Atlantic City and Cape May County DUI/DWI Defense Attorney
A serious traffic offense such as a DUI/DWI can happen to anyone. Unfortunately, such charges bring with them drivers license suspensions, large financial penalties and even JAIL in some cases. You need a tough and aggressive local Atlantic City DWI/DUI defense attorney to protect your rights and devise the best defense possible.
DUI/DWI Defense Attorney Stephen Funk’s practice is heavily concentrated on defending the many issues that arise after a DWI/DUI arrest such as whether a blood or urine test was conducted, blood alcohol content (BAC) readings, Alcotest, DUI/DWI involving boats or water vessels, DUI/DWI involving commercial driver’s licenses, charges for driving while suspended for a DUI/DWI, accidents involving DUI/DWI, injuries from accidents involving DUI/DWI, field sobriety tests, ignition interlock penalties and DUI/DWI checkpoints and roadblocks.
Mr. Funk carefully reviews the facts and evidence of each case in order to develop the most aggressive and effective defense. The police and prosecutor will use all legal means at their disposal to convict you. Mr. Funk will fight back equally hard to protect all of your rights and defeat the charge. Some of the issues that Mr. Funk investigates to protect his clients include:
CHALLENGE TO THE STOP OR SEARCH OF THE MOTOR VEHICLE: In order for the police to lawfully stop a motor vehicle they must have at least an articulable and reasonable suspicion that a violation of the traffic laws has occurred. Absent a reasonable and articulable suspicion, a police officer may not use unbridled discretion to effect a motor vehicle stop. Frequently, the issues in a DUI/DWI prosecution are almost entirely related to the propriety of a motor vehicle stop and subsequent search. A challenge to a police initiated warrantless search or seizure in New Jersey is accomplished by way of a motion to suppress evidence. Typically, in a drunk driving case, the object of the motion to suppress evidence will involve either a challenge to the initial stop of the defendant’s motor vehicle by the police or to physical evidence that was seized as a result of a search of the vehicle. Mr. Funk investigates thoroughly to identify any suppression issues in order to have his client’s case dismissed.
CHALLENGE TO THE ISSUE OF OPERATION: Operation of motor vehicle is an element of the offense of driving under the influence of drugs or alcohol. Operation of a motor vehicle for the purposes of a driving under the influence conviction is much broader than the concept of driving as that term is commonly thought of. Operation of a motor vehicle for the purpose of DUI/DWI requires control of the vehicle, a present intent to cause the motor vehicle to move, an action taken to place the motor vehicle in motion and the possibility that the motor vehicle can actually move. Mr. Funk will investigate to determine whether he can legally challenge the issue of operation in order to win his client’s case.
CHALLENGE TO STANDARDIZED FIELD SOBRIETY TESTS: “Standardized” field sobriety tests such as the one-legged stand, the walk-and-turn, and the horizontal gaze nystagmus (HGN) are not always reliable methods to determine intoxication. Other field sobriety tests, such as the alphabet recitation test, finger-to-nose test, and sway test, are of questionable validity in determining intoxication. Mr. Funk regularly challenges the validity of such tests in motions and at trial.
TWENTY-MINUTE PERIOD OF OBSERVATION: Prior to taking breath samples, law enforcement must watch the person giving the samples in order to ensure that those samples are not tainted by mouth alcohol. A failure to observe for twenty minutes may result in the breath samples being inadmissible a significant step toward victory for the defendant.
CHALLENGE FAILURE TO PROVIDE VIDEO OR AUDIO EVIDENCE: Often, a video and audio recording of what occurred at the scene of the stop (usually from a camera within the police car) is created. Sometimes, a video and audio recording of the “processing” at the police station is created All defendants are entitled to have these recordings provided to them as part of their investigation of each case. Mr. Funk regularly incorporates these recordings into his investigation and defense because they often show events that are helpful to the defense. Perhaps the video shows that the police reports are not adequate, or that the police procedures utilized were improper. More and more, Mr. Funk is finding that police are video recording the “processing” of defendants at the police station which significantly expands the defendant’s ability to investigate and often leads to fertile grounds for additional defenses. The in-station video often shows the Alcotest procedure being performed and can reveal evidence that it was done improperly. Such evidence can lead to downgrades, victories at motions and trials, and sometimes even outright dismissal of the case.
Atlantic City Certified Criminal and DUI/DWI Defense Attorney
Stephen F. Funk, is a criminal defense attorney with offices located in Atlantic City, New Jersey. He is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and specializes in the defense of individuals charged with criminal offenses or serious traffic offenses such as DWI/DUI. If you are charged with a criminal offense or DWI/DUI in Atlantic City, anywhere in Atlantic County or anywhere in Cape May County you need an aggressive and trustworthy Atlantic City criminal defense attorney to investigate your case and provide you with the best defense. Mr. Funk appears in the Atlantic County Superior Court, the Cape May County Superior and Municipal Courts throughout each of those counties everyday. He is a local attorney known and respected by the Prosecutors, Judges and Court staff. Contact him today.