New Jersey DWI Lawyers
The Driving While Intoxicated (DWI) laws in New Jersey are very strict. Because of this, sometimes the accused in such cases feels that there is no point in spending money on a lawyer, and chooses to Plead Guilty. This may not be a wise decision, since there is a great deal that a competent lawyer can do to help. The common strategy is to minimize and possibly even avoid punishment.
The process of a DWI case consists of Complaint and Summons, Arraignment, Pre-Trial Discovery, Pre-Trial Motions, Trial, Findings, Sentencing and Appeal. The role of a counsel is to expertly handle the case through these steps. The lawyer will collect all the relevant records and study the details with an eye on the client?s Constitutional rights and defects in the State?s case.
Take for example a person being charged with DWI for drinking inside his parked vehicle. The state has to prove the intention to drive, and prove that the man?s Blood Alcohol Content (BAC) would be above the permissible limit when he operated the vehicle. A smart lawyer may be able to destabilize the state?s contention. If the accused is denied the result of the roadside test, it infringes on his rights. Some types of tests may not be scientifically sustainable. A delay in hearing the case may encroach on the citizen?s right to speedy trial. A prior DWI conviction in another state may not have been based on grounds that would attract the mischief of New Jersey laws.
There are many more possibilities for a good lawyer to help his client in a DWI case. A number of such lawyers practice in New Jersey. The initial consultation is usually free. But while choosing a lawyer, certain pertinent points should be kept in mind. It is often advisable to hire a specialist than a general law practitioner, for obvious reasons. Study his past record. If his operational style is to encourage the accused to plead guilty, perhaps one should look for another lawyer. One should not be afraid to ask questions; after all, the client is paying the lawyer and has a right to know what kind of service he can expect.
Drivers from other states involved in DWI cases can entrust the matter with local lawyers instead of spending time and money to return to New Jersey for attending the court procedure.
This article courtesy of http://www.mentzlaw.com.
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* Government Statistics on Legal Verdicts and Jury Awards - $ U.S. district courts terminated approximately 512,000 civil cases during fiscal years 2002-03. Nearly 20% or 98,786 of these cases were torts in which plaintiffs claimed injury, loss, or damage from a defendant’s negligent or intentional acts. $ Of the 98,786 tort cases terminated in U.S. district courts in 2002-03, about 2% or 1,647 cases were decided by a bench or jury trial. $ An estimated 9 out of 10 tort trials involved personal injury issues C most frequently, product liability, motor vehicle (accident), marine, and medical malpractice cases. $ Juries decided about 71% of all tort cases brought to trial in U.S. district courts; judges adjudicated the remaining 29%. $ Plaintiffs won in 48% of tort trials terminated in U.S. district courts in 2002-03. Plaintiffs won less frequently in medical malpractice (37%) and product liability (34%) trials. $ Eighty-four percent of plaintiff winners received monetary damages with an estimated median award of $201,000. $ Plaintiffs won more often in bench (54%) than in jury (46%) tort trials. The estimated median damage awards were higher in jury ($244,000) than in bench ($150,000) tort trials.
April 2006 - A Jury in New Jersey found last week that Vioxx significantly contributed to a 77-year-old man's heart attack awarded him $9 million in punitive damages yesterday, raising Merck & Co.'s liability in the case to $13.5 million and intensifying pressure on it to settle such lawsuits.
Example of Personal Injury Case 2004 : Ford Explorer rollover-prone and roof not crash safe and worthy- CASE TYPE : Product Design Defect, Auto Truck Vehicle - SUV,
Motor Vehicle – Rollover CASE : Buell-Wilson v. Ford Motor Co., San Diego Co.,
Calif., Super. Ct. GIC 800836 Los Angeles, Calif.
JURY VERDICT: $369,000,000 (369 Millions Dolalrs
2005 - In what may be one of the biggest massive medical malpractice tort verdicts in the state of Texas, a state jury awarded $606 million - including a remarkable $ 600 million dollars in punitive damages - to the family of an 82-year-old patient who had cancer and then who died after receiving an overdose of chemotherapy drugs.
2005 - In the 9th big loss for Ford in SUV Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 (wrongful death & Product Defect and Product Liability Issues)
Example of Personal Injury Lawyer Case 2004 : Dodge Caravan seatback collapsed on baby in a car-seat - CASE TYPE : Automobiles, Products Liability -
Product Design Defect, Wrongful Death, Motor Vehicle -
Rear-ender, Motor Vehicle - Passenger, Motor Vehicle - Minivan
CASE : Flax v. DaimlerChrysler Corp., Davidson Co., Tenn., Cir. Ct. O2C-1288
JURY VERDICT : $105,500,000 (105 Million Dollars
2005 – Billion Dollar Verdicts - In one of 2005's largest verdicts to an individual plaintiff regarding financial fraud , a Florida jury ordered Morgan Stanley Broker Dealer to pay $1.45 billion to investor Ronald O. Perelman for defrauding him in the sale of his camping gear company - Coleman.
2005 - February, a prominent Houston law firm and a Texas bank were SMACKED and Beaten with a $65.5 million verdict in a highly complex estate planning case that involved major problems and conflicts of interest. (65 million dollar jury award)
2005 – 3 years after a jury acquitted a company in Florida of manslaughter and criminal charges, a Florida civil jury SLAMMED the outdoor advertiser with a $65 million jury award verdict for the shock and electrocution of a sixth-grade boy.
Age Discrimination - In December, a Los Angeles California jury found that PrivatAir - an aviation company focusing on private airline services - wrongfully fired Captain Doyle D. Baker on the basis of his age, defaming him in the termination process and causing extreme emotional distress.
Punitive damages serve a number of important functions which—despite a few horror stories, which are themselves either apocryphal or overturned in the courts, the functions remain valid and in the public interest. Persons causing great harm—persons deliberately or with gross negligence causing great harm should not view paying damages as merely a cost of doing business, a cost that might fit neatly into a risk analysis of wrongdoing. That is what happened in the Ford Pinto case in which the cost of paying claims to victims of a known deadly hazard was deemed less than the cost to retool the assembly line, and thus the hazard was maintained knowing full well that further people—more people would be injured or killed.
This is the purpose of punitive damages, to punish this kind of egregious wrongdoing, and to deter, to be a deterrent to such conduct. It is not immediately clear why a deterrent—or the necessity of the deterrent should bear any great relationship to the amount of actual damages in a given case. There is nothing wrong and indeed something highly desirable in maintaining this disincentive to wrongdoing in an appropriate relationship to the harm and the conduct of the tort-feasor. This trend has led one commentator to suggest that ''[p]unitive damages have replaced baseball as our national sport.'' Theodore B. Olson, Rule of Law: The Dangerous National Sport of Punitive Damages, Wall St. J., Oct. 5, 1994, at A17. See also Malcolm E. Wheeler, A Proposal for Further Common Law Development of the Use of Punitive Damages in Modern Products Liability Litigation, 40 Ala. L. Rev. 919, 919 (1989) (''Today, hardly a month goes by without a multimillion-dollar punitive damages verdict in a product liability case.'').