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DWI, Traffic & Criminal Law
This attorney is one of approximately 40 New Jersey Attorneys who are certified by Drager, the manufacturer of the Alcotest 7110 breath testing device. Damiano M. Fracasso, Esq. will assist clients with services which include, but are not limited to: police station interrogations, voluntary surrenders, entering a plea of not guilty, preparing and arguing bail reduction motions, demanding discovery, providing reciprocal discovery, obtaining evidence through the New Jersey Open Public Records Act, preparing motions to compel the State to provide discovery, preparing and arguing motions to suppress evidence obtained during illegal searches and seizures, preparing and arguing motions to suppress illegal confessions, preparing and arguing motions for di minimis infractions, preparing and arguing motions for a change of venue, negotiating a plea agreement, applying for programs in lieu of incarceration (Conditional Discharges, Probation and the Sheriff's Labor Assistance Program), subpoenaing witnesses, utilizing expert witnesses (proper maintenance & operation of breath testing machines, proper administration of field sobriety tests, proper testing of blood, accident reconstruction, proper operation of speed measuring devices, proper lab analysis of drugs and more), trying the case in front of a judge ( juries are not permitted in Traffic Court in most cases), cross examining witnesses, preparing a sentencing argument, preparing and arguing Post Conviction Relief Motions.
This law office accepts cases in these and other related violations of the New Jersey Traffic and Motor Vehicle Law:
- Driving while under the influence (DUI)
- Driving while under the influence of Drugs
- Driving while under the influence of Prescription Medicine
- Refusal to provide a breath sample
- Underage driving while under the influence of Alcohal or Drugs
- Allowing intoxicated driver to operate your automobile
- Speeding (laser, radar and pacing)
- Driving without Insurance
- Driving without a License
- Driving an unregistered vehicle
- Driving while suspended
- Careless Driving
- Reckless Driving
- Racing on a Public Roadway
- Drugs or Paraphernalia in a Motor Vehicle
- Possing an open container of alcohal in a vehicle
- Leaving the scene of an accident
- Possession of drugs in a motor vehicle (actual and constructive)
- Failure to report an accident
- Theft of cable & other utilities
- Driving while talking on a cell phone
- Running a stop sign or traffic light
- Driving the wrong way on a one way street
- Failure to maintain lane (weaving or swerving)
- Abandoning a motor vehicle
- Passing a school bus or frozen dessert truck
- Failure to use signal
- Illegal Passing
- Obstructing Traffic
- DMV Appeals & Hearings
- School Zone Offenses
- Safe Corridor and 65 MPH Zone Violations
- Appeals (Must be filed within 20 days of conviction)
- First Time and Multiple Offenders Welcome
Click here to read Damian's 10 Most Common Traffic Court Misunderstandings
Criminal & Juvenile Law
Police station interrogations, voluntary surrenders, entering a plea of not guilty, preparing and arguing bail reduction motions, demanding discovery, providing reciprocal discovery, preparing and arguing motions to suppress evidence obtained during illegal searches and seizures, preparing and arguing motions to suppress illegal confessions, preparing and arguing motions for de minimis infractions, preparing and arguing motions to dismiss Grand Jury Indictments, preparing and arguing motions for a change of venue, negotiating a plea agreement, applying for programs in lieu of incarceration (Pretrial Intervention, Probation, Conditional Discharges & Drug Court), subpoenaing witnesses, utilizing expert witnesses (forensic and technical), selecting and instructing a jury, trying a criminal case in front of a judge or jury, cross examining witnesses, preparing a sentencing argument, preparing and arguing Post Conviction Relief Motions.
This office accepts cases in these and other related violations of the New Jersey Criminal Law:
- Drugs (Possession & Distribution)
- Assault (Simple & Aggravated)
- Robbery, Burglary & Theft
- Attempt & Conspiracy
- Homicide
- Sex Related Offenses & Lewdness
- Terrorist Threats
- False Imprisonment
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- Stalking
- Kidnapping
- Arson
- Criminal Contempt
- Criminal Mischief & Trespass
- Domestic Violence Related Arrests
- Theft of a Prescription Blank
- Computer Crimes
- Fraud, Forgery & Bad Checks
- Perjury
- Obstruction of Justice & Eluding
- Vehicular Assault and Manslaughter
- Disorderly Conduct
- Underage Alcohol Consumption
- Prostitution & Public Indecency
- Possession of Drug Paraphernalia
- Illegal Firearms & Other Weapons
- Fish, Game & State Park Violations
- Probation & P.T.I. Violations
- Appeals
- Expungements
- Bail Hearings

