Driving under the influence is a crime. The practice is illegal in every state including New Jersey although the laws may vary slightly from state to state, according to Elizabeth, NJ DWI lawyers, drunk drivers may face both charges filed by state prosecutors and also civil lawsuits filed by any victims or any other party affected by the drunk driver.
These civil lawsuits are filed by outstanding lawyers such as Eric M. Mark. Hard-nosed and take no prisoners type lawyers such as this strike fear in the hearts of their opposition. But that fear does not carry over since people continue to get DUIs and some people even repeat this mistake! If you need salient legal help, press right here.
In most states including New Jersey, anyone found driving with a BAC or blood alcohol content level of 0.08% or more is liable to be arrested and prosecuted for DUI. If you exceed this limit, you are considered legally “drunk”. DUI charges are also based on your driving behavior too even when your BAC is less than the legal limit.
Representing Yourself in a DUI Case
Speaking in general, it isn’t a good thing to represent yourself in a DUI case. Drunk driving might seem to a comparatively insignificant offense, but in fact it is a complex criminal charge that prosecutors can bring against you. Since such cases involve complex laws and technical defenses, only an experienced New Jersey DWI lawyers can help you avoid conviction, negotiate for a lesser charge, or even have your case dismissed depending on the circumstances and evidence available.
Penalties for Drunk Driving
Punishments for all drinking and driving offenses differ significantly from one state to another. Every DUI case involves potential jail time and revocation of the driver’s license. However, first offenders in general are sentenced to lesser punishments, such as fines, license restrictions, mandatory attendance of a rehabilitation program and “Alcoholics Anonymous” meetings, community service, alcohol counseling, or probation.
According to Elizabeth, NJ DWI defense attorneys, any driver in the state found to have a BAC of 0.10% or greater may be charged with aggravated DWI. This is a serious criminal offense where the penalties are harsher than that for misdemeanor DWI offenses. Driving under the influence with a minor in the vehicle or committing additional traffic offenses can also result in an aggravated DWI.
Injuring or Killing Someone
Driving under the influence is the cause of many accidents. Most states have a provision to make drunk driving a felony offense as it can result in severe bodily injury and also death. Several states have unique felony statutes for the crime of “drunk driving causing death” if the prosecution is able to prove that death was as a result of driver’s intoxication. In such a scenario, a driver can face a jail term of 5 years or more. If the drunk driving results in someone’s death, the driver can be charged with manslaughter or prosecuted for “second degree murder” and still be sued.
Plea Bargains – An Overview
These harsh consequences are enough to ruin anyone’s life, and this is why offenders need to defend themselves in any means possible. When the evidence against them is too strong to invalidate, a miraculous and committed New Jersey DWI lawyer will be able to help determine if a plea bargain is the right choice.
A plea bargain is basically a deal between the defense and the prosecution where the defendant will agree to plead guilty, but to a lesser crime with lesser repercussions. Plea bargains may be thought of as a win-win situation for both the defense and the prosecution. However, the final call as to whether a plea bargain will be accepted or denied is up to the discretion of the judge in charge of the case.
Do not allow any drunk driver to get one over on you. It is your civic duty to take it to them. With Eric M. Mark at the helm, your legal case could not be in better hands. http://www.ericmarklaw.com/ – this is his outstanding site and he or some outstanding colleague that he works with is ready to take your call.