Law Office of Steven Ellman - March 2025

Check out our March newsletter!

StevenEllmanLaw.com | 609-362-5933 | March 2025

MEDFORD OFFICE 617 Stokes Road, Suite 108 Medford, NJ 08055

NEW BRUNSWICK OFFICE 317 George St, Suite 320 New Brunswick, NJ 08901

NEWARK OFFICE One Gateway Center, Suite 2600 Newark, NJ 07102

DUIs: A Speed Bump in the Road of Life Beating the Odds

An arrest for a DUI can seem like a disaster when an officer cuffs you, impounds your car, and takes you to the police station.

But being treated like a criminal doesn’t mean you’ll be found guilty! Despite the harsh treatment, anxiety, and stress, a majority of our clients are set free with charges dismissed. For them, a DUI is just a speed bump in the road of life. Of course, avoiding getting charged is a better option. Two big events this month are occasions known for partying and drinking: St. Patrick’s Day and March Madness. We want you to enjoy yourself but also to be careful and drive safely — or take an Uber. If you are arrested on a DUI charge, I am here to help. If any chance of getting a DUI dismissed exists, I will find it. With the benefit of my 39 years of experience in defending clients, I get DUIs dismissed almost daily. Admittedly, these are amazing results, but it’s not rocket science. I’m just a hardworking, humble guy who will always go the extra mile to defend my clients. While some attorneys hide the ball, I’m very open with my clients about how we will defend them. We are committed to transparent communication. After talking with my clients, I can usually identify any flaws in prosecutors’ cases and tell them the likely outcome. DUIs can happen to the finest people, triggering major worries about their careers, families, and homes. And common misperceptions burden many clients. Just because you refuse a field sobriety test, for example, you won’t get a refusal ticket. The dance you do in the street with the officer won’t result in a refusal charge. That can only happen after you are taken back to the station and read a statement from the attorney general. At that point, if you refuse to blow in the machine, you will be charged. Refusals at that stage can be defended and dismissed, but that requires a very close look at how the police handled the entire procedure.

She clearly did not understand its meaning. Our potential defense in that case is her inability to understand the statement.

We also defend drivers charged with DUI based on the detection of marijuana or prescription drugs in their blood or urine. I recently won the dismissal of charges against a client who drove off the road and crashed into a tree. She had, at some point, smoked marijuana, and she also had been taking a cocktail of prescription drugs for a mental disorder. Traces of THC were detected in her urine test. However, we were able to show that THC can show up in urine as much as a month or more after usage. Also, the prescription meds she was taking carried no warnings to avoid driving after taking them. A very tough prosecutor agreed to dismiss the charges against my client based on our rigorous defense. If you turn to us for help with DUI charges, you will receive the same kind of attention and care. If I happen to be in court when you call, my assistants are trained to understand the sensitive details of DUI cases and can take your information. If you or someone you care about has been charged with a DUI in New Jersey, don’t hesitate to contact us today at 609-362-5933. –Steven Ellman

I was working with a client recently who refused the breath test. After the statement was read to her, she asked the officer to read it again.

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Michelin Magic For culinary creators worldwide, earning a Michelin star is like winning an Olympic gold medal. Chefs with excellent kitchen skills and outstanding customer service receive the honor. Late French chef Joël Robuchon holds the world record with 31, while TV star Gordon Ramsay rose to international fame and marked his hot- tempered journey to TV stardom by achieving 17 stars for his many restaurants. But how did this legendary distinction in the cooking world begin? tire care, and recommendations for hotels and restaurants along popular French travel routes. As the guide grew in popularity, the company THE MARK OF CULINARY MASTERY

expanded its content to include anonymous restaurant reviews. In 1926, it introduced “the Michelin star” to recognize the eateries it considered the best in the country. Today, the bestselling publication reviews more than 40,000 restaurants across three continents. Only 146 restaurants worldwide — or less than 1% of those rated by the guide — have received three Michelin stars. In Ramsay’s mind, receiving that rare level remains the ultimate benchmark in his profession. As he stated in a 2024 article in Parade, “As a soccer player, I wanted an FA Cup winner’s medal. As an actor, you want an Oscar. As a chef, it’s three Michelin stars; there’s no greater than that.”

If you’ve ever had the pleasure of dining at a Michelin-honored establishment, you have the automotive industry to thank. As its name implies, the star system was the brainchild of the Michelin tire company. To help inspire consumers to drive more — and increase the demand for tire purchases — it began publishing “The Michelin Guide” in France in 1900. The publication included maps, tips on

HOW TO GET YOUR DUI THROWN OUT DISMISSED!

For drivers hauled into a police station on DUI charges, dismissal may seem like a dream. And it’s true that getting a DUI thrown out can be complicated. But it isn’t impossible, and with the help of a skilled DUI attorney, your odds may be good. Here are four of the most oft- explored routes to dismissal. Lack of Probable Cause Did the police officer have a good reason for pulling you over? If you committed a traffic violation or were weaving erratically on the road, that serves as probable cause for an officer to investigate. If the officer can’t prove they had a good reason, any evidence they collect during that stop, such as a field sobriety test, might be thrown out in court. Field Sobriety Tests Although officers are trained to administer tests of a driver’s balance, coordination, and ability to control their attention, the tests are still

sometimes inaccurate. Medical problems, poor lighting, or an uneven surface can cause sober suspects to fail. If a court finds a field sobriety test was administered improperly or the results are invalid, the test may be thrown out. Breathalyzer Tests Breath-testing devices are useful but not always reliable, and attorneys often challenge them in court. They estimate blood alcohol levels by gauging alcohol in the breath and are vulnerable to error. The device may be improperly calibrated, or the officer may make a mistake in using it. Also, suspects who work around paint or cleaning chemicals or who have diabetes or gastric reflux may receive a false positive reading. Even following a low- carb diet can result in false positives. Procedural Mistakes Other police slip-ups can get your case thrown out, including failure to read you your Miranda

rights or mishandling evidence. Suspects are often asked to take a blood test after arriving at the police station, for example, but these samples are open to challenge if they were administered or handled incorrectly. An experienced DUI attorney is well-prepared to spot these and other weaknesses in the prosecution’s case, either to have evidence thrown out or reach a plea deal that eventually leads to dismissal. We pursue every client’s case with the diligence and skill required to obtain the best possible outcome.

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Be Smart When Navigating a DUI Checkpoint KNOW YOUR RIGHTS! No driver heading home from a late-night social event likes to see the flashing lights of a police barricade ahead, checking motorists for drunkenness. Sobriety checkpoints are legal in New Jersey and 37 other states, however, and they can be intimidating if you don’t know your rights. DUI checkpoints, also called sobriety checkpoints, are often held on busy streets near entertainment districts during holiday and weekend nights. Research has linked these checkpoints to reduced alcohol-related crashes on the highway. Drivers have a right to advance notice of a checkpoint, such as warning signs and lighting. Police are required to stop cars based only on specific criteria — such as intercepting every third car — rather than picking drivers based on their appearance. Officers also must follow the correct procedures when questioning drivers, or any evidence they collect may be thrown out. Drivers are legally required to show their license and vehicle registration, but they are not legally required to answer questions such as “Where have you been?” or “Have you been drinking?” If police see a driver with slurred speech, bloodshot or glassy eyes, or a smell of alcohol on their breath or in their car, they will ask them to pull into a separate area for a field sobriety test. Drivers aren’t required to submit to field sobriety tests. But if you refuse, be polite! If you’re rude, the officer is more likely to hit you with every possible charge. Drivers also have the right to refuse a vehicle search — unless the officer has probable cause or reason to believe they will find evidence of a crime. Under the state’s “implied consent” laws, drivers are obligated to submit to breath, blood, or urine tests for alcohol. You aren’t required to take a Breathalyzer at a checkpoint, but if you are arrested on suspicion of DUI, you are legally required to submit to these tests at the police station. If you refuse, your license could be suspended for a year. The laws governing sobriety checkpoints are complex. Retaining an experienced New Jersey DUI lawyer is essential if you are hit by charges after a checkpoint stop. If you have questions or concerns, contact our office today. We will be happy to work with you to protect your rights!

AQUAMARINE BASKETBALL BLUEBIRD CLOVER

GREEN IDES LEPRECHAUN MADNESS

PISCES SPRING TANGERINE TULIP

WHAT OUR CLIENTS ARE SAYING “Mr. Ellman and his staff helped me out of a complicated matter and got me a very just solution. Also, his fees and payment options allow you to obtain legal counsel without suffering from the crisis of being unable to afford help or going into major debt. He is extremely caring and gracious, and I’m very glad I retained him. Thank you to him and his team.”

–Mare K.

“I would recommend anyone to The Law Office of Steven Ellman. I was struggling to look for the perfect team to help me with my first-ever case. I was getting letters and calls from different lawyers left and right. It was very overwhelming, and I started to give up until I got a call from Rebecca Shugars from Steven Ellman’s team, and that was it. Apart from her exceptional professionalism, she presented me with a plan and made me feel like I was in good hands. She made me comfortable and was very down-to-earth, and lawyer Steven Ellman was heaven-sent. Both of them combined kept me up to date with everything. They were open to my opinions. Thank you for keeping me sane during this difficult time.”

–Pamela S.

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617 Stokes Road, Suite 108 Medford, NJ 08055 StevenEllmanLaw.com 609-362-5933

Inside This Issue How a Tenacious Defense Can Protect Against DUI Charges page 1 A Chef’s Truest Triumph page 2 Legal Strategies to Get Your DUI Charges Dismissed page 2 Know Your Rights at a DUI Checkpoint page 3 What Our Clients Are Saying page 3 Food-Based Courtroom Follies page 4

Bizarre Fast-Food Legal Battles BEEF BRIEFS

Is seeing always believing? Well, plaintiffs in two of the oddest legal cases in recent years set out to show the world that what ends up on our trays or in our drive-thru bags may not be as scrumptious as fast-food joints promise in their ads. A Clash With Burger King Readers of a certain age may remember Wendy’s’ famous “Where’s the Beef?” campaign that brilliantly marketed the quantity of meat in its burgers compared to those other popular fast-food restaurants sold. Decades later, a New York resident launched a one-man mission to prove that one of Burger King’s modern-day competitors, Taco Bell, failed to heed the burger giant’s lead. In the summer of 2023, Frank Siragusa filed a class action suit against Taco Bell, alleging the company had “materially overstate[d]

the amount of beef and/or ingredients” in its advertising for its Mexican Pizza and Crunchwrap menu items. Siragusa’s suit includes photographic evidence comparing the robust size of the advertised products versus the actual ones he purchased. While the case was ongoing as of this writing, Siragusa’s love for fast-food beef cannot be disputed. A Vegan Vendetta Vanquished Although only 3% of the adult population in the U.S. identified as vegan, according to research presented by the Vegetarian Resource Group in 2022, people who refuse to eat any animal-derived products remain a passionate and vocal minority. In 2019, a vegan named Philip Williams took Burger King to court after learning that the patty in his Impossible Whopper — marketed as a meat-free alternative to the popular burger — had been cooked on the same grill as beef products.

In his suit, Williams argued that because Burger King had added a plant-based meal option to its menu, consumers were led to believe the meal would be prepared separately from the animal-based items in the kitchen. The judge disagreed, later dismissing the case and noting that Burger King’s marketing of the Impossible Burger promised only a meatless patty and nothing more. The lesson learned? Sometimes, even in the world of fast food, what you see is what you get.

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