Defense of New Jersey
DWI and Criminal Cases

New Breath Test Defense

Q. Can you tell me more about the new defense invented by your office? How is it important to the defense of my case?

A. This office has been continuously working on mathematical and statistical analyses with a statistician to develop new defenses. In defending against results from a newly introduced instrument, the Alcotest 7110 in New Jersey, the lawyer needs to have technical knowledge. Our statistical consultant has been assisting this office since the Alcotest litigation in State v. Chun, et al.

In the summer of 2009, we innovated a defense that reviews the breath readings. When you blew into the machine at the police department, the machine yielded a reading (If not, you probably were charged with refusing to be breath tested). We developed something that has invalidated and challenges forensic support for readings and has excluded breath test results in most cases where this office has been retained.

Q. What is the significance of that?

A. In prosecuting a DWI case, there are mainly two types of evidence: 1) breath readings and 2) observation evidence. The very first thing (and also probably the most challenging thing) in defending a DWI charge is to exclude the breath result from evidence. With our discovery, this office succeeded in proving to trial courts non-compliance of the instrument with the Supreme Court requirements. Because of this, breath readings were excluded from evidence. That means, a first offender in New Jersey with a breath test result of 0.12, for instance, instead of losing a license for 7 to 12 months, he or she would have lost their driving privilege only for 3 months. As you see, defending a DWI charge requires technical knowledge. Mr. Baffuto’s knowledge of the Alcotest and extensive DWI defense experience have enabled him to exclude breath readings from evidence.

Fighting Your DWI & MV Charges

Q. Is there any defense to DWI? Other attorneys told me that there is not much I can do.

A. Of course there are many defenses to DWI charges in New Jersey. You probably did not find the right attorney to defend your DWI case. Drunk-driving defense is a complex and technical field in which, in my opinion, an attorney must concentrate. Of course there are many defenses and I use everything I gained as a top DWI attorney to defend my clients. Now that you see my winning cases, you see the benefits of retaining an attorney to fight your case. You have to remember that the best scenario can happen only when you hire the right attorney. You have to see to believe it. Go to "Sample Winning Cases of DWI &Other MV Cases" to see actual winning cases.

Q. I want to fight my DWI charge. How do I choose the right attorney?

You should choose an attorney based on your legal needs. If you want to fight your case, you should choose the lawyer who will fight for you. Some lawyers may say, "there is not much you can do about DWI. I will charge you reasonable fees and I will get you the minimum penalties." If the lawyer cannot tell you what she or he can do for potential clients, in my opinion, you cannot expect much from that lawyer. If you are a non-US citizen, your immigration status may be an issue. This office tailors defenses for international clients in consultation with an immigration attorney to protect their future status in America. If your immigration status can be an issue, you should choose the right lawyer who knows your issues. If you are non-US citizen, read "Non-US Citizens Should Know Immigration Consequences" " Chun" attorneys may be a good idea if you would like to have some objective way to screen attorneys besides "win rates". Needless to say, I am the "Chun" attorney who formulated the strategy for the entire defense. There are only seven defense attorneys in the entire state involved in the New Jersey DWI Supreme Court case named, State v. Chun et al. Through this litigation, these attorneys did an enormous amount of research, preparation of cross-examination of State's expert witnesses, and learned about the machine in depth. I am the right DWI attorney for you. Go to: "State v. Chun, et al.: New Jersey Supreme Court DWI Case" to learn more about this influential litigation. It is your decision to choose the right attorney. Go to "Selecting An Attorney" to fully educate yourself.

Q. What else should I look for to decide on my DWI attorney? .

A. You should ask the attorney's previous performance and have confidence in your attorney. It is very important for a client to communicate with an attorney because they work together in court. Client-attorney teamwork is very important to give a client the best possible defense. Without confidence in your attorney, the team will not be able to function efficiently and effectively. I do not guarantee any successful outcome of any individual case, but this number at least gives you an idea of how hard I work for my clients. I do not tell my clients to plead guilty. When a client wants to fight, I fight all the way.

Q. I had an attorney previously but I was not happy with the result. Can you do something about it? Can I re-try my case?

A. You may be able to apply for Post Conviction Relief (PCR) if you were convicted less than five (5) years ago in New Jersey. In some cases, a PCR can be successful in re-opening convictions older than five years. Your file needs to be reviewed in order to evaluate if you would be eligible for a PCR. If interested, please have all the records ready. These records include: -Discovery (police records), which include all the documents, sentence sheet, videotape (if there was); - Any court related documents, which include such as court notice, original summonses, etc; - Transcripts (court records). For more information about PCR, go to: "Convicted? How To Reverse It"

Q. I did not know that I should retain an attorney on my previous DWI case. Can I now retain an attorney and do something about it?

A. Yes, you can apply for re-opening of your previous case if you were convicted less than five (5) years ago. It is called, "Post Conviction Relief (PCR)". In some cases, a PCR can be successful in re-opening convictions older than five years. You need to be approved to re-open the case, but in this case you have a good chance of being approved because you did not have any attorney. If interested, please have all the records ready. These records include: -Discovery (police records), which include all the documents, sentence sheet, videotape (if there was); - Any court related documents, which include such as court notice, original summonses, etc; - Transcripts (court records). For more information about PCR, go to 'Convicted? How To Reverse It'.

Non-US Citizens

Q. I am a green card holder and recently got arrested for a DWI in New Jersey. Would the court know that I am not a US-citizen?

A. Yes, it can. The New Jersey Attorney General's Office recently announced that the defendant?s immigration status can be checked through ICE through the prosecutor. In addition, a New Jersey DWI arrest report has a section inquiring whether the defendant is a US-citizen or not. The State of New Jersey incorporates multiple ways to check defendant's immigration status. This office has been defending many international clients with a consultation with an immigration attorney to protect their future life in America. Contact this office if you are a non-US citizen and get arrested for a DWI.

Q. I have a green card and I was drunk and driving the other day. When I was told to stop by the police, I was so afraid of being arrested that I did not stop the vehicle for a while. I was summoned with DWI and other multiple tickets including a big green sheet. I am charged with eluding. What should I do?

A. You should immediately contact this office. Eluding the police is a criminal charge in New Jersey. If you are convicted for this charge, you are facing prison and may not be able to stay in America any more depending on the records of conviction. When the person is convicted, the record of conviction can be entered into NCIC, a national criminal database and much information about you will be shared and matched with other types of database all over America. You can be deported, rejected to re-enter America at the airport, rejected to renew your permanent residency (green card) depending on the situation. It is extremely important to defend your case in a consultation with an immigration attorney. You should never choose the attorney who is not aware of consequences of certain convictions on immigration status. This office has saved many international clients? lives in America by tailoring the defense based upon the clients? immigration status and needs.

Q. I am a non-US citizen and got arrested for DWI. Does my arrest affect my immigration status?

A. This is a very complicated issue when you are arrested for the offense with jail time exposure. I need to see all the documents you have. We are a law firm in New Jersey that works in a consultation with an immigration attorney for international clients. If you are non-US citizen, read "Non-US Citizens Should Know Immigration Consequences"

If Convicted

Q. What are the consequences of DWI conviction?

A. The answer depends on the level of offender you are. License Suspension and Jail: - First Offender: 3 or 7 through 12 months, depending on the alleged blood alcohol concentration reading + possible jail time - Second Offender: 2 years + possible jail time - Third Offender: 10 years + mandatory 180 day jail Costs: You can estimate that you would have to pay at least additional $7,000 in total when you are convicted for DWI first time depending on how much you are currently paying for your car insurance. You can read more in "Costs of DWI Conviction in New Jersey".

Q. What are the consequences of being convicted for not having automobile liability insurance?

A. The answer depends on the level of offender you are. - First Offender: One year license suspension + community service + a fine of up to $1,000. - Second Offender: Mandatory 14 day jail term + two year minimum and possible indefinite license suspension + 30 days of community service + a fine of up to $5,000. You should note that whenever you are convicted of a second offense for not having automobile liability insurance, it is not automatic to get your driving privilege back. You need to file a special application to obtain your driving privilege. This is a very severe charge. You will need an attorney who can fully defend your case. Contact this office immediately for consultation