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StevenEllmanLaw.com | 609-362-5933 | April 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
Building a Bulletproof Case to Protect You DETERMINED DEFENDER
Many people who have just been charged with DUI think they’re doomed. They panic when they see the flashing lights of a police car in their rearview mirror and jump to frightening conclusions — that jail time is inevitable or they will lose their driver’s license. We hear so much anxiety in the voices of prospective clients when we receive that first call. My goal is to have a calming effect, reassuring clients and establishing trust. Everybody makes mistakes. That doesn’t make you a bad person. Also, just because you blew over a 0.08% doesn’t make you guilty. People from all walks of life are hit by DUI charges. My clients include retired schoolteachers, nurses, doctors, psychiatrists, pharmacists, other lawyers, truck drivers, and students. In that first call, I try to de-escalate the tension. I strive to understand what is going on in their lives. And I work hard to reassure them all is not lost. Our confidence in dealing with clients is hard-earned. In a recent five-year period, we achieved an 82% success rate for clients in getting charges dismissed or reduced. And prosecutors throughout the state know I will take a case to trial if necessary to win the best possible outcome for my clients. A DUI charge in New Jersey is considered a serious traffic violation rather than an indictable crime, but the charges can quickly escalate depending on the circumstances, such as the driver hitting another person or vehicle. Regardless of the circumstances, we employ the most powerful criminal defense strategies to defend our clients. Was the evidence tainted? Did the officers follow precisely the protocols for arresting someone on DUI? We do everything we can to raise a reasonable doubt that our clients are guilty. Our cases become our causes. Just because you blew way over 0.08% doesn’t mean the BAC readings weren’t contaminated in some way, as discussed in a separate article in this newsletter. We will explore clients’ medical records, health status, and day-to-day contact with potential contaminants to look for possible reasons a BAC reading might have been inaccurate. If a client performed poorly on the field sobriety test, we look for medical reasons, such as recent knee replacement surgery.
We consult with experts, including people with 20–30 years of experience on the state police force, who help us dissect the protocols police are required to follow when performing an arrest or gathering evidence. Prosecutors know I am aggressive and zealous in my efforts to win the best outcome for my clients. Time after time, they reduce the charges after I inform them about the defense I have prepared. If a client has acted foolishly and done something outrageous, such as trying to run from the cops, I look for reasons that show the person is worthy of redemption, asking, “What is going on with you? What are you doing to improve your life? What can I do to prove to the prosecutors that you are worth keeping out of state prison? Are you in recovery? Are you active in church? Have you taken steps to show you have corrected your behavior?” At that point, I am doing damage control. When clients are lost, they need direction. All of these practices are what make us different. I am a fighter. I have the passion, energy, and skill to mount the best possible defense for each of my clients. If you or someone you know has been charged with DUI in New Jersey, call us today. We will do everything we can to secure the best possible outcome. –Steven Ellman
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When Myth Meets Reality
FAIRY TALES IN COURT
In 17th-century Sweden, stories of fairies and other supernatural beings weren’t just the stuff of folklore — sometimes, they even showed up in court. Tales of people falling in love with these creatures fascinated communities and blurred the line between myth and reality. These beliefs influenced real- life events, leading to bizarre legal disputes and societal consequences. Historical Tales of Fairy Romance Documented examples from Swedish history involve people claiming they had romantic relationships with fairies. According to court records, these claims weren’t uncommon during the 1600s, when many believed in supernatural creatures. Cases often involved accusations of kidnapping, enchantment, and
moral corruption, which mirrored the era’s deep-seated anxiety about the influence of otherworldly powers. These stories went beyond the fantastical and were deeply tied to the cultural norms of the time. Accusations often targeted those on the edges of society, reflecting how supernatural elements could support real-world prejudices. While these cases might sound unbelievable today, they show how folklore influenced people’s actions and even legal proceedings. Why These Stories Resonate The allure of fairy romance tales remains strong. Modern literature and media frequently draw inspiration from such
Authors like Philip Pullman, for example, have crafted thought-provoking retellings, such as his “Grimm Tales,” giving us new ways to look at classic ideas.
stories while reimagining them to explore contemporary themes and societal issues. The continued interest in fairy folklore highlights its timeless relevance. Stories like those from Sweden 400 years ago — where claims of fairy romance sparked legal disputes — bridge the past and present and remind us how imagination and belief have shaped history. CHARGED WITH DUI?
Mistakes to Avoid When Facing a DUI
Getting pulled over on a suspected DUI is an unnerving experience that causes many people to act impulsively. The mistakes drivers make during the moments and hours afterward can sharply increase the likelihood of harsh penalties, including fines, license suspension, and incarceration.
Also, resist any urge to talk about your DUI charge with anybody other than your lawyer — including your cellmate, your social media followers, or your friends. Putting more information out there in the world only increases the risk that some of it will come back to haunt you. Refusing a Breathalyzer Test Simply saying no to a blood alcohol content (BAC) test puts you at risk of having your driver’s license revoked. Based on the state’s implied consent law, all driver’s license holders in New Jersey automatically agree to take one when granted a license. Some clients wrongly assume refusing a BAC test will prevent the state from proving they had been drinking. But a police officer’s testimony that you were driving erratically or smelled of alcohol is considered proof by the state. A better route is to take the test and let your attorney fight it in court. If you are facing DUI charges, contact our office as soon as possible for a free consultation. We will be happy to prepare the strongest possible defense on your behalf!
To avoid hurting your chances of acquittal, avoid these three major mistakes. Hiring an Inexperienced Lawyer A great criminal defense attorney doesn’t necessarily have the skill required to protect you in a DUI case. You need a lawyer with the technical
know-how to challenge field sobriety and blood alcohol tests and the experience to spot procedural errors by officers during your arrest. In a related blunder, don’t hire the right lawyer too late! Move quickly to retain an experienced DUI lawyer, so they will have as much time as possible to gather evidence on your behalf. Talking Too Much Being pulled over on a DUI can create a wave of anxiety, and some people respond by protesting, pleading, or arguing. Keeping quiet is smarter. Give the officer only your driver’s license and registration. And when they ask additional questions, politely decline to answer without your lawyer present.
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FACTORS THAT CAN SCRAMBLE DUI TESTS Breathalyzer Blunders Being asked to blow into a Breathalyzer device can be unnerving for a driver who has just been pulled over. Results that exceed the 0.08% limit on blood alcohol content (BAC) can have dire consequences for a driver’s future. Many factors may call the results of those BAC tests into question, however. Some of the errors are procedural. An officer’s failure to follow the strict operating guidelines of the Dräger Alcotest 7110,
ARBOR ARIES
CHOCOLATE DAISY DIAMOND FOOLS
GARDEN KITE
BASEBALL CHERRIES
RAINBOW SHOWERS
a breath-testing device widely used in New Jersey, can lead to the evidence being thrown out. Also, the officer administering the test must be trained and certified to do so, and the machine must be calibrated and maintained properly. As skilled DUI defense attorneys know, a driver’s use of certain medications can lead an officer to arrest them for intoxication when they are not actually drunk. Use of an inhaler for asthma or COPD containing albuterol, salmeterol, or budesonide can elevate the reading. Remnants of mouthwash, breath sprays, or denture adhesive cream in a driver’s mouth have been known to alter readings. Exposure to chemicals, paints, and adhesives can also change the results.
WHAT OUR CLIENTS ARE SAYING “I hired (Steven Ellman) very recently … and I just thought he deserves an early review because within four days of hiring him, he had gotten all of my warrants cleared and also my license was reinstated after seven years of not being able to drive or go back to NJ. He has been absolutely amazing so far, and the communication is on point always. I fully trust him to do the best he can with my case. Thanks so much for everything!” –Tresia O. “Steven Ellman was very professional and effective at a great price. He went above and beyond to get my original charges dropped and I’m beyond satisfied with the end result. I recommend him to anyone looking for someone who is not only NOT going to overcharge you but put 100% into getting the best possible outcome you can get. Any other lawyer I’ve ever used charged me four times the amount and did the bare minimum, but not him. Professional, great price, and willing to set up a payment plan, and just all around very comfortable to talk to. By far the best results I’ve ever gotten from a lawyer. I highly recommend Steven Ellman to anyone who wants someone to fight for them and their case!” –Grace R.
Certain medical conditions also can invalidate the results. Suffering from gastroesophageal reflux disease (GERD) may lead to an inaccurately high BAC reading. Diabetes is another confounding factor because it can cause ketones in the breath when blood sugar is high. Vomiting or belching can increase alcohol in the mouth. And simply eating certain fermented foods such as kimchi or sauerkraut, or following a low-carb keto diet, can cause acetones in the breath, distorting the reading. All of these flaws make Breathalyzer tests open to legal challenges. If you or a friend or family member are facing a DUI, do not hesitate to contact us. We will welcome an opportunity to mount the strongest possible defense on your behalf.
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
617 Stokes Road, Suite 108 Medford, NJ 08055 StevenEllmanLaw.com 609-362-5933
Inside This Issue Facing a DUI Charge? There Is Still Hope page 1 Bizarre Tales of Fairy Romance page 2
Mistakes to Avoid When You Are Suspected of DUI page 2
Medical Conditions That Can Void Breathalyzer Results page 3 What Our Clients Are Saying page 3 A Pizza Delivery Nightmare in Florida page 4
A $2 TIP TURNS VIOLENT When Delivery Disputes Go Too Far
What started as a birthday celebration for a 5-year-old girl quickly took a dark
The attackers fled the scene, and Irizarry was taken to a local hospital. In addition to 14 stab wounds, Irizarry suffered a ruptured lung during the attack. While receiving treatment, she also discovered she was pregnant. Alvelo was later arrested and charged with multiple counts, including attempted murder, kidnapping, and home invasion with a firearm. Her accomplice remains at large. Unusual Nature of the Case This case stands out not only for its brutality but also because it flips the typical narrative involving delivery drivers. According to the Bureau of Labor Statistics, delivery drivers are more at risk of assaults than other professions. While disputes over tips are not unheard of, they rarely lead to violence. However, reports of assaults among delivery workers, particularly in the gig economy, are surprisingly common. Studies show that 1 in 5 food app workers are assaulted on the job, and over one-third of delivery drivers feel unsafe. Regardless of who is on the receiving end, cases like these underscore how everyday activities can lead to life-altering events with serious consequences for all involved. Always be vigilant.
turn when a Florida delivery driver stabbed a woman multiple times over a bad tip. According to court documents, the December 2024 incident occurred at a Central Florida motel where the victim, her boyfriend, and daughter were staying.
The Incident After placing a $33 delivery order from Marco’s Pizza, the victim, Melinda Irizarry, tipped the delivery driver $2. Dissatisfied with the tip, the driver, 22-year-old Brianna Alvelo, reportedly returned to the motel with an unidentified male. Alvelo and her accomplice allegedly forced themselves into Irizarry’s motel room, brandishing a revolver. The attackers forced Irizarry’s boyfriend into the bathroom, and Alvelo produced a pocketknife before rummaging through the group’s belongings. Irizarry turned to shield her daughter and reached for the motel phone when Alvelo allegedly began attacking her with a knife, inflicting multiple stab wounds to her legs, arms, chest, and abdomen.
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