New Brunswick DWI Lawyers
- 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.
- 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.
- 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.
- 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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