Bartholomew Baffuto, Esq. www.mvdwi.com NJ DUI Law Firm Presentation New Jersey DWI, Motor Vehicle & Criminal Attorney Law Office of Bartholomew Baffuto www.MvDwi.com
Bartholomew Baffuto, Esq. www.mvdwi.com • Definition of DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) • DWI, DUI, or drunk driving is defined in two ways. • 1) While under influence of alcohol or drugs based on driver’s appearance and behavior. • 2) BAC (Blood Alcohol Concentration) is directly measured or allegedly measured by BrAC (Breath Alcohol Concentration). • Legal Limit in New Jersey • This depends on the vehicle type. • 0.08 BAC for non-CDL, i.e., when a driver operates a motor vehicle not requiring a commercial driver license (this applies to most arrestees).
Bartholomew Baffuto, Esq. www.mvdwi.com 2. What Happens If Convicted? License Loss and Jail First offender (0.08 ≤ BrAC < 0.10) or under the influence of alcohol without a measurement available 3 months license loss and up to 30 days in jail (0.10 ≤ BrAC) or under the influence of drugs or alcohol combined with drugs without a measurement available 7-12 months license loss and up to 30 days in jail
Bartholomew Baffuto, Esq. www.mvdwi.com Second offender (0.08 ≤ BrAC) or under the influence of alcohol or drugs without a measurement available 2 years license loss and up to 90 days in jail Third offender (0.08 ≤ BrAC) or under the influence of alcohol or drugs without a measurement available 10 years license loss and MANDATORY 180 days in jail If you are convicted as a third DWI offender in New Jersey, you will have to be in jail for 180 days. But a court may lower such period for each day served in inpatient rehabilitation up to 90 days.
Bartholomew Baffuto, Esq. www.mvdwi.com Enhanced Penalties If any of the following apply to you, you may be facing enhanced penalties including jail time. If you were arrested in School Zone; If you had an accident; If your BrAC was very high, etc. Details are determined by court. You should consult an experienced DWI attorney immediately.
Bartholomew Baffuto, Esq. www.mvdwi.com Fines and Financial Burden Fines $250-$1,000 Other Penalties About $400 Surcharges $3,000 paid to NJMVC ($1,000 a year for three years). In some cases a surcharge of $1,500 a year for three years is imposed upon a third conviction.
Bartholomew Baffuto, Esq. www.mvdwi.com Car Insurance - You may not be able to keep your car insurance. - If you are lucky enough to keep it, as a rough estimate, your premiums will at least double for three years. Only your insurance company can tell the exact amount. IDRC Class Fees You will need to pay for IDRC classes (alcohol classes) which are mandatory when convicted.
Bartholomew Baffuto, Esq. www.mvdwi.com Other Obligations First Offender IDRC Class (12- 48 hours) Second Offender IDRC Class (48 hours) + Community Service (30 days) Third Offender IDRC Class (12 hours) + Aftercare Referral + 180 Days in Jail (up to 90 days in inpatient rehab program possible in lieu of jail time)
Bartholomew Baffuto, Esq. www.mvdwi.com Other Issues If you are charged with a crime together with your DWI, you may be facing much more serious consequences. If you are a non-US citizen (green card holder, work visa, student visa, undocumented), you should be aware of the consequences of certain convictions on your immigration status. This office defends international clients in consultation with an immigration attorney.
Bartholomew Baffuto, Esq. www.mvdwi.com 3. Who is Attorney Bartholomew Baffuto? Discovered a Winning Breath Test Defense Drunk driving defense involves science. Knowledge of the law is not enough. An attorney must understand the science and technology of blood and breath testing. Mr. Baffuto and his expert discovered a highly effective breath test defense. Mr. Baffuto has taught only a few attorneys about this defense. Attorney reactions were “Wow!” and “Dynamite!”. You will want this defense on your side. Results may vary depending on your particular facts and legal circumstances. NJ Supreme Court DWI Defense Attorney (State v. Chun, et al.) A landmark DWI case in the last 27 years in New Jersey legal history. The seven defense attorneys fought on the issue of scientific reliability of the new machine, the Alcotest 7110. Defense attorneys who are involved in this case are considered “elite” attorneys in DWI defense.
Bartholomew Baffuto, Esq. www.mvdwi.com The strategist of the entire litigation Mr. Baffuto designed the strategy and led the defense fight in this landmark DWI case. Famous but loyal to clients Although Mr. Baffuto’s state and nation-wide reputation led to multiple media requests for interviews and comment, he is still approachable and prioritizes clients’ best interests in order to protect their rights. New Lines of Defense Mr. Baffuto is involved in a big project to construct new lines of defense in drunk driving cases. His clients will be defended with those new lines of defense.
Bartholomew Baffuto, Esq. www.mvdwi.com • 4. Being Arrested is Different than Being Convicted • You have to see to believe it. Here are some winning cases. • Sample Winning Cases* • - Case 1: BrAC = 0.09 • - Result = Not Guilty on DWI • - Case 2: BrAC = 0.12 • - Result = Not Guilty on DWI • - Case 3: BrAC = 0.16 • - Result = Not Guilty on DWI • - Case 4: BrAC = Drug Case • Result = Not Guilty on DWI • *This does not imply a guarantee of success in your case. Each case is different. There is no guarantee of success on any particular case. Results may vary depending on your particular facts and legal circumstances.
Bartholomew Baffuto, Esq. www.mvdwi.com • Other Successful Cases • Even when you encounter a situation where the evidence seems very strong against you, a very good attorney can defend you. • - Case 1: BrAC = 0.20 • The client was allegedly so drunk that he could not even stand straight. • - Result = Invalidate the reading. The client was prosecuted only on observation. The client got 3 months loss of license instead of 7 to 12 months. • Case 2: No Automobile Liability Insurance with an accident • The client did not insure the vehicle and caused the accident. • - Result = Not Guilty
Bartholomew Baffuto, Esq. www.mvdwi.com 5. Looking for Legal Advice? Get Free Online Evaluation at http://www.mvdwi.com/FreeCaseEvaluation.html Email us at info@MvDwi.com Call us at 732-282-1DWI (732-282-1394)
Bartholomew Baffuto, Esq. www.mvdwi.com Thank you