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New Brunswick DWI Lawyers

  1. Shamy, Shipers & Lonski: Traffic Violations / Municipal Court New Jerseyans know all too well the serious consequences of receiving motor vehicle points on a driving record. Insurance company surcharges, division of motor vehicle surcharges, fines and court costs can make even the simplest traffic violation turn into a financial fiasco.
  2. McDonough, Sean: Facing criminal charges is one of the toughest situations you can endure. The stress of pending criminal charges can flood almost every aspect of your life.
  3. Venturi, Jack: DWI Driving While Intoxicated (Driving Under the Influence) is one of the most serious offenses tried in municipal court. If you are charged with DWI, even if you have the cleanest driving record you will be facing mandatory fines, surcharges, and license suspension. In some cases, you will even be facing community service, interlock devices and mandatory jail time. If you want to keep your license and your good reputation, your only choice is to fight the case with everything you have. Our team of tough, smart attorneys will attack the case against you from every possible angle and work with some of the best experts to challenge the evidence against you.
  4. Wysoker, Glassner, Weingartner, Gonzalez, and Lockspeiser: * Have you been arrested for a DWI or DUI? * Has your license been suspended? * Were you pulled over for a routine traffic violation? If you have been charged with DWI, DUI, or even a routine traffic violation, we can help you keep your fines down and the points off of your driving record. Traffic violations and drunk driving offenses can carry serious penalties, but a good defense can make all the difference.
  5. Weisberg, Adam: In New Jersey, DWI (driving while intoxicated, also known as DUI, driving under the influence) charges can't be settled by a plea bargain. You have to win. To get the charges thrown out, it's critical that you have a defense that is solid -- a defense that raises a reasonable doubt against the State's case.
  6. Benedict & Altman: After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged.
  7. Scott Aalsberg: DWI: If your facing a DWI charge you could lose your license, go to jail or even face community service and thousands of dollars of fines and surcharges. CHARGED WITH A DWI or DUI? Let us keep you out of Jail and Save your Drivers License 1ST OFFENSE A fine of not less than $250 nor more than $400.00, a period of detainment of not less than 12 court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his or her right to operate a motor vehicle over the highways of this state for a period of 3 months if the alcohol concentration is between .08 and less than .10. If alcohol concentration is .10 or higher, 7 months to 1 year loss of license, and the fine increases to $300.00 to $500.00. In addition to the above penalties if the alcohol concentration is .15 or higher the violator shall be required to install an ignition interlock device for a period of 6 months to 1 year. 2ND OFFENSE A fine of not less than $500.00 nor more than $1,000.00 and shall be ordered by the court to perform community service for a period of 30 days and will be sentenced to imprisonment for a term of not less than 48 consecutive hours nor more than 90 days, which shall not be suspended or served on probation, and shall forfeit his or her right to operate a motor vehicle over the highways of the state for a period of 2 years upon conviction and shall have his registration certificate and registration plates revoked for two years. In addition the violation shall serve 48 hours in the IRDC program. Once the drivers license suspension is served the violator shall then be required to install an ignition interlock device for a period of 1 to 3 years.. 3RD OFFENSE A fine of not less than $1,000 and shall be sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding 90 days served participating in a drug or alcohol inpatient rehabilitation program approved by IRDC and shall thereafter forfeit his or her right to operate a vehicle for 10 years and shall have his right to own and register a car revoked for 10 years. Once the license suspension is served and the violator is allowed to drive, the violator shall be required to install an ignition interlock device for one to three years on any car he or she may operate or own. ** Note for All Offenses: Additional penalties and jail time apply if violation occurs within 1000 feet of a school owned property or school crossing zone. Additional Important Facts: In the State of New Jersey the following offenses are not considered different: DWI (Driving While Intoxicated) DUI, (Driving While Under the Influence Driving While Impaired Refusal to Take Breath Test Example: You had a prior Driving While Intoxicated conviction downgraded in another state to Driving While Impaired. Your conviction downgrade would not be upheld by the New Jersey courts and you would be sentenced as if the downgrade never happened. Thus, if you received another DWI in N.J. you would be sentenced in New Jersey as if you received a conviction for the original DWI charge and you would be sentenced as a second time offender. The State of New Jersey does not recognize any other states downgrade of a DWI/ DUI Charge The State of New Jersey Considers a refusal to submit to any alcohol, blood or urine test the same as an actual conviction for DWI when computing the number of prior offenses A DWI or DUI may be proven by 4 methods: Breath Test Blood Test Urine Test Roadside Physical Tests H. Scott Aalsberg, Esq., P.C. Main office address: 39 Milltown Road, East Brunswick, N.J. 08816. Please consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties for a New Jersey DWI charge. All penalties listed in this notice are for informational purposes on offenses we have handled and reduced in the past. Past performance is not indicative of future performance and each case is fact sensitive, thus, the need for the in office consultation for the attorney to evaluate your case. Some penalties may not apply to out of state residents, please consult an attorney in your state of residence. If a person has a professional license there may be a separate additional action relating to that individual's ability to practice their profession. Different Penalties may apply to prior DWI convictions over 10 years old. All New Jersey DWI penalties listed are accurate as of time and date of publication and are subject to change at any time without notice. Prior DWI charges even if older than 10 years may be used against you to enhance your DWI sentence. Driving While Intoxicated (DWI or DUI) is classified in New Jersey as a motor vehicle offense unless a party is injured in an accident in which case it can be a criminal offense. Once convicted you cannot expunge the record of your DWI off your license, regardless of how much time has passed. Therefore to keep your low insurance rates and your driving record clean an expert defense is needed. In most cases our defense costs less than just your first year insurance premium increase would be upon conviction.
  8. Allan Marain: N.J.S. 39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant' s blood, shall be subject: (1) For the first offense, to a fine of not less than $250.00 nor more than $400.00 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year. (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director, consistent with subsection (b) of this section. (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than .10%. If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services; provided that for a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f). A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
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