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Cherry Hill DWI Lawyers

1. Traub, Steven: * Drunk driving / DWI; DUI / Driving Under the Influence; OUI / Operating Under the Influence ( alcohol or drugs);39:4-50 Click here for complete DWI statute * Under-age Drunk driving, 39:4-50.14; * Leaving the scene of an accident; 39:4-129; * Failure to Report Accident; * Driving while suspended 39:3-40 ; * unlicensed driver, 39:3-10; * unlicensed driver, 39:3-10; * unlicensed driver, 39:3-10; * unlicensed driver, 39:3-10; * unlicensed driver, 39:3-10; * Reckless driving, 39:4-96; * Speeding, 39:4-98; * Careless driving, 39:4-97; * Improper passing, 39:4-85; * Failure to observe traffic signal, 30:4-81; * Failure to Stop at Stop Sign, 39:4-44 * Failure to Yield, 39:3-90, 39:4-144; * Open alcohol container, 39:4-51b; * No Insurance, 39:6B-2; * Operating with drugs in vehicle, 39:4-49.1; * Tailgaiting, 39:4-89; * Improper Turn, 39:4-123; * Unsafe Operation, 39:4-97.2; * Cell Phone, 39:4-97.3
2. Kelley Law Office: Municipal Courts are located throughout the State and each court hears cases that arise within its Municipality including traffic and minor criminal offense. These courts are where you are most likely to have contact with the New Jersey Court system, possibly as . a result of being a defendant, a complaining witness, or some other party to a criminal matter. While the charges faced in Municipal Court may sometimes be minor, the consequences can be high as Municipal Courts are empowered to assess fines, impose custodial sentences, and operate much like the Superior Court with regard to sentencing. Superior Courts, one for each County, handle more serious criminal matters or indictable offenses. Superior court sentences and consequences can be high and include the full range of possible punishments from probation to state prison; sentence also typically include fines and various Court imposed costs and fees. What types of cases do New Jersey Superior and Municipal Courts hear? New Jersey Superior Courts handle serious criminal offenses ranging in seriousness from theft just above the Municipal Court level to Robbery, Homicide, etc. Criminal cases are those in which a defendant stands accused of a serious crime, such as assault , theft, robbery, fraud, or murder. The Superior estimates that approximately 50,000 criminal cases are heard in the Criminal Division of Superior Court each year. In contrast, New Jersey Municipal Courts hear a wide variety of criminal and quasi-criminal offenses. The most common types of offenses handled by the Municipal Court are traffic matters, including DUI, and disorderly persons/petty disorderly persons. In New Jersey, disorderly persons/petty disorderly persons are offenses that are similar to misdemeanors in some other states. Some other types of charges people typically face in Municipal Court include minor drug possession, simple assault, and harassment Municipal Courts will also typically hear the following matters: * Arraignment and bail in most more serious crimes which may eventually be handled in the Superior Court * Fish and Game offenses * Violations of Municipal Ordinances * Truancy Violations Do I need an attorney if I am required to go to criminal Court as a defendant?/Can I represent myself in criminal Court? lawyers While you are permitted to hire an attorney to represent you in Municipal Court there is no requirement that you have an attorney and you are permitted to represent yourself. While many matters can be successfully resolved without an attorney, attorneys can sometimes help you analyze the evidence against you more objectively and may be more familiar with the particulars of Municipal Court practice. This, however, is a personal decision and should be considered carefully because many of the charges faced in Municipal Court may involve what are referred to as "Consequences of Magnitude." Consequences of Magnitude can include loss or suspension of driving privileges and/or incarceration. Since there can be serious consequences you should give consideration to hiring an attorney to represent you or at least speak to an attorney about your circumstances and whether or not having an attorney present would be advisable. Many attorneys offer free consultations and will frequently discuss a case with you briefly to determine whether or not an attorney's assistance is advisable. If you do try to represent yourself in Municipal Court and run into a problem, depending on the circumstances, you may be able to request an adjournment of the matter until you can retain an attorney. > Back to top What types of sentences do people face in Superior and Municipal Court? Municipal Court sentences can include almost all of the same type of penalties handed down in the Superior Court, except that the terms/severity are generally lower at the Municipal Court level. Sentences imposed by Municipal Courts can include, but are not limited to: * incarceration * probation * monetary fines/penalties * orders to pay victims losses (restitution) * driving license suspensions and/or revocations. Is there the chance I may be able to plead guilty to some lesser charge if I do not want to actually have a trial? Yes, in both Superior and Municipal Court, there are some instances you or your attorney may be able to make an arrangement with the prosecutor whereby you will plead guilty to some lesser charge without a trial. Such an arrangement, known as a plea-bargain, can actually benefit both parties as the defendant may have an opportunity to plead to a charge that, for example, has no points, or lesser fines, and the prosecutor is spared the expense, in terms of his time and police officer time in court, trial costs, etc., of having a trial on the matter. > Back to top Is there anything I can do if I feel that the outcome of a criminal Court proceeding was unfair or wrong? gavel Yes, if you feel that your conviction in either Superior Court or Municipal Court was unfair, not supported by the evidence, or wrong for some other reason, you have the legal right to file an appeal. You only have limited time to file an appeal so you or your attorney must act quickly to notify the proper Courts that you are appealing the Court's decision. In most Municipal Court appeals, the transcribed record of what took place at the Municipal Court along with any documents the Municipal Court judge reviewed in conjunction with the case will be read by the Superior Court judge handling the appeal. Generally, no new evidence or testimony can be presented, but the Superior Court judge will consider the transcript and evidence all over again and render a totally new decision. For Superior Court appeals, rather than making an entire new decision, individual points of law, or alleged errors by the trial court are reviewed by the Appellate Court and can be affirmed or reversed and/or sent back to the trial court to fix the error. In either Superior or Municipal Court, there are expedited procedures for review of bail and sentencing appeals. > Back to top If I live in another state, but was ticketed/arrested in New Jersey, is there any way to handle the matter without personally appearing other than just sending in a guilty plea and/or fine? Yes, in many cases, particularly traffic matters or Municipal Ordinance violations, New Jersey Courts will often allow a defendant to handle the matter without the need for a personal appearance. It may even possible to negotiate a plea-agreement, particularly if you have an attorney here in New Jersey acting on your behalf. Handling the matter without a personal appearance is also possible for some non-traffic offenses, but it becomes less possible to handle the matter in such a way as the seriousness of the offense increases. For this reason, whether or not you will be able to handle the matter without an appearance is highly dependent upon the particular facts of your case. If you desire a trial on your charges, then you would be required to personally appear. It is unlikely that you will be able to resolve criminal matters (in either Municipal or Superior Court) without an actual appearance. For these types of cases, you will be required to attend most, if not all, Court proceedings involving your case (such as bail hearing, pre-arraignment or status conferences, arraignment, etc.) and an attorney from our office will be present with you at each such proceeding.
3. Campbell, Keith: * Simple assault * Minor and major traffic violations * Reckless driving * Speeding * Careless driving * DWI / DUI * Property crimes
4. Hagner & Zohlman: * Drug offenses: possession, distribution or manufacture of cocaine, heroin, crack, or methamphetamine. * Sex crimes: rape, attempted rape, sexual assault on a minor, possession of child pornography * White collar crimes: embezzlement, fraud, forgery, misappropriation * Violent crimes: aggravated assault, murder, robbery, kidnapping * Domestic violence: violation of restraining order, domestic assault * Weapons offenses (Graves Act offenses carrying mandatory jail time) * DWI resulting death and vehicular manslaughter
5. Mullen & Reagan: Real Estate. Personal Injury. Criminal Law. Municipal Court. Estate / Miscellaneous.
6. Gold & Associates: Jeffrey Evan Gold Criminal Defense AttorneyJEFFREY EVAN GOLD: Founding and mangaging partner of our law firm. Attorney of the Year: NJSBA, Municipal Court 2004; Chair BCBA Municipal Court Section, Past Chair BCBA Criminal Practice Section; TV Legal Analyst CN8: "Its Your Call With Lynn Doyle", "Real Life With Mary Amorosa" NJ-ICLE Moderator: "DWI in the 21st Century", "DWI Update and More" Former Asst. County Prosecutor, Former Police Academy Instructor. (See his full bio page or more info.) CRIMES: SEX OFFENSES ASSAULT COMPUTER CRIME BURGLARY ARSON DEATH BY AUTO WEAPONS FRAUD ROBBERY RECEIVING HOMICIDE ETC. DRUGS: POSSESSION 1000 FT. SCHOOL ZONE DISTRIBUTION CONSPIRACY TRAFFIC: DRUNK DRIVING LEAVING THE SCENE REFUSAL SUSPENDED LIST NO INSURANCE ETC. DISORDERLIES: ALCOHOL TO/BY MINORS OBSTRUCTING DISORDERLY CONDUCT LEWDNESS SHOPLIFTING RESISTING ASSAULT TRESPASS MISCHIEF ETC. EXPUNGEMENTS JUVENILES
7. Piper, Stephen: * DWI in New Jersey: In New Jersey, drunk driving is referred to as driving while intoxicated, or DWI. DWI is not a criminal offense. Rather, DWI is regarded as a traffic offense. However, these charged must be defended vigorously, as there are serious potential immediate and long-term consequences. * DUI in Pennsylvania: Drunk driving is referred to as driving under the influence, or DUI in Pennsylvania. DUI is considered a criminal offense. We will do everything we can to fight for your innocence, while helping you reduce the potential consequences. Breath and blood tests provide the prosecution with some of their most important pieces of evidence in drunk driving cases. Therefore, it crucial for your defense attorney to understand how these machines work. The Alco-Test in New Jersey has been the subject to much litigation, and its results may not be reliable.
8. Bor, Fredric: Breath Testing Like the SFST battery, breath tests must be administered by approved and standardized methods and standards. In New Jersey , if an individual refuses to take a breath or blood test, he or she will be charged with refusing to take a chemical test. Questions to ask: * Was the person tested by the officer directly observed for the required 15 minutes prior to the administration of the breath test? * Did the officer ask and or inspect the person's mouth to ensure that nothing was put into the mouth prior to testing? If the answers are "no," the credibility of the breath test's results are greatly affected. Additionally, chemical testing is not always statistically accurate. Every test depends upon a presumed relationship between breath and blood alcohol. And the lung-blood ratio varies both with the time and the individual tested. If the individual is tested before the alcohol consumed has been completely distributed throughout the body, it is possible for the results of a breath test to be much higher than the actual blood alcohol content. Chemicals commonly found on the breath of humans - mouth alcohol, acetone, methane and others - also affect outcomes.
9. Garber Law Offices: You should give careful consideration to the selection of a New Jersey DWI attorney, as proper attorney representation can make a substantial difference in the outcome of your New Jersey DWI case.
10. Gigliotti & Bernstein: If you have been arrested for DWI in New Jersey, you need a NJ DWI lawyer who will defend you aggressively and escort you through the justice system maze. If you are convicted of DWI, you can be faced with license suspension, fines, surcharges and in some cases, jail. There is also a mandatory DMV insurance surcharge from $3,000 to $3,500 which must be imposed. A permanent record of DWI convictions are kept by the DMV. The penalties are severe and vary depending upon whether the DWI is a first, second or subsequent offense.
11. Lutz, Levow & Costello: The laws regarding DWI in New Jersey are tougher in many cases than if you committed a more serious crime. It is important to hire a law firm that knows the laws and how to interpret them to help you.
12. Begelman & Orlow: Criminal Defense / DUI / Traffic Offences: Have you been arrested in New Jersey? Have you been charged with DUI drunk driving?
13. Dennis Rochman: DUI / DWI drunk driving: You can face significant penalties if you've been arrested for driving under the influence. You need legal counsel to understand your rights.
14. Edward Wiercinski: In New Jersey a defendant can be convicted of a DUI by having a blood alcohol level, which is at or above the State limit (which as of January 2004 is .08%), OR by failing the sobriety roadside tests currently referred to as "psycho-physicals." These tests usuallyentail reciting the alphabet backwards or forwards without singing it, heel to toe walking, holding one foot above the ground without loosing balance or using your arms outstretched for balance and a visual examination by the Police Officer (if he is certifiedto perform this test) of your eye movement called "Horizontal Gaze Nystagamus." There is NO Right to refuse to provide a breath sample or a sample of blood for the purpose of ascertaining a blood alcohol reading. Should a driver refuse they will be issued a Refusal ticket as well as a DUI ticket, and the penalties for both tickets can run consecutively.
15. Art Lobel: The legal limits for operating a motorcycle or other motor vehicle in Pennsylvania and most states has been reduced from 1.0 to .08. It's not very hard to achieve blood alcohol limits of .08 so be careful. There is a major nationwide crackdown on Driving While Under the Influence and the penalties are not pleasant. Note also that the refusal to submit to a breathalyzer can result in a license suspension
16. Blair Lane: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an under the influence or impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
17. Richard Sparaco: Anyone who operates a motor vehicle on the highways of New Jersey must consent to the giving of breath samples for the purpose of detecting DWI if the police have a reasonable suspicion that you may have been drinking. This suspicion could be from your own admissions, from the manner of your driving, or from alcohol on your breath.
18. Charles G. Nistico You should never assume you are guilty unless you seek the advice of an attorney who is very familiar with the DUI law.
19. Lee Perlman:

    Your rights in municipal court are as follows:

    1. The right to hire an attorney
    2. The right to be assigned counsel if your are charged with an indictable offense and the judge determines that you cannot afford an attorney, and there is a likelihood that if you are convicted you will either go to jail, receive a large fine, or have you driver's license suspended
    3. The right to have your case postponed so that you may have a chance to consult with your lawyer and prepare a proper defense
    4. The right to plead guilty or not guilty to certain nonindictable charges against you.
    5. If you are charged with an indictable offense, the right to a probable-cause hearing before a judge and to a trial by jury in a superior court if a grand jury indicts you.
    6. For certain indictable offenses, the right to be tried in front the municipal court judge by waiving, in writing, your right to indictment and to a jury trial in the Law Division of superior court.
20. Donald Stein: Under New Jersey law, a person who operates a motor vehicle, or permits another person to operate a motor vehicle owned by him with a blood alcohol concentration of 0.10 percent or more by weight of alcohol in the operator's blood is subject to a fine or imprisonment and to the forfeiture of his right to operate a motor vehicle.
21. Daniel Kelley: In New Jersey, however, there are certain charges that the prosecutor has no choice on whether to offer a plea-bargain; our laws state that, because of how serious they are, crimes like DUI and certain drug offenses may not be the subject of a plea-bargain. There are some rare instances, however, where because of the facts of your case, a plea to a lesser charge may be possible.