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StevenEllmanLaw.com | 609-362-5933 | December 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
THE ART OF DEFENDING DUI CHARGES Every DUI Tells a Different Story
For some drivers, big trouble strikes during life’s quietest moments.
Breathalyzer … an outcome that rarely happens! We accomplished that first by refusing to give up and pressing our defense to the maximum extent allowed. And second, I highlighted defects in the state’s case. First, the officer (who was probably tired himself, given that the arrest was made at 4 a.m.) failed to follow the
A client of mine was driving home at 3 a.m. when he ran out of gas. He coasted to a stop but didn’t quite get his car all the way off the highway before he succumbed to the need to sleep. And it was right there, slumbering peacefully behind the wheel, that a police officer found him an hour later. Here’s an important fact about law enforcement: Many police officers figure there’s at least a 50–50 chance that anybody on the road between midnight and 3 a.m. is drunk. For them, writing DUI citations is like shooting fish in a barrel. No matter how well you perform on a field sobriety test, if you’re driving in the wee hours of the morning, you are at a very high risk of getting arrested. The officer pulled my client out of his car and began to perform a field sobriety test. This test entails three steps when properly performed: the horizontal gaze nystagmus test or eye test; the walk-and-turn test; and the one-leg stand. The officer administered the eye test to my drowsy client, who had just awakened from a deep sleep. Then, without completing the remaining two steps of the field sobriety test, the officer arrested him, saying he smelled of alcohol. The story gets worse: At the police station, my client refused a breath test, an offense that is very difficult to challenge in New Jersey. Under the state’s implied consent law, drivers must submit to chemical testing, such as a Breathalyzer, if they are suspected of DUI. The consequences for failing to do so are harsh. The moral of the story? If there’s even a remote possibility that an officer will smell alcohol on your breath … do not drive! When this client came to me, he was committed to working hard to overcome these charges, and I had his back. We fought the charges for nearly 1 1/2 years before finally reaching a conclusion. Last month, the judge reduced the DUI to a reckless driving charge, which carries lighter penalties, and actually threw out the charges for refusing to submit to a
protocols required before making an arrest, including asking my client such questions as “Where are you coming from?” and “What did you have to drink?” He also failed to complete all three steps of the field sobriety test. The officer didn’t do his job by performing the required due diligence, I argued. And that was my client’s saving grace. At the end of the day, it was a great victory. And my client and I accomplished it together. There are two lessons to be learned from this case. First, if there is even the slightest risk that you smell of alcohol or still have alcohol in your bloodstream, stay off the road at any hour, but especially between midnight and 3 a.m. And second, no two DUIs are alike. Each one entails a different set of circumstances that led to your arrest and charges. A skilled DUI attorney can unravel the minutiae in each case. If you or someone you care about is facing a DUI, don’t hesitate to reach out to us today.
–Steven Ellman
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Slips, Screams, and Settlements
A ‘LEATHERFACE’ LAWSUIT LEAVES A MARK
If you’re a horror film fan, you know how common it is for a would-be victim to trip and fall long enough to allow the killer chasing them to catch up and carry out some nasty deed. While this scene is a classic cliché of the genre, it would strike genuine terror in anyone’s heart if it played out in the real world, especially when you’re a 57-year-old woman with her grandchild in tow.
the movies. Instead of breaking character to help them, the actor playing the pretend psychopath continued to menace the two by standing above them with his torturous tool still in his hands. Claiming the incident left her and her granddaughter “extremely fearful and in mental distress and anguish,” Peters later sued Universal Studios for emotional distress and other injuries. After numerous trials, the suit was decided in Peters’ favor, resulting in a $15,000 judgment against Universal Studios for failure to keep its haunted house safe for occupants. While this case occurred in Florida, legal experts have opined that the verdict may have been the same in other states, since an unsafe wet floor wouldn’t be a reasonable expectation for anyone attending a haunted house attraction. While Hell’s High may have succeeded in frightening Peters and her granddaughter, the suit proves that horror-themed entertainment can sometimes be too scary, especially for the defendant’s legal counsel, and Leatherface is best encountered from the comfort of a TV or movie theater screen.
In the late 1990s, Cleanthi Peters accompanied her 10-year-old granddaughter to a Hell’s High haunted house attraction at Universal
Studios in Florida. As their walk-through was about to end, an actor portraying the menacing character Leatherface from the “Texas Chainsaw Massacre” film franchise began chasing them while wielding a fake chainsaw. As the frightened pair began running away from the grotesque antagonist, they slipped on a wet spot on the floor, just like in
Lights, Camera ... No Action?
WHY A REAL-LIFE DUI ARREST IS NOTHING LIKE TV
Popular TV shows like “Law & Order” and “NCIS” have led many people to expect high drama with every arrest: The accused defies police interrogators and demands a lawyer! Two aggressive attorneys battle each other in the courtroom!
Finally, starring in any courtroom drama of your own making is unlikely. Nearly every DUI case ends with a plea bargain or dropped charges. Trials are costly for everyone involved, and resolving cases sooner saves money. Also, experienced prosecutors and defense attorneys can examine all the available evidence and facts in a case and predict how it is likely to end. In many cases, prosecutors will be willing to negotiate lesser charges or reduced penalties. For anyone arrested on a DUI charge, one of the most significant factors in the outcome is whether they have an experienced, skilled defense attorney at their side. These valuable allies can intercede on your behalf at every stage of the process, examining the arresting officer’s conduct, scrutinizing the evidence for technical or procedural errors, and negotiating skillfully on your behalf. Are you or someone you love facing DUI charges? With the benefit of 40 years of experience, we can assist you by mounting the strongest possible defense. Call us today for a free consultation.
In real life, dealing with a DUI charge looks a lot different.
An officer can pull you over and arrest you without interrogating you, based on your demeanor and signs of alcohol use. Perhaps they saw you driving erratically or smelled alcohol as soon as you rolled down your car window. If the officer has enough evidence for an arrest, they don’t need to question you further. Also, while TV characters make a big show of demanding a lawyer, you aren’t entitled to one until after an officer formally charges you with a DUI. That means you’re on your own during critical stages of the arrest, including responding to a request to take a Breathalyzer test. (Drivers in New Jersey are required to submit to a breath test when asked, and refusing carries a significant penalty. If you decide to refuse a Breathalyzer, you will definitely need an experienced lawyer to help minimize the legal consequences.)
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You Can Be Arrested for DUI in Your Own Driveway! No Free Pass Many of us will be driving to parties at friends’ houses, private clubs, bars, or restaurants to celebrate the New Year. As the festivities wind down, some may head for their car for a break before hitting the road, to sleep it off and sober up. That is a big mistake. Under New Jersey law, you can be arrested for DUI on private property, even if you are “sleeping it off” behind the wheel of your car in a parking lot or a friend’s driveway. The state of New Jersey takes drunk driving very seriously. As some drivers learn the hard way, its drunk-driving laws apply whether you are on public or private property. The law holds that even if the car isn’t running, the fact that you’re sitting in it and controlling the keys is evidence that you’re about to commit a DUI (even though your intent might have been the opposite). Other complicated issues arise in private-property arrests, including determining whether the officer had probable cause to arrest you. They must have a legitimate reason to be on the property. If you’re sitting in a friend’s driveway, a neighbor’s call complaining to the police about too much party noise could justify an officer’s presence, but it doesn’t necessarily give the officer the right to look around the property. They must have a legitimate reason. If the officer asks and is given permission by the host to look around the property, then that might include walking up to the window of your car, seeing you asleep with the car keys in your hand, and waking and arresting you. If the officer does that without being granted permission by the person who controls the property, however, that could raise questions about probable cause and potentially render their search illegal. Although the penalties for DUI are the same whether the alleged offense occurs on private or public property, the fact that the alleged offense occurred on private property could help your lawyer negotiate a reduction or dismissal of the charges.
CARDINAL COOKIES FROSTY GINGERBREAD
GIFTS MENORAH MITTENS PEPPERMINT
PINECONES SAGITTARIUS SNOWBALL YULE
WHAT OUR CLIENTS ARE SAYING “I can’t say how grateful I am for everything this law firm did to help my case! Steve and his entire staff went above and beyond to ensure the best outcome for my situation. I highly recommend them! You won’t be disappointed! Thanks again, Steve!” –Eric Z. “I had my first DUI case ever, and my previous lawyers wanted me to plead guilty. I decided to get a second opinion, and I’m glad I did. This law firm helped me get a refusal instead, and the DUI was dismissed.” –Edrison V.
If you are facing a DUI charge, don’t try to do battle alone. Call us today for a free consultation to ensure you receive the best possible defense.
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617 Stokes Road, Suite 108 Medford, NJ 08055 StevenEllmanLaw.com 609-362-5933
Inside This Issue Unique Cases, High Stakes page 1 Terror Turns to Trial page 2 From Fiction to Fact: The Truth About DUI Stops page 2 The Surprising Places You Can Be Charged With DUI page 3 What Our Clients Are Saying page 3 The Hidden Price Tag on Clutter page 4
The Cost of Clutter We’ve all been there: staring at a closet full of clothes and thinking, “I have nothing to wear.” Or paying rent for a bigger apartment just to store things we barely use. Clutter isn’t just a space problem; it’s a money problem. Every unused subscription silently chips away at your finances. The good news is that minimalism offers a way out. Far from being about deprivation, it’s about reclaiming control of your space, spending, and savings.
HOW MINIMALISM CAN SAVE YOU THOUSANDS
more in the long run. Choosing durability and timeless designs over impulse buys protects your wallet and reduces waste. Simplifying Finances Clutter can even creep into your bank account. Old subscriptions, overlapping accounts, and unused memberships all nibble away at your budget. By canceling what you don’t use and streamlining your finances, you save money and reduce the mental load of tracking your bills. Downsizing Expenses One of the biggest financial wins of minimalism comes from downsizing. A smaller home or apartment doesn’t just mean lower rent or mortgage; it also slashes utilities, maintenance, insurance, and even property taxes.
The Hidden Price of ‘Stuff’ Every purchase comes with two price tags: the sticker price and the hidden costs. That $50 gadget isn’t just $50; it might also mean higher credit card interest if you’re carrying debt, or another box in the attic eating up storage space. The more we accumulate, the more we pay
to maintain, store, clean, and eventually replace those items. That’s where minimalism comes in. It forces us to ask: “Do I really need this, or is it just clutter in disguise?”
More Space for What Matters A clutter-free environment frees up
mental bandwidth. With fewer distractions, you can focus on what truly matters: building a side hustle, nurturing relationships, or enjoying a calmer, more intentional life.
Quality Over Quantity Minimalism doesn’t mean buying nothing. Instead, it’s about buying better. One high- quality pair of shoes can last for years, while three cheap pairs wear out quickly and cost
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