Attorney Michael Fienman was contacted by a former client to help with a New Jersey DUI charge. Mr. Fienman is licensed to practice in both Pennsylvania and New Jersey and holds a certificate in Field Sobriety Testing through the National Highway Traffic Safety Administration (NHTSA). The client had been pulled over for allegedly swerving as he drove down the highway. He was given a field sobriety test and, breathing barely over the legal limit, was arrested for a DUI.
Fienman believed his client when he claimed he wasn’t swerving. The experienced DUI attorney gathered discovery, including video of his client’s arrest. The footage showed the client was driving within the lane.
Fienman was prepared to fight the case and filed a motion to suppress. He argued there was a lack of reasonable suspicion for the arrest, and the prosecutor who examined the video admitted Fienman had a strong case.
Rather than lose at trial, the prosecution offered Fienman’s client a reduced charge of reckless driving which has minimal consequences in NJ (when compared to PA). Fienman consulted with his client, who did not want to risk losing at trial, and he accepted the deal for a couple of license points and a small fine.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.