DWI and Admissions to Operation

While we await the return of DWI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DWI conviction.

It is common for people to be charged with DWI even when the police did not observe them operating a motor vehicle. This most often occurs after the person admits to operation or admits to an intent to operate.

When an admission is alleged, one of the potential defenses lies in having the admission excluded from evidence. Whether this can be done is a fact-sensitive inquiry that often turns on whether the defendant was “in custody” during any admissions.

Miranda warnings and waivers are only required if there is custodial interrogation. In Miranda, the United States Supreme Court defined “custodial interrogation” as “questioning initiated by law enforcement after a person has been deprived of his freedom of action in a significant way.”

New Jersey’s Appellate Division addressed the “in custody” issue regarding suspected drunk drivers in the 2005 case of State v. Ebert. There, although the police officer suspected that the defendant had been driving while intoxicated, she was not “in custody” until after the officer located her car, observed her difficulty in walking, and conducted field sobriety tests. Thus, the statements she made before the field sobriety testing were admissible against her at trial. The key was that there was no “significant deprivation of action” before the testing. Recall that you should never agree to perform field sobriety testing.

The best approach in dealing with any on-scene questioning is to be polite and respectfully decline to answer any questions aside from basic pedigree information (name, date of birth, etc.) If the police tell you that they will have to arrest you if you do not provide more information, then let them arrest you. It is better to spend some hours in police custody then it is to provide them with admissions that they can use in court as bases for far more serious penalties.

Stay tuned for additional tips and remember that a designated driver is the best way to avoid a DWI. Your best DWI defense is to call Fred Sisto.

Have a great week-end!

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Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
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On time and on point. Very knowledgeable
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Fred Sisto is easy to work with. He explains all the intricate detail in an our language not lawyers lingo. He is also very responsive to questions you communicate to him. All of this and he was able to arrange a very favorable deal on top of being a good guy.
Frank T
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Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
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I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
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He is the best professional to have on your side taking care of your interests. Your in the best of hands.
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I wholeheartedly recommend the legal services of Frederick Sisto. Mr. Sisto brings with him a wealth of knowledge, experience, and professionalism - qualities that make him highly effective at providing legal counsel.
John D
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Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
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I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
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