Legal Elements of A DUI

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

As part of any defense to a second or subsequent offense DUI charge, the accused should consider the possibility that a prior DUI conviction can be vacated. If a prior conviction is permanently vacated, the potential penalties for the present offense become substantially less severe.

The most common and least complex method for challenging a prior DUI conviction is to analyze the factual basis for a guilty plea. Municipal courts accept the factual bases in the vast majority of cases. They tend to be far more informal than superior courts with regard to the legal requirements.

The required elements of a DUI under N.J.S.A. 39:4-50 are that the defendant:
1) operated or intended to operate an operable;
2) motor vehicle;
3) while under the influence of alcohol or a mind-altering drug or with a blood alcohol concentration of .08 or above.

Courts often accept guilty pleas to observation cases with no elaboration on what is meant by “under the influence.” It is a technical term of art defined by the New Jersey Supreme Court as “a substantial deterioration or diminution of the mental faculties or physical capabilities of a person.” While this exact phrase does not have to be used during a plea, the colloquy should involve more than a defendant or judge just parroting the words “under the influence.” Otherwise, there is a strong argument that the defendant’s guilty plea should be vacated because s/he did not plead guilty “knowingly.”

Stay tuned for additional tips and remember that the best DUI defense is a designated driver. Have a great Memorial Day week-end!

Alcohol DUI
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From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
Steve
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Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
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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..
Jeff M
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Very good, extremely professional ,
Franco F
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Fred Sisto is amazing!! Definitely recommend
Jen A
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Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
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....and his Dog Gonzo is a great attorney.
Duane H
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
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Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
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Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V