10 Best Award DUI 2015

Experienced Monmouth County DWI Lawyer Mark T. Apostolou, Jr. Fights For Clients Charged With DWI Offenses

A charge of driving while intoxicated, or DWI is an extremely serious offense in New Jersey.  You need an experienced Monmouth County DWI lawyer who knows how to put forward a successful defense, and not just attend court with you while you plead guilty.  If you are caught driving with a blood alcohol concentration (BAC) of .08% or higher in New Jersey, you will be charged with a DWI.  New Jersey also has what is known as an “implied consent law.”  This means that if you refuse to submit to the “breathalyzer” test, you will be subject to a fine and automatic suspension of your license.  You should never refuse to take a breath test, as it is against the law.  You may have heard rumors or stories of friends or family saying that you should refuse to take the test, but it is usually much harder to fight a refusal charge in Court than to challenge that you were actually under the influence of alcohol.  A refusal still carries a minimum 7 month loss of your driver’s license.

Defending Against the Alcotest

New Jersey’s “breathalyzer” test is the Drager Alcotest 7110, or simply the Alcotest machine. New Jersey adopted the Alcotest after the landmark DWI decision in State v. Chun found that the test was scientifically reliable. Mark T. Apostolou is experienced in defending against Alcotest results.  A Monmouth County DWI lawyer at Shebell & Shebell can help you make the best defense possible to try to eliminate or lower your DWI penalties.

The Alcotest takes two separate breath samples, and sends them through the machine’s two testing chambers.  The first chamber uses a chemical reaction from an electrochemical cell (known as the EC result).  These results then flow to a second chamber where infrared lights, called infrared spectroscopy (the IR result), are obtained.  The machine then purges itself of the air sample, and prepares for the subject to submit a second breath sample for testing.  This process results in four distinct BAC readings, and it is designed to provide accurate results.

Many complex procedures are employed in administering the Alcotest and obtaining an accurate result.  For example, police officers must observe the suspect for 20 uninterrupted minutes directly prior to taking the Alcotest, and remove all cell phones from the testing room.  Mark T. Apostolou can help determine if any errors occurred, resulting in a wrongful arrest or wrongful charge of DWI.

There is No Significant Difference Between a DWI and DUI in New Jersey

The term “Driving Under the Influence,” or DUI, is used interchangeably with the term DWI in New Jersey.  New Jersey’s DWI statute, N.J.S.A. 39:4-50, prosecutes every type of influence or intoxication the same – regardless of whether the subject was driving under the influence of a drug or alcohol.  An experienced Monmouth County DWI lawyer can help explain to you the intricacies of the statute, and what defenses you may have.  The first sentence of N.J.S.A. 39:4-50 simply makes it illegal to operate a motor vehicle ‘while under the influence’ of any intoxicating substance.  Whether you have been arrested for driving under the influence of marijuana, prescription drugs, or alcohol, you should contact an experienced DWI lawyer immediately.

A Monmouth County DWI Lawyer at Shebell & Shebell Will Employ a Variety of Successful Defense Strategies on Your Behalf

Some of the common strategies for defending against a DWI charge include:

  • Constitutional defenses: you may have been subject to an unconstitutional motor vehicle stop.  If so, Mark T. Apostolou can file a motion to suppress unlawfully obtained evidence.
  • Improper police procedures: at Shebell & Shebell, we can challenge field sobriety tests, the 20 minute observation period, administration of the Alcotest, or the Alcotest machine itself.
  • We can employ the highest caliber experts to testify on your behalf.

Hiring the right Monmouth County DWI lawyer can save you money.  The penalties for a DWI conviction, even for first time offenses, are very steep.  First time offenders may be subject to costly fees, loss of license and potential jail time.  By hiring the right lawyer, we can help prevent additional New Jersey fines and annual insurance surcharges that can cost you thousands.  We can also help you fight against other penalties, including mandated use of an embarrassing and expensive ignition interlock device and community service.

If you have been arrested for DWI in New Jersey, you need outstanding representation.  Contact Shebell & Shebell, an experienced Monmouth County DWI lawyer at 866-957-5237 or contact us online today.

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Thomas Shebell was an A M A Z I N G attorney for our personal injury case. He made himself available to all our questions and concerns during the whole process. We were very nervous about it all and he set our fears to rest. You instantly believe in him after your first meeting. He was serious yet empathetic, had superb legal knowledge, and great judgement. His staff is also top notch. Words cannot describe how wonderful a lawyer we believe Thomas Shebell to be and would highly recommend him.
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My hero, my attorney who is always there for me!

Tom Shebell has represented me and my family members in several cases. Tom is the most prepared lawyer I have ever seen, and demands respect in and outside of the court room. His staff is amazing and never makes you feel as if you are bothering them. I always feel that I am his most important client, and he always takes my call. If he is busy, I am reassured that he will get right back to me and he does. His knowledge of the law and research on your case is impecable, and will never give up until he gets the results that he feels are the best for you. Although he is the most professional attorney I have ever worked with, he refers you call him Tom (not Mr. Shebell), and I am most comfortable calling him Tommy. His cell phone is on his answering service, to comfort you and assuring you that you can reach him if necessary, no matter what. I will never retain another lawyer, unless it is a case that he cannot handle. That has never happened to me. Unfortunately, Tommy is handling a very emotional case for my family, and whenever we discuss it our meet together he is very comforting to us. For a family man, and extremely busy attorney to handle matters like this, it truly takes a special type of person, and extraordiinary human being. If anyone take my advise, Tom Shebell, III is the only attorney that should be called first, and believe me you will not make another call. As I said in my title, he is my true "hero"!
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I am Grateful I was able to have Thomas Shebell for my Lawyer

Thomas Shebell and his staff were very good to work with. They were always professional, but also very down to earth and real. I always felt that my best interest was their main concern. I was always able to call with questions and concerns and was never made to wait or to feel like I was inconveniencing anyone. I always felt that they knew instantly who I was and what was going on with my case. In the end, Thomas was able to get the best possible settlement for me. I am very grateful to have been treated like my case truly mattered to them.
Posted by Toni on March 28

Ferocious Fighter

Tom Shebell and his firm came highly recommended by several reputable people in the community. I come from a family deeply rooted in law enforcement, so I greatly appreciate that Tom grew up with the law as well, hailing from a family of highly respected attorneys. He easily grasped the complexity of my case and eased my concerns, while ferociously fighting for me. One of the moments that stands out to me the most was when I voiced a concern over possible retaliation and he said, "they're going to have come through me first." I wholeheartedly believed him then and now. There is no one else I'd want in my corner than Tom Shebell.
Posted by on February 23

A League Of His Own

Mere words cannot express my gratitude to Thomas F Shebell III. He took on a case, that other attorneys would shy away from and fought vehemently for my husband, myself and our daughter. His tenacity is only surpassed by his kindness and compassion for his clients well-being. I would recommend Mr. Shebell III to anyone who may need an attorney to guide them through a difficult time and see them through to a successful end. Many thanks again to him and his staff!!