A lawyer is vital to your ability to either have your DWI dropped or reduce the penalties you will face if you are found guilty of having driven while under the influence of alcohol. One of the main things that a lawyer can do as you face a DWI charge is to craft a defense on your behalf.
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Mar 04, 2020 · If you are found guilty of driving while intoxicated, your lawyer can work to mitigate the severity of the penalties that you will face. (Points are not added to drivers’ licenses following a DWI charge in New Jersey, so there is no need to use a lawyer to get points off of your license.) Contact an Experienced New Jersey DWI Lawyer Right Away
That is why the Supreme Court of New Jersey has directed the Board on Attorney Certification to administer the attorney certification program in an effort both to protect consumers from false advertising and to raise the level of competence of attorneys in this State. This program is designed to help you make an informed decision when seeking and selecting a lawyer.
Aside from negotiating a plea deal with the prosecutor, an experienced DWI/DUI attorney knows the important elements of the case that the prosecution must prove to the Judge to prove you are guilty. Having knowledge of the law, your attorney can …
Frequently Asked Questions About Driving While Intoxicated (DWI) in New Jersey. A DWI or DUI conviction is a serious offense. A conviction in Monmouth, Ocean and Middlesex counties in NJ could cost you thousands of dollars, tarnish your driving record forever – and even lead to imprisonment. After you or a loved one has been arrested, you ...
The New Jersey Supreme Court has instructed Municipal Courts that no plea-bargains whatsoever are allowed in New Jersey DWI or Refusal cases. A DWI charge is not like a minor traffic violation that is often “plea-bargained” down to a lesser charge. I believe that targeting DWI offenses this way is unjust and troublesome. A defendant charged with a drive-by shooting, a rape, even a murder for hire can engage in plea-bargaining (i.e., plead guilty to a reduced charge); a defendant charged with DWI in NJ cannot. I do not understand this logic.
An out of state conviction for a DWI that was “substantially similar” to NJ DWI law, will constitute a prior offense in New Jersey for sentencing purposes. It is possible to exclude the out of state conviction with proof that the out of state law was not similar to NJ law, or the conviction was based solely upon a BAC of less than .08%.
N.J.S. 39:4-50, the NJ DWI statute, makes it unlawful to “operate a motor vehicle while under the influence of intoxicating liquor … or … with a blood alcohol concentration [BAC] of .08% or more by weight of [blood] alcohol.”
New Jersey Courts only have jurisdiction (i.e., the authority ) to suspend driving privileges in New Jersey. A New Jersey DWI conviction will usually be shared with the State where you are licensed. Thereafter, that State DMV can take action against your driving privileges, independent of what happens in New Jersey, under a law known as “reciprocity.”
2C:12-1c. Criminal offenses are heard in the County Superior Court , not the local Municipal Court .
In addition to the penalties for the underlying DWI offense, the defendant is exposed to criminal sentencing if convicted, either for a 3rd-degree crime of assault by auto if “serious bodily injury results” (3 to 5 years in prison) or a 4th-degree crime if mere “bodily injury results” (up to 18 months in prison).
Yes, in cases where the ignition interlock device is permitted in place of license loss (E.G., a 1 st DWI offense with a BAC under .15%, or a 1 st Refusal Offense). In other cases, the revocation of your driver’s license is mandatory and absolute for the prescribed period, absent a successful defense challenge.
New Jersey Law does not allow you to have any sort of restricted license if your license is suspended or revoked. If you are found guilty of DWI/DUI, and your license is suspended, you will be forced to find another way to get to work.
A DWI/DUI is a very serious offense with very serious. If you have been arrested and charged with DWI/DUI, please call our experienced Municipal Court DWI/DUI attorneys immediately. Fredrick P. Niemann, a knowledgeable attorney will schedule an in-office consultation to discuss your case with you.
Frequently Asked Questions About Driving While Intoxicated (DWI) in New Jersey. A DWI or DUI conviction is a serious offense. A conviction in Monmouth, Ocean and Middlesex counties in NJ could cost you thousands of dollars, tarnish your driving record forever – and even lead to imprisonment. After you or a loved one has been arrested, you probably ...
The quick answer is: yes, you are permitted to defend yourself. But, we strongly advise against it. If you are charged with any serious motor vehicle offense, immediately seek help from a qualified lawyer. New Jersey’s DWI laws are complex and the penalties are severe.
If you haven’t paid it, and you’re stopped for any reason, you’ll be charged with driving with a suspended license. Fines, prison terms and license suspensions are doubled when offense are committed in a school zone or at a school crossing.
If you hold an out of state drivers’ license, and you are arrested in New Jersey for drunk driving, your license will only be suspended in NJ. However, New Jersey will report the conviction to your home state and you may face additional penalties there.
If you are stopped on suspicion of DWI and refuse a breath test, you will be penalized. New Jersey’s implied consent laws require all drivers to submit to a Breathalyzer test upon arrest. For a first offense, the penalties are: $300-$500 fine. Seven to 12 month license suspension.
For a first offense, the penalties are: $300-$500 fine. Seven to 12 month license suspension. Installation of an ignition interlock device for a period of six months to one year after license restoration. Automobile insurance surcharge of $1,000 a year for three years after license restoration.
10 to 90 days imprisonment. Up to two years added license suspension. Revocation of motor vehicle registration. In addition, if you are involved in an accident while your license is suspended for DWI, and someone is hurt, a 45-day jail sentence is mandatory.
What Is the 60-Days Requirement for a New Jersey DWI Case? There is something referred to as a 60-days requirement for New Jersey DWI cases. There’s an administrative order established decades ago by the New Jersey administrative office of the courts. This order requires the municipal courts to conclude DWI cases within 60 days from the date ...
After the discovery process is complete, you still need to go back to court to discuss the case with the prosecutor to see if you can resolve it without a trial. And then there’s always an issue of scheduling experts for a trial, which will cause delays.
On August 23, 2019, Governor Murphy signed Bill S 824 into law. Here we examine the prior DWI sentencing scheme for first-time DUI offenders, outline the updates made by the new bill, and highlight lawmakers’ rationale for making a change to the New Jersey DWI penalties, which Mothers Against Drunk Driving has called the most significant update in close to a decade. If you have been arrested for DWI in New Jersey and are looking for help with your best defense, contact The Tormey Law Firm for help today. You can (201)-556-1570 or request a free consultation online for more information and answers about your specific case. We have multiple office locations in NJ, including in Hackensack, Morristown, New Brunswick, Newark, and Middletown, so we can better serve clients throughout New Jersey.
It is also important to note that if you are charged with refusing to submit to a breath test and it is your first offense, a period of license suspension only applies prior to the installation of an ignition interlock device in your vehicle.
The DWI in New Jersey is quickly becoming the common man's/woman's initial brush with the court system. While a DWI in New Jersey is not a criminal offense ( as it is in some other states) it nonetheless contains some criminal aspects such as handcuffs (sometimes), arrest and detention that make it appear as if the accused is being charged with a crime. There is also possible jail time associated with a DWI in New Jersey. While jail time is rarely if ever imposed on first time offenders unless some extraordinary circumstances accompany the DWI (for example an accident with injuries, accompanying criminal charges such as drugs or an extremely high blood alcohol reading) it must be noted that repeat offenders can and often do face jail time (there is mandatory jail time in New Jersey for third time offenders).
This means under New Jersey law a DWI (unlike some criminal offenses) cannot be expunged. At Brickfield & Donahue we don’t judge. We defend. If you have been charged with a DWI the experienced DWI attorneys at Brickfield & Donahue would welcome your inquiries. We have helped many people through the process and if you contact us immediately, an experienced DWI defense lawyer from our office will do their best to ensure that your case is handled properly and promptly. To contact a DWI defense attorney at Brickfield & Donahue, call (201) 488-7707 or send us an email.
Many attorneys advise their clients to plead guilty to the DUI charge strictly on the basis of test results or police reports. This can be a costly mistake if the guilty plea affects the client’s livelihood as well as his or her wallet.
In the state of New Jersey, there are certain rules that must be followed in administering a breath test to someone suspected of DWI. If these rules were not followed, a defense can be set forth that the test results are unreliable. The test results could be thrown out of the case altogether.
Using the process to help you, rather than being overwhelmed by it. Your lawyer should know how to analyze the information against you, and truly defend you. There are many motions that can help your defense. A successful Motion to Suppress the arrest or the test results could result in a dismissal of your DWI case.
Seeing the arrest location can be crucial in preparing a solid defense in a DUI case, yet many lawyers don’t bother taking this extra step. The location of a DUI arrest can be very telling in determining the difficulty of performing a roadside test.
If your attorney knows the rules of field testing better than your arresting officer, your lawyer will know whether the officer made errors in your testing that can form the basis for defending your case, and possibly dismissing your DWI charge.
There are so many consequences that can result from a DWI conviction. It is critical that your lawyer know these consequences in order to help you. Knowing whether prior convictions, other state’s laws, employment circumstances can affect your conviction is information that may change how your case should be handled.
If you choose to go to trial, you have a choice whether to testify or not. However, what you say can be used against you in court.