Proven Defense in Thousands of Resolved Cases
If you, a loved one, or friend is facing a first DWI or if you have had multiple offenses, that initial call you make to The Kugel Law Firm is crucial for the success of your DWI defense. During that call we will listen intently as you describe the details of your arrest while they are fresh in your mind.
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We want to capture your recollection of the way you were treated by the arresting officer and other facts while you are still under stress and probably on an adrenaline high. These details will provide clues as to how we will prepare your case.
We understand your difficult situation; we know that you are nervous and living in fear of the possible penalties you may face. But there is no need to panic. We are confident that we can relieve your anxiety not only by demonstrating our legal knowledge, but by conveying to you our compassion and sympathy through caring emotional support. Our promise is to work closely with you to plan your defense. Together we will calmly, diligently, and tirelessly address the charges against you to achieve a favorable and positive resolution of your case.
The Kugel Law Firm has many years of experience representing individuals charged with DWI and other-alcohol related charges. As your defense attorney, we will help you navigate the legal system, understand your rights, and plead for a result that will ensure that you avoid years of financial and legal struggles. We believe that everyone deserves a fair hearing. You can count on us to refute vigorously any and all arguments by the prosecution.
As we tackle the specific allegations for which you have been charged, we will activate our entire The Kugel Law Firm team of professionals to aid in the preparation of your defense. For example, our private investigators will search for and review video, audio, and email evidence to support our defense strategy. Both our investigators and attorneys will interview witnesses to extract the most intricate details embedded in the circumstances of your arrest. Each member of our team understands that cases are often won by uncovering minute details that are not likely to be found by a prosecutor who most likely is overwhelmed by a heavy case load. Our legal team also includes paralegals and legal assistants who are indispensable to our mission of providing the best legal defense for our clients. The paralegals and legal assistants on our team provide support to our attorneys by doing research to find previous cases with issues similar to those underlying your case. Paralegals also prepare motions which are requests to the judge to make a decision on an aspect of a case. A motion might be, for example, a request to dismiss your case for lack of probable cause to arrest you.
At The Kugel Law Firm, we take courtroom proceedings very seriously because it is in the courtroom that our clients come in contact with those actors who determine their future. Thus it behooves us to educate ourselves on courtroom rules which vary by location. There are many stated and unstated rules of conduct for attorneys and their clients. We pride ourselves on our knowledge of courtroom practice, and we believe that such knowledge gives us a leg up when we represent you before the judge. We know the rules of the court where your case is being heard. Although it may sound trivial, proper courtroom behavior and etiquette may determine whether a case is won or lost. Courtroom formalities and judges can be intimidating. So, before setting foot in the courtroom where your case is being heard, we review general courtroom rules and those rules peculiar to your assigned court. At The Kugel Law Firm, we carefully prepare our clients to ensure that they do not make common courtroom mistakes.
Finally, we take pride in our constant efforts to communicate with our clients. We are available at all times including nights and weekends. Never does a phone call, email, text, or letter go unanswered. When we communicate with clients, we listen intently for small details that might give us an edge when we present their case at the DMV hearing and in court.
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Are you facing a DWI charge in New York Or New Jersey? The feelings of panic, guilt, and worry can feel overwhelming but facing a DWI charge is not a hopeless scenario. It’s important to know that a DWI arrest does not automatically mean you are guilty, and it doesn’t mean you will be convicted.
The steps you take during and after the DWI arrest can drastically influence the outcome of your case.
When you are stopped by a police officer and charged with a DWI, you need to remain calm, refuse field sobriety and breathalyzer tests, and stay silent. If arrested for a DWI, the Texas Department of Public Safety will take action against your driver’s license regardless of whether you submitted to testing or refused to test. If you refuse to submit to testing, the arresting officer will confiscate your psychical driver’s license and give you a Notice of Suspension. The Notice of Suspension will inform you of your right to request an ALR hearing, and it will serve as a temporary driving permit until the 40th day. After your arrest, you need to file a request for an Administrative License Revocation (ALR) hearing.
One of the best ways you can take action to protect yourself and your future from a DWI conviction is to seek out a proven DWI defense attorney right away. Your attorney will meticulously review your case details and work closely with you to build the case against the charges. Your attorney will advise you on the best course of action, including what to say and what not to say.
Being arrested for a DWI can be overwhelming, especially if it is the first time you are charged with a DWI. You may experience feelings of fear or embarrassment. You may be tempted to confide in the people around you. You may have the urge to ask questions; however, it is in your best interest to remain quiet and keep your own counsel. The law enforcement officers are not there to give you advice or to help you throughout your arrest. The law enforcement officers are there to book you into the system as quickly as possible. They are not your friends, do not confide in them or ask questions because anything you say can be used against you in court. Many police cars are equipped with audio recording, so make sure you remain calm and quiet.
A lot of action and dialogue takes place during and after an arrest. It is imperative that keep the case details private. Do not speak about your case with anyone who may later be required to testify against you. While you shouldn’t discuss your case details with anyone other than your attorney, it’s crucial to note everything that has happened during your arrest and detainment. You should write down everything you remember, including anything you said or did, anything the arresting officer said or did, the type of testing administered or refused. Try to remember exact phrases and quotes as much as possible. A detailed journal that contains an accurate recollection of events will provide your attorney with crucial information.
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Our goal at The Kugel Law Firm is to secure for our clients the least possible penalty as we argue on their behalf in the courtroom. But one of the first questions asked by potential clients is, “What penalties am I facing and, with your help, what is the best outcome I can expect?” Of course, we strive for complete dismissal of all charges. But often we must accept a negotiated settlement with minimum penalties to avoid jail time or large fines. So it is important to understand the penalties associated with the various DWI charges. Penalties for DWI offenses depend on age, license type, and previous convictions. They vary from required attendance at DWI school to lengthy jail time. In the following pages, we will outline some of the key points clients need to know about the penalties for specific DWI offenses.
Admin per se Penalties: In DWI cases, penalties are immediate. When you are pulled over for suspicion that you may be driving while intoxicated, your license will be confiscated on the spot. The officer will give you a temporary license good for 30 days. All that is necessary for seizing your license is the arresting officer’s belief that you were driving with a BAC of .08% or higher. Your license will also be suspended immediately if you refuse to take a chemical test when arrested. Above, Under Step 2 of the section entitled “Important First Steps to Take after a DWI Arrest,” we have explained the urgency of scheduling an Admin Per Se hearing within ten days of your arrest. Here we will explain the penalties which can be ordered by the DMV following a DWI arrest.
DMV penalties differ according to various circumstances, including number of previous DWIs, refusing to submit to a blood or breath test, age of the driver, etc. For a first time DWI offender, the Admin Per Se Law directs the DMV to suspend the license, for four months, of a person arrested for driving with a BAC of .08% or higher. During the ten day period after your arrest, you schedule that all-important DMV hearing described earlier. This is the time that you sit down with Rachel Kugel and her team at The Kugel Law Firm to plan your argument to fight the suspension. There are many arguments that can be used at this stage of your DWI case and we will review them to determine the best ones to use. Remember, though, that the DMV hearing is not your trial, but it is important because it provides an opportunity for your defense team to request the appearance of your arresting officer. By questioning the officer, we will get an idea of his or her recollection of the specifics of your arrest. Having such information on record will allow us to compare the officer’s statements at the hearing with his or her statements at trial. We will focus on challenging the officer’s claim that there was probable cause to stop you in the first place. We will also question the procedures used in the field sobriety tests administered at the arrest site. The purpose of the Admin Per Se hearing is, of course, only to fight the license suspension.
The DMV has the authority to suspend the license for one year if a first time offender refuses to take a chemical test. The penalties for second and third offenders are two and three years respectively.
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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. The Kugel Law Firm cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter. Privacy Policy | Terms of Service.
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