The law Office of Michael A. Grasso, Esq., LLC focuses its services on DWI/DUI Defense since 2003. Simply put, Mr. Grasso is a highly competent and experienced DWI/DUI defense trial attorney, who gets results. Mr. Grasso designs your representation to specifically meet your personal demands as motor vehicle stops for DWI/DUI can also lead to additional criminal charges to be filed against you by the State of New Jersey.

It is important to know that your case is unique to its own set of surrounding circumstances. This includes but is not limited to your arresting officer’s notes, certifications, whether the officer is National Highway & Traffic Safety Administration certified on Standardized Field Sobriety Field Tests, 7110 Draeger Alcotest certification, the state’s production of data downloads and 7110 Draeger Alcotest repair records history-just to name a few discovery particulars. The state is obligated by law to produce all discovery to the defense before proceeding with its prosecution against you. Should the state omit production of discoverable evidence the defense may move to dismiss the entire case with prejudice.

We kindly suggest before you decide to appear pro se (without counsel) to obtain the correct information from a qualified defense attorney. At our law office your initial consultation is free and requires no further obligation. Before you proceed to Court, know what your options are. Mr. Grasso will personally dissect and examine with you the following stages of your DWI/DUI matter:

I. OBSERVATION’S CASE: All observations made by the arresting officer prior to the taking of your breath, urine, or blood. Such observations are further broken down into the following categories:

a. Motor Vehicle Stop: Inclusive of all observations made by the arresting officer and other witnesses prior to you alighting from the motor vehicle. This includes but is not limited to: operation of your vehicle on the roadways; your rate of speed; ability to maintain lane; use of directional signals; response time to the police cruiser’s directing you to pull over; the manner in which you park your vehicle on the roadside; your verbal exchange with the officer; presence of alcohol odor; the demeanor you elicit while producing your license, insurance and registration credentials; the presentation of your articles of clothing and interior of your vehicle or vessel cabin; the condition of your physical appearance; etc.

b. Standardized Field Sobriety Tests (STFTs): Pre-exit tests: Reciting the alphabet, stating which direction you are driving, stating the present time; Post-exit tests: Horizontal Gaze Nystagmus Test, nine step walk and pivot, one leg lift, and the Romberg test just to name a few. Alternate tests may apply contingent upon the arresting officer determining whether you have sustained prior physical injuries that may impede your ability to successfully perform the above standardized field sobriety tests. Such alternate testing shall present its own set of defense argument during a pretrial motion or during bench trial hearing.

c. Processing at Headquarters: We will obtain all relevant video of your motor vehicle stop, police headquarters or state police barracks. Every move you make and every word you speak may be counted for or against you. Standard operating procedure includes but is not limited to the execution of a drinking and driving report-officer interview, reading of the standardized motor vehicle statement MVC (Paragraph 36), and the twenty minute uninterrupted observation period prior to the taking of your breath samples.

II. PER SE CASE
a. Breath: The State of New Jersey must obtain at least two (2) accurate breath samples from you prior to processing you successfully as an offender to operating a motor vehicle under the influence of alcohol. Or as one New Jersey Judge eloquently says, “the alcohol deleteriously affected your ability to drive your motor vehicle.” In some cases, the state may proceed with a DWI/DUI prosecution against you notwithstanding the 7110 Draeger Alcotest producing a .00 % Blood Alcohol Concentration (BAC) reading. However, the state must then prove your intoxication beyond a reasonable doubt to the judge during trial. Bear in mind, all DWI/DUI trials in New Jersey are bench trials unless there is a criminal charge arising out of the same set of facts as your N.J.S.A. 39:4-50 summons. In most cases, you will appear before a single judge with no jury. If no breath results have been accurately obtained in the range greater than .08% then the state will have to rely solely on the observations test which means the prosecutor must prove your intoxication on that alone. This is an incredibly difficult task to achieve absent a motor vehicle accident or surrounding circumstance that may be indicia of intoxication. When breath samples are obtained the state must prove beyond a reasonable doubt that the mouth pieces were changed before the drawing of each breath following a continuous and uninterrupted twenty (20) minute observation period. After each breath sample is processed by the 7110 Alcotest, a two (2) minute lockout period must occur to effectively purge the machine from your previous breath sample. No radio frequency interference (RFI) can exist in the custodial room where you give your breath. This may be caused by vhf radio or cellular smart phones. It is standard operating procedure for this law office to enlist the services of a Standardized Field Sobriety Tests and 7110 Draeger Alcotest expert to submit a written report with testimony to counter the SFST results noted by the State of New Jersey and the reading(s) recorded by the Draeger 7110 Alcotest.

b. Refusal: It is important to note that the Refusal statutory scheme in New Jersey is only applicable to the drawing of breath samples. It does not apply to the state seeking a urine or blood sample. Should you refuse to give a breath sample after the assigned officer has read (in your language) the NJMVC Standard Refusal Statement for Operators of a Motor Vehicle – N.J.S.A. 39:4-50.2(e) to you-and you have articulately answered in the negative (confirmed by the officer-twice), full penalties shall proceed to prosecution including but not limited to the mandatory loss of driving privileges for a minimum of seven (7) months for first offense. Such Refusal charge shall escalate with increased mandatory loss of driving privileges commensurate to the number of prior Refusal and or DWI/DUI convictions noted on your driver history abstract. Let it be noted, jail time does not apply to Refusal cases since the state can only show that you refused to comply with the state law in providing breath samples after a DWI arrest. For this to occur, the state must succeed at trial in proving that you knowingly, intelligently, and willingly refused to provide breath samples. When applicable, it is standard operating procedure for this law office to enlist the services of a medical expert to submit a written report with testimony to counter the state’s allegation that such Refusal was in fact your true intent.

c. Urine: Should the authorities have reason to believe that you are operating under the influence of a controlled dangerous substance they will request of you to give a sample of urine. Refusal does not apply to urine. If the state seizes a urine sample from you the lab results will be presented at your trial. We challenge urine and typically prevail most of the time as urine only renders a qualitative reading not quantitative. Mr. Grasso will enlist the services of a chemist or pharmacologist to submit a report and testimony to this effect.

d. Blood: Blood draw in connection to a DWI/DUI case has recently been in the spotlight per the arguments surrounding the United States Supreme Court Case, Missouri v. McNeely, 133 S. Ct. 1552 (2013). After April 17, 2013, any blood draw absent a warrant to seize same shall be tested by a Suppression hearing prior to your bench trial. McNeely allows the constitutionality of every blood DWI/DUI matter on a case-by-case basis. If warrant was in fact obtained prior to seizure of your blood to be used in a DWI case, then the defense is afforded the opportunity to cross examine every person in chronological fashion that encountered your specific blood sample. Usually, two vials are obtained for purposes of DWI prosecution in New Jersey. Mr. Grasso makes an immediate discovery demand for the second vial for private phlebotomist to spin and screen your sample as the New Jersey State Police is only obligated to maintain same for a minimum period of ninety (90) days.

III. New Jersey Driver Abstract History

In all DWI/DUI matters in the New Jersey Judiciary your driver abstract history shall be reviewed by the bench prior to your sentencing. Should you not possess a New Jersey driver’s license, a driver’s license number shall be issued by the New Jersey Motor Vehicle Commission to monitor your state surcharges and period of suspension. Out of state drivers must be advised by a licensed attorney in their respective state to determine the exact reciprocity to the New Jersey sentence. Prior DWI/DUI history in other states for purposes of being prosecuted in a New Jersey DWI/DUI create a host of issues that hinge on being forthright with a tribunal versus preserving your constitutional right to privacy and confidentiality. Either way, speak to an effective counselor and know before you go.