A DUI attorney is expected to appeal a case to the Supreme Court after his initial appeal to the appellate court resulted in the Appellate Court upholding the decision of a lower district court that his client was in fact guilty of driving under the influence and convicted her of DUI, as reported by NJHerald.com.
The DUI attorney who is deliberating the last and final step is Mr. George Daggett. According to him, there is a lack of legislation concerning the specifications of his client’s case involving “doctrine of necessity”.
If you want an outstanding attorney that knows the ins and outs of the DUI law and so on, USAttorneys.com is a site that can best serve you.
Doctrine of necessity – applicable to DUI case according to attorney Daggett
The doctrine of necessity is basically a law or bill that was passed which stipulated that a criminal offense maybe overlooked if and only if the perpetrator committed said crime for a greater good. This according to Daggett should apply to his client’s case and Catherine Giaquinto should therefore be indicted of her DUI charge.
Supposedly, on the night of her arrest on suspicion of DUI, Giaquinto, for the first time, met her acquaintance Maggie face to face, allegedly, Maggie slipped a date rape drug into Giaquinto’s drink and then proceeded to attempt to unclothe her and sexually assault her. However, Giaquinto managed to escape and drive away which is when she was stopped and arrested and charged with a DUI, failing to yield to sobriety testing and resisting arrest.
Daggett argues that his client was unknowingly drugged and so she cannot be held accountable for her consequential actions.
But once you are out of danger, why continue to drive while on drugs?
In fact, according to Giaquinto’s own testimony, she has very hazy, broken recollections of the night, apparently, she only remembers someone trying to force themselves onto her and grope her.
Fighting a DUI in New Jersey
If you have been arrested on DUI charges in New Jersey, it is important to understand that the consequences can be devastating. You need to hire an exceptional DUI attorney like Peter J. Bonfiglio, III who is well versed with New Jersey DUI laws. In case you are arrested for DUI in New Jersey, he can be contacted through his website. Timing is crucial and without proper action you could end up facing criminal and financial penalties.
In addition, there is always the possibility of your driving privileges being suspended. First time offenders can face a prison term of up to 30 days and fines and penalties ranging from $250 to $500. In addition, their driver’s license can be suspended from 3 months to a year. This is in addition to several other penalties up to $600 and more.
For the most part, New Jersey has some of the most stringent DUI laws and this includes the installation of an ignition interlock device for repeat DUI offenders and also first time offenders with a BAC of 0.15 or higher. Your New Jersey DUI attorney, Peter J. Bonfiglio, who can be found via his website http://www.hoffmandimuzio.com/attorneys/peter-j-bonfiglio/, will go over the details of circumstances that led to your arrest and discuss the best option to take and how to beat and win your DUI case. Many attorneys have successfully fought cases where arresting officers have made mistakes in the arrest process.