How To Appeal For A DUI First Offence?

in Personal-injury

New Jersey DUI first offense charges and penalties for the first offense is extremely complex which can often cause to mistakes on part of the cops and if these errors are serious enough in the jury’s eyes then the possibilities are the case will be dismissed and the charges will be dropped.  But to prove the mistakes of the police officer it needs the help of an experienced and highly skilled DUI lawyer to prepare your defense and obtaining the best results possible.

Penalties for the first DUI offense:

If you have caught driving vehicle while intoxicating and your BAC test shows 0.08% or higher but less than 0.10% intoxication, you will have to face a fine of $250.00 to $400.00 and your license will be suspended for three months, spending 12-48 hours at Intoxicated Driver Resource Center and maximum 30 days imprisonment.

If your BAC test shows 0.10% or higher intoxication, your driver license can be suspended for   Seven months to one year along with $300-$500 fine as well as the imprisonment and hours at IDRC.

How to appeal for a DUI first offence?

After your conviction, you only have 20 days to file an appeal to a higher court. These proceedings are held by a Superior Court judge.  But it can take months for your appeal to be heard and the final verdict.

In your appeal you provide the court a written document mentioning your intention to challenge the sentencing against you, but the prosecution also files the brief document mentioning the reason why your charges and penalties should be remained. After the prosecution’s briefing the court will give you the opportunity to counter the prosecution’s brief.  If the court finds it necessary, it will order to hear argument of both sides to reach at a final decision on your appeal.

It  is you or your lawyer’s responsibility to prove that your charges are due to the legal errors, you can also state that you want your case to be dismissed or re-hearing.

You can use the breath or blood results by using breathalyzer by proving them invalid, if you proved the technical fault in the breathalyzer then the test results cannot be used due to the possibility of mistakes or error in the testing procedure, or maintenance of the breathalyzer device.

 Second proving that while your first time first-time DUI arrest all the rights that should be given to a person was not properly followed. This point can prove a strong defense in your New Jersey dui first offense.

Giving these kinds of arguments, skilled and experienced DUI attorneys will do his best to get you out of first DUI/DWI charges. And will give the best answers you need about what your best chances will be and how to get out of first DUI charges and win the case.

Author Box
Dan has 8 articles online

Danny is author of countless articles on a myriad of different legal services. Now he represents Law Office Of Dan T.Matrafajlo that offers the service of drunk driving and Traffic Attorney Lawyer Services In New Jersey.

Add New Comment

How To Appeal For A DUI First Offence?

Log in or Create Account to post a comment.
Security Code: Captcha Image Change Image
Related searches:

How To Appeal For A DUI First Offence?

This article was published on 2014/04/02