Reisig Criminal Defense & DWI Law, LLC

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DUI Information

If I Plead Guilty To DUI In Another State, Will New Jersey Treat That As A Prior Conviction In My Current Case?

September 17, 2014 by Matthew Reisig

Possibly. DUI/DWI convictions in other states can be entered as stand-ins in New Jersey proceedings for prior offenses.

There are defenses though. The state will assume that you were convicted (or plead guilty) to driving with a Blood Alcohol Content of .08%, which is the statutory limit in New Jersey.

If that was not proven in your prior case, or you were convicted under circumstances that did not meet that threshold, it may be possible for the out-of-state DUI to be ignored in a DWI prosecution in New Jersey.

The first step in taking care of your DWI issue in New Jersey is hiring the right lawyer.

Attorney Matthew Reisig has represented more than 1,001 DWI defendants who were not convicted.

Call 732-625-9660 today to talk to an experienced New Jersey DWI attorney.

Filed Under: DUI Information

Is Asthma A Defense Against A Refusal Charge When I Tried To Provide A Sample For The Alcotest In New Jersey?

August 27, 2014 by Matthew Reisig

It may be, and for more reasons than you may realize.

First, having an asthma attack is strong grounds to defeat the refusal charge, and could even contribute a defense to what the police officer observed as behavior indicating intoxication.

Additionally, if the Alcotest did get a reading at some point, it may have been artificially high if you had used certain asthma inhalers that contain a small amount of alcohol.

You should consult with an experienced DWI lawyer who knows how to push back against a prosecutor’s case with facts and reason.

Call attorney Matthew Reisig at 732-625-9660 today to talk to one of New Jersey’s most experienced DWI defense attorneys.

Filed Under: DUI Information

What Groups Can’t Legally Provide Samples For The Alcotest In New Jersey?

July 31, 2014 by Matthew Reisig

In New Jersey, there are no groups who can’t legally provide samples for the Alcotest device, but the New Jersey Supreme Court has carved out an exception for women over the age of 60.

This group may be medically unable to provide the necessary 1.5 liters of breath, twice, that the Alcotest needs in order to provide police with what it considers to be a reliable BAC reading.

The effect of this carve out is that the Alcotest results may be questioned in court.

Or, if the defendant has been charged with refusal for failing to provide an adequate sample even when she tried to provide one, there are strong grounds to have the charge dismissed.

Matthew Reisig is one of New Jersey’s most experienced DWI attorneys, with more than 1,001 wins for New Jersey drivers. Call him today at 732-625-9660.

Filed Under: DUI Information

What Field Sobriety Tests Are New Jersey Cops Allowed To Administer?

July 24, 2014 by Matthew Reisig

Police in New Jersey are trained in using just three field sobriety tests, and any other “sobriety testing” performed beyond that is likely to be inadmissible in court.

The first test is call the Walk and Turn Test, which is intended to test a person’s ability to perform a physical test (walking in a straight line, turning in a prescribed manner, then walking back) while performing mental tasks like remembering instructions at the same time.

The second approved test is the One Leg Stand test, where a subject is given a lengthy instruction to raise one of their feet, watch it, and count out loud. The officer then watches the subject for evidence of swaying, loss of balance, slurred speech, and other signs of intoxication.

The third test is called the Horizontal Gaze Nystagmus, where the officer will instruct a subject to follow an item with his eyes, but not move his head. From there, the officer will watch for signs of involuntary motion in the normal movement of the eye, a sign of possible alcohol intoxication.

Regardless of the results of any field sobriety tests performed, there are defenses.

Attorney Matthew Reisig has beaten DWI charges in New Jersey more than 1,001 times. Call him today at 732-625-9660 for a free consultation.

Filed Under: DUI Information

How Do I Choose The Right DUI Lawyer In New Jersey?

July 24, 2014 by Matthew Reisig

Choosing the right defense attorney to protect you from DUI/DWI charges in New Jersey can feel overwhelming.

First, you’re dealing with the embarrassment of having been arrested for DWI, and almost immediately you’re required to choose between hundreds of law practices all angling to represent you – without knowing anything about how they operate.

Here are some things to consider when hiring a lawyer for your DWI issue in New Jersey:

First, look for a firm that operates statewide. Attorneys who work in courthouses across New Jersey usually have good working relationships with law enforcement, prosecutors, and judges in those jurisdictions and knows how they tend to operate.

This can help you attorney develop the right case you.

Second, look for a lawyer with a strong record of wins.

Prosecutors hate to lose, and when you hire a lawyer they know can punch holes in their case, they’re more likely to want to work something out.

But if something can’t be worked out, having a winning attorney never hurts.

Third, look for an attorney who knows New Jersey DWI law inside and out.

Matthew Reisig has argued technical elements of New Jersey DWI law before the New Jersey Supreme Court, and has represented clients all across the state, winning more than 1,001 DWI cases for his clients.

Call him today at 732-625-9660 for a free consultation.

Filed Under: DUI Information

How Can I Defend Myself If I Blew Over The Limit In New Jersey?

July 10, 2014 by Matthew Reisig

As much as the police and prosecutors would like for you to decide that the evidence they have against you is airtight and that there’s nothing you can do to fight back, the truth is that a breath test reading over 0.08% isn’t the silver bullet they want you to believe it is.

There are many defenses against a DUI in New Jersey, and the only way to properly develop a strategy is to examine the particulars of your case.

For starters, we’ll begin by asking what was the probable cause for pulling you over.

In the field, police will often initiate a traffic stop based on a hunch rather than witnessing a violation of traffic laws. If you broke no laws, there was no probable cause.

We’ll ask to see any videos the police cruiser may have recorded, which can also tell us important information about any field sobriety test you may have been asked to take.

We’ll examine your health history and diet, and ensure that you are physically able to provide a usable sample, and that your physical condition would have provided a reliable sample. Certain illnesses, asthma, and diets can impact the quality and reliability of the test result.

And we’ll validate that the Alcotest device was properly calibrated and maintained, that the test was administered by a properly authorized agent, and that the testing protocols were followed.

There are many opportunities to push back against a DWI charge in New Jersey, and Matthew Reisig has more experience at it than most other attorneys in the state. Call today at 732-625-9660 for a free consultation.

Filed Under: DUI Information

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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