How
do I select an attorney after I've been charged with DWI ?
Due to the severity of DWI penalties and the difficulty in winning DWI cases, it is
essential to select an attorney who will provide the highest level of representation to
obtain the best possible result. A Defendant should look for three critical qualities when
selecting an attorney.
Firstly, DWI representation should be the focus of the attorney's practice. Any
attorney can appear in Court to represent a DWI defendant. To provide the highest level of
representation, however, an attorney must focus his attention on the latest cases and
defense techniques . You should ask the attorney then, whether DWI is the focus of their
practice, or just one of a number of areas of practice such as consumer claims, real
estate closings, divorce cases or personal injury suits.
Secondly, make sure that you retain an attorney who will fight for you. A DWI attorney
should be willing to try every DWI case, unless and only unless, there are good reasons
not to do so. All too often, attorneys agree to defend clients and accept fees ( usually
less than customary fees for DWI representation ) only to tell the client that " there is nothing that can be done " and that a guilty
plea should be entered. Remember that you can not win unless you force the State to prove
their case. Attorneys who are neither willing or inclined to try DWI cases, should be
avoided.
Thirdly, you should retain an attorney who has made a serious effort to remain on the
cutting edge of DWI law. Attorneys should constantly be attending seminars and training
sessions to be current on the most recent approaches in defending clients in these cases.
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Why hire a DWI attorney ?
There are many reasons why a Defendant should retain an attorney
who will provide effective representation when a Defendant has been
charged with Driving While Intoxicated. Obviously, there are
thousands of dollars in fines and surcharges which must be paid upon
conviction. The DWI Insurance surcharge alone totals $3,000 to
$3,500. There are also mandatory suspensions of driving privileges
that range from 90 days for first offense to 10 years for third and
subsequent violations. While jail is discretionary for first and
second offenses, a sentence of 180 days imprisonment is mandatory
for third and subsequent offenses. A conviction for DWI most
probably will have also serious consequences regarding vehicle
insurance. Other penalties include mandatory participation in the
Intoxicated Driver Resource Program, community service and possible
suspension of
registration privileges or installation of an interlock system.
Beyond these consequences, there are many collateral consequences
which include loss of commercial driver's license privileges, loss
of vanity plates and inability to enter certain foreign countries.
Canada, for example, will not allow entry into that country for a
period of time after a conviction of DWI.
Some Defendants plead guilty to first offenses without realizing
that subsequent violations require penalties which are much more
severe. DWI convictions can also effect possible employment even
where driving may not be involved.
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When
should I retain a DWI attorney ?
New Jersey requires that DWI cases be resolved within 60 days of the issuance of the
summons. Therefore, it is essential that you seek legal services as soon as possible in
order to insure that your case is properly prepared when called for trial. The sooner you
act then, the better chance your attorney will have in providing the best defense
possible.
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If I am
found quilty, can I drive to work ?
In a word, the answer to this question is no . Notwithstanding the fact that 36 states
including New York, Connecticut, Pennslyvania, Delaware, Maryland and the District of
Columbia allow such licenses, the Court and the Division of Motor Vehicles can not and
will not issue any "work" or "conditional" license during a period of
suspension. This why vigorous and thorough representation is so important.
