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Camden DWI Lawyers

1. Gregory Singleton: Once a criminal court judge has read the criminal charges against the defendant, the judge will ask the defendant how he or she pleads to the criminal charges. The three pleas that a defendant may answer with include: 1. Guilty 2. Not guilty 3. No contest As the adversarial system presumes innocence, the most common plea entered during the arraignment phase is "not guilty." Once a defendant has entered a plea of "not guilty," the court may either refer the case to a grand jury (which will decide whether the case should proceed), or the court will set the date for a preliminary hearing. If the defendant chooses to plead "guilty," the court will either sentence the defendant or set the date for a sentencing hearing.
2. Sufrin, Zucker, Steinberg, Waller & Wixted: n New Jersey, the offense of DRIVING WHILE INTOXICATED (DWI) is not a criminal offense. It is a motor vehicle offense and is therefore handled in the Municipal Court of the jurisdiction in which the incident occurred. However, since it is not a criminal offense, there is no jury trial. The case is heard by the Municipal Judge. The prosecution must prove its case beyond a reasonable doubt just like in a criminal case. Similarly, the defendant is presumed to be innocent unless and until the State has carried its burden. DRIVING WHILE INTOXICATED Ask Us Full Name: * City in which you live: State in which you live: Phone: * E-mail Address: * How would you like to be contacted? Called E-mailed Tell us about your issue: In New Jersey, the offense of DRIVING WHILE INTOXICATED (DWI) is not a criminal offense. It is a motor vehicle offense and is therefore handled in the Municipal Court of the jurisdiction in which the incident occurred. However, since it is not a criminal offense, there is no jury trial. The case is heard by the Municipal Judge. The prosecution must prove its case beyond a reasonable doubt just like in a criminal case. Similarly, the defendant is presumed to be innocent unless and until the State has carried its burden. The DWI offense may be proven in 2 ways. First is the PER SE VIOLATION. The State sustains its burden if it proves beyond a reasonable doubt that the person operated a vehicle on a roadway with a blood alcohol content (BAC) of greater than or equal to 0.08%. The penalties increase if the BAC is greater than or equeal to 0.10%. The second method proof is testimony regarding intoxication. The State may call the investigating officer and others to testify as to the manner of operation of the vehicle; physical observations such as the ability to walk and stand; the manner of speech and appearance; the performance of psychophysical tests and the demeanor of the defendant. Also, any witness may offer an opinion of intoxication upon the proof of ability of the witness to observe and identify intoxication. The penalties for DWI offenses become increasingly severe upon subsequent convictions. The length of suspension of driving privileges as well as the requirement of jail time increase to a 10 year suspension and 180 days incarceration upon conviction for a third offense. Therefore, it is of the utmost importance that you seek expert counsel for your representation.