Brought to you by Colorado DUI Drunk Driving Defense

Red Bank DWI Lawyers

1. Keefe, Bartels & Clark: * Traffic violations: speeding, reckless driving * DWI * License suspension * Marijuana possession * Shoplifting * Theft * Resisting arrest * Improper identification * harassment * Domestic assault * Minor drug offenses
2. Iler Law Firm: How does the State establish that you were intoxicated? Did the police officer use an Alcotest or a Breathalyzer test to determine Blood Alcohol Content (BAC)? Did the officer properly conduct field sobriety tests? Whatever BAC test they used, was the test administered correctly? Penalties for Driving While Intoxicated in NJ There are a wide range of penalties involved for drunk driving in New Jersey depending on the number of offenses. These penalties vary for: * First Offense DWI * Second Offense DWI * Third or Subsequent DWI Offense * Breath or Blood Test Refusal * Underage DWI * Out of State Residents/Drivers Charged with DWI The penalties for driving while intoxicated (DWI) in New Jersey are fairly severe depending on whether it is your first, second, or third or subsequent drunk driving offense. The penalties for driving under the influence are enumerated in N.J.S.A. 39:4-50. First Offense DWI in NJ The penalties for a first offense of driving while intoxicated in New Jersey depend on the level of intoxication. The legal limit in New Jersey is .08% Blood Alcohol Content. As a result, if you are charged with DWI and your BAC is between .08% and .10%, you are facing a fine of $250-$400, a three (3) month license suspension, and up to thirty (30) days in prison. If your Blood Alcohol Content (BAC) was greater than .10% you are facing between seven (7) months and one year license suspension, a fine between $300-$500, and up to thirty (30) days in prison. You will also be required to spend between 12 hours and 48 hours at an Intoxicated Driver Resource Center. Second DWI Offense in New Jersey If you are charged with your second DWI offense in New Jersey, the penalties involved are significant. The penalties associated with a Second DWI offense are a fine of $500-$1000, two year license suspension, 48 hours incarceration, and thirty (30) days of community service. However, an experienced DWI attorney may be able to defeat this second DWI charge or, at the very least, allow you to be classified as a first offender (which means seven months to a year loss of license instead of two years). Our attorneys will examine your first DWI offense to determine if any disputable issues arise. Moreover, our attorneys will analyze this new charge to ascertain whether a valid traffic stop was conducted, if the State has significant evidence to prove operation and prove intoxication, and whether the proper procedures were followed with the Breathalyzer or Alcotest machine. Moreover, under New Jersey Law, if your first DWI charge was a refusal, you should be classified as a first offender for your second DWI charge. On the other hand, if your first DWI charge was a DWI and your second DWI charge is a refusal, you must be classified as a second DWI offender for the purposes of sentencing. Third or Subsequent DWI Offense in NJ If you are charged with a Third or Subsequent DWI offense in New Jersey, please contact the experienced DWI lawyers at the Iler Law Firm for immediate assistance. The penalties associated with a Third or Subsequent DWI Offense under N.J.S.A. 39:4-50 are a $1000 fine, 180 days in jail (90 can be served at a drug or alcohol inpatient rehab facility), and a ten (10) year loss of license. The Third or Subsequent DWI offense can even result in a permanent loss of your driving privileges in New Jersey depending on the circumstances of your charges. Similar to the Second Offense DWI analysis above, our experienced DWI attorneys may be able to challenge your prior DWI convictions or have you classified as a Second Offender for sentencing purposes rather than a Third Offender. This could lead to a two (2) year loss of license rather than a ten (10) year loss of license which would have a significant impact on your life and your standard of living. Another Potential Defense: NJ's Ten (10) Year Stepdown Rule There is another potential defense to your DWI charge in terms of your sentencing classification. A recent decision by the Appellate Division decided that, if ten (10) years have passed between your first DWI charge and your second DWI charge or if ten (10) years have passed from your second DWI charge and your third DWI charge, you should be sentenced as a lesser offender and the charges should be "stepped down" because of the time elapsed between the charges. So, for example, if you were first charged and convicted of DWI in 1997 and your second DWI charge is in 2008, ten years have passed between the charges and, despite this being your second DWI charge, you should be sentenced as a First DWI Offender and you are looking at seven months to one year loss of license rather than two (2) years. Similarly, if you are charged with your Third DWI offense in 2009 and your Second DWI Offense occurred in 1995, you should be sentenced as a Second Offender rather than a Third and you are facing a two (2) year license suspension rather than a ten (10) year license suspension.
3. Zager Fuchs: Drunk driving and other traffic offenses or misdemeanor crimes can have serious consequences if they are not properly addressed by a competent attorney. Excessive fines, jail time and a tarnished reputation in the community do not have to be the result of a one-time mistake.
4. Donnelly, David: DON'T LET THE POLICE TAKE ADVANTAGE OF YOU! Being charged with a crime is an alarming experience. Feeling afraid and exposed to the power of the police, you need you need an experienced criminal attorney to steady and guide you; an attorney who has spent years in the criminal system, knows the courts, the prosecutors and the law. What are my rights when a police officer stops me? A. Police and citizen encounters occur at three levels, but only two require constitutional justification. A police officer does not violate the Fourth Amendment of the United States Constitution by merely approaching an individual on the street and asking if he is willing to answer some questions and requests to see identification. This is not Òa seizureÓ, but once the questions are posed in such a way, and under such circumstances, that a reasonable person would think he is not free to leave, the encounter becomes an ÒinvestigativeÓ stop. A policeman can only justify such a stop if he has a reasonable suspicion, based on objective facts, that you are involved in criminal activity. A ÒhunchÓ is not justification. Asking questions such as Òare you doing anything illegalÓ amounts to a ÒseizureÓ. Finally, a police officer may arrest an individual when "probable cause" exists. NEVER RESIST ARREST- Even if you know the policeman is acting improperly, you must submit. The law says that whether a stop or a search is improper, is a legal issue to be determined in court. If the law allowed you to resist, it would only lead to violence and possible harm to all involved. Q. Can the officer search me? A. An officer may search you to protect him or herself. Whether there is good cause for him to make a protective search is a question, which is separate and apart from the issue of whether he is allowed to stop you. A policeman may only search you for weapons if a reasonable person in his position would think that his safety is jeopardized. He must be able to point to facts from which he reasonably inferred that you were armed. Again, hunches or subjective impressions are not enough, but if an officer arrests you, he is clearly allowed to search you pursuant to the arrest. If however, he has taken you out of your car and then arrests you, he is not allowed, under New Jersey law, to then search your car as part of the arrest. In encounters with the police, you should always be sure not to antagonize them. But you should not cooperate to the extent that you implicate yourself. If police are urging you to a make a statement Òto help yourselfÓ, and you know the statement would be an admission of guilt, always assert your right to remain silent. Such a statement only helps the police and it will never make things ÒeasierÓ for you no matter what they say. This only intended as a broad outline of your rights. The law of search and seizure is extremely fact sensitive. Every situation is different. Murder TYPES OF CASES HANDLED: 1st degree murder, 2nd degree murder, criminal homicide, manslaughter Assault TYPES OF CASES HANDLED: Aggravated assault, assault with a deadly weapon, assault on a law enforcement officer, reckless endangerment, terroristic threats, stalking Sex Crimes TYPES OF CASES HANDLED: Sexual assault, child sexual assault, Internet sex crimes, pornography & child pornography, luring Drug Offenses TYPES OF CASES HANDLED: Drug possession, manufacturing and distribution of controlled dangerous substances ("CDS") , cocaine and marijuana. Robbery and Burglary TYPES OF CASES HANDLED: Robbery, burglary, criminal menacing, weapons related offenses, assault with deadly weapons Money Laundering and Fraud TYPES OF CASES HANDLED: White collar crime, wire fraud, illegal gambling, credit card theft, forgery, identity theft, business fraud, business theft. New Jersey DUI - DWI Defense TYPES OF CASES HANDLED: DWI - DUI Driving under the influence, driving while impaired
5. John Marshall: New Jersey DUI/DWI Law In New Jersey, it is illegal to drive while under the influence of drugs and/or alcohol. It is also illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a person drives while impaired by drugs and/or alcohol, and/or has a BAC of 0.08% or higher, he/she can be charged with driving under the influence (DUI/DWI) or driving while intoxicated (DWI). New Jersey DUI/DWI Punishments The state of New Jersey has adopted strict DUI/DWI legislation to prevent people from operating motor vehicles while under the influence of drugs and/or alcohol. These laws call for harsh legal consequences if a person is convicted of DUI/DWI. Once convicted of DUI/DWI, a person can be sentenced with: jail time, large monetary fines, probation, mandatory DUI/DWI School, community service, and/or driverÕs license suspension. In some cases, the DUI/DWI offenderÕs vehicle may be impounded as well. Why You Should Hire a DUI/DWI Attorney After being arrested, many people choose not to hire an attorney. This is usually a huge mistake. One of the best things you can do to protect your best interests is to hire an experienced New Jersey DUI/DWI lawyer. A knowledgeable lawyer can investigate your case, challenge your blood alcohol and field sobriety test results, find possible arrest errors made by law enforcement, and present your side of the story in court. A skilled lawyer will also ensure that your rights are protected throughout the DUI/DWI case process. If I am found guilty of DWI can I still drive to work? Court and the Division of Motor Vehicles cannot and will not issue any ÒworkÓ or ÒconditionalÓ license during a period of suspension. This why vigorous and thorough representation is so important What is the legal blood alcohol limit in New Jersey? The legal Blood Alcohol Content (BAC) in New Jersey is .08 %. Regardless of how you feel, if you are found to be driving with a BAC of .08% or higher, you will be charged with DWI. What are the surcharges in New Jersey for DWI convictions? State surcharges vary based on whether this is your first offense, second or third. You can expect to pay a minimum of $1,000 a year for three years for a first or second offense. For a third offense, the surcharges increase to $1,500 a year for three years. Do I have to hire an attorney? No, you do not have to hire an attorney, however, you are not entitled to an attorney by the state. Because DWI in New Jersey is not considered a criminal defense, you will not be automatically represented. An experienced DWI attorney will navigate through the legal rhetoric you are about to come face to face with. Remember, there is a skilled prosecutor working against you, it would make sense to have someone as equally skilled, if not more, in DWI laws working for you. Click here to read about hiring a DWI attorney. I did not consent to a breathalyzer and the police gave me one anyway. Is this legal? You do not have the legal right to refuse to take a breathalyzer test. When you applied to drive you gave Òimplied consentÓ for the police to give you a breathalyzer test, at their discretion. Refusing a breathalyzer could and most often will result in the same DWI charges being brought against you.
6. Falcetano and DeConca: Have you been arrested or charged with a crime in New Jersey State or Federal Courts. Are you seeking a lawyer who will aggressively defend your rights? The stakes are high in criminal trials. From fines to prison sentences, the consequences of a criminal conviction are serious and can affect you for the rest of your life.
7. Miller, Gaudio, Bowden & Arnette: The municipal court is a venue where complaints may be filed for a variety of minor violations of the criminal code, such as disorderly conduct, traffic tickets, speeding tickets, reckless driving, and ordinance violations, as well as more serious violations such as DUI / DWI, andÊdomestic violence.
8. Randolf Wolf: Due to the fact that citizen's arrest laws are state specific, few general rules can be distilled from a survey of such laws. For instance, while some states allow citizen's arrests where an individual observes another engaged in a felony, others do not. Further, some states limit a private citizen's right to make arrests by requiring the arrest to have taken place at night. States also differ regarding what level of force may be used against the detained individual. In addition, some laws require that the citizen's actions be taken for the purpose of aiding law enforcement. Despite these differences, most states allow private citizens to place others under arrest if both of the following elements are present: 1. A crime was committed in the citizen's presence 2. The citizen has a reasonable belief that the detained individual has committed a felony, either in the presence of the citizen or otherwise.