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New Jersey DUI Lawyer Rachel Kugel Explains Strategies to Get a Dismissal of DUI Charges
As a New Jersey DUI lawyer, Rachel Kugel emphasizes that not all DUI arrests are handled properly. Legal missteps during the arrest or flaws in the evidence can play a key role in getting charges dismissed. "We thoroughly investigate the cases we handle, which allows us to build a personalized legal defense," Kugel states in the article. This careful review may reveal technicalities or rights violations that weaken the prosecution's case.
The process of challenging DUI charges begins at arraignment, where a New Jersey DUI lawyer like Rachel Kugel may file motions to suppress evidence if it was unlawfully obtained. While dismissals at this early stage are not common, procedural issues such as an improper traffic stop or flawed sobriety testing can lead to the exclusion of critical evidence. If key elements of the prosecution's case are removed, the court may have grounds for dismissal.
According to court data cited in the article, DUI dismissals in New Jersey are not rare. The statistics show that a significant number of cases are thrown out each year. This trend reflects not just legal protections for defendants, but also the importance of having a New Jersey DUI lawyer who knows how to identify procedural failures. Rachel Kugel notes that stricter evidence requirements and the evolving legal standards give defense attorneys more tools to challenge charges effectively.
The article details several common reasons for dismissal. For example, if an officer fails to follow breathalyzer procedures or if the device is not properly calibrated, the results may be invalid. Similarly, a field sobriety test that doesn't follow National Highway Traffic Safety Administration standards can be called into question. Rachel Kugel and her team examine these details closely in every case they take.
Plea bargains are another area of focus in the article. While many types of criminal cases in New Jersey may be resolved through plea deals, DUI charges are treated differently. State laws limit the use of plea bargaining in DUI cases, especially for those under statutes N.J.S.A. 39:4-50 and 39:4-50.2. Rachel Kugel explains that although formal plea reductions are restricted, charges can still be reduced or dismissed when there is insufficient evidence or violations of proper procedure.
The article also clarifies that Conditional Dismissal-a diversionary program available for minor offenses-does not apply to DUI charges in New Jersey. Still, Rachel Kugel points out that this does not mean defendants are without options. Careful legal review may reveal constitutional issues such as lack of probable cause, failure to read Miranda rights, or delays that infringe upon a defendant's right to a speedy trial.
Another key defense strategy includes challenging the credibility and admissibility of the evidence. For instance, if an arresting officer lacked proper certification to conduct a breath test, the results might be thrown out. Likewise, Rachel Kugel highlights that medical conditions can explain behavior that is often mistaken for intoxication. These facts, when supported by medical records or testimony, can be crucial in casting doubt on the prosecution's version of events.
When discovery procedures are not followed by prosecutors-such as failing to provide all required evidence-this can also lead to case dismissal. The article explains that the defense can file motions to compel the evidence. If the court's order is not followed, the case may be dismissed entirely. Rachel Kugel emphasizes the importance of holding the state to these legal standards to ensure a fair process for her clients.
Even though DUI charges are serious and carry lasting penalties, the article shows that there are valid legal paths that can lead to reduced or dismissed charges. With careful examination of the facts, documentation, and police conduct, Rachel Kugel and The Kugel Law Firm help clients navigate these complex cases with determination and attention to detail.
Those facing a DUI charge in New Jersey should take immediate steps to protect their rights and seek legal advice. Acting early can improve the chances of identifying flaws in the case and can lead to a better outcome. The Kugel Law Firm offers initial consultations to review the details and begin building a defense.
About The Kugel Law Firm:
The Kugel Law Firm is committed to representing individuals facing DUI and DWI charges in New Jersey. Led by Rachel Kugel, the firm focuses on building strong defenses based on a detailed review of evidence, legal procedures, and individual circumstances. With a dedication to client advocacy, the firm works to secure favorable outcomes through careful legal strategies and courtroom representation.
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Phone: (973) 854-0098
Address:1 Gateway Center 2600
City: Newark
State: New Jersey 07102
Country: United States
Website: https://thekugellawfirm.com/
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