certain tests but not as well on others.
Finally, even if the State can establish probable cause for the stop and subsequent arrest, they must prove a defendant guilty of the DWI and other charges "Beyond a Reasonable Doubt." The State will try to use the Blood Alcohol Contect (BAC) reading of a Breathalyzer or Alcotest or blood test. This is our third line of defense. Many times, the Breathalyzer, Alcotest or blood sample were improperly obtained, or the machines are not properly calibrated. Our office has been very successful in excluding the BAC reading.
As a defense attorneys , the first thing we do on your behalf is plead you Not Guilty on all charges, postpone the initial Court date, and demand "Discovery." Discovery includes, but is not limited to, Police reports, video tapes of the stop, field sobreity tests and any vidoes taken at the police station, Radio Log Transmissions, and all certifications/ calibrations of any instrument used in connection to the case. Once we have discovery, we make a detailed review of same and begin mounting the defense for your case. If you have been charged with DWI don't wait; every minute counts. Contact the office of Diaz-Cobo & Pedraza for a complete explanation of your legal rights and options.
Experience isn't expensive. . . it's priceless!
CALL NOW 877-DRUNK-91
CALL 877-378-6591 / 732-249-1125
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Main Page Our Staff Services Directions
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