nj dui law firm presentation
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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. - PowerPoint PPT PresentationTRANSCRIPT
NJ DUI Law Firm Presentation
New Jersey DWI, Motor Vehicle & Criminal AttorneyLaw Office of Bartholomew Baffutowww.MvDwi.com
www.mvdwi.com
Bartholomew Baffuto, Esq.
1. 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 JerseyThis 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).
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Bartholomew Baffuto, Esq.
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
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Bartholomew Baffuto, Esq.
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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
Enhanced PenaltiesIf 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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
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 FeesYou will need to pay for IDRC classes (alcohol classes) which are mandatory when convicted.
www.mvdwi.com
Bartholomew Baffuto, Esq.
Other Obligations
First OffenderIDRC Class (12- 48 hours)
Second OffenderIDRC 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)
www.mvdwi.com
Bartholomew Baffuto, Esq.
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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
3. Who is Attorney Bartholomew Baffuto?
High Win Rates*Win Rate (DWI) = High % (call for current stats)Drunk driving defense involves science. Having good legal knowledge is not enough. An attorney must understand the science and technology of blood and breath testing.
Win Rate (No Automobile Liability Insurance) = 100%.100% win rate means this office has never lost a case of this type.
*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.
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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
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 clientsAlthough 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 DefenseMr. 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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
4. Being Arrested is Different than Being ConvictedYou 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.
www.mvdwi.com
Bartholomew Baffuto, Esq.
Other Successful CasesEven when you encounter a situation where the evidence seems very strong against you, a very good attorney can defend you.
- Case 1: BrAC = 0.20The 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
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Bartholomew Baffuto, Esq.
5. Looking for Legal Advice?Get Free Online Evaluation athttp://www.mvdwi.com/FreeCaseEvaluation.html
Email us at [email protected]
Call us at 732-292-9275 or1-888-ESQ-1DWI
www.mvdwi.com
Bartholomew Baffuto, Esq.
Thank you
www.mvdwi.com
Bartholomew Baffuto, Esq.