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Red Bank DWI Lawyers

1. Polloway & Polloway: Drunk-Driving (N.J.S.A. 39:4-50) Refusal (N.J.S.A. 39:4-50.4a) Driving While Suspended (N.J.S.A. 39:3-40) Reckless Driving (N.J.S.A. 39:4-96) / Careless Driving (N.J.S.A. 39:4-97) Speeding (N.J.S.A. 39:4-98) Leaving the Scene of an Accident (N.J.S.A. 39:4-129) All other traffic offenses; Shoplifting (N.J.S.A. 2C:20-11) Simple Assault (N.J.S.A. 2C:12-1) Simple Possession of Marijuana (N.J.S.A. 2C:35-10(a)(4)) All other disorderly persons offenses and petty disorderly persons offenses Violation of Municipal Ordinances
2. Pacarella, Stephen: N.J. Supreme Court Rules Refusing Breathalyzer Cannot Be Used to Enhance DWI Sentences
3. Olkowitz, Robert: Moving Violations: Speeding tickets, reckless driving, failing to stop at a stop sign, etc. DUI: Driving under the influence Assaults Trespassing Petty Disorderly Person and Disorderly Person charges that are handled in the Municipal Court of the State of New Jersey
4. Sciria, Richard: Municipal Court/Criminal Matters DWI (Driving while Intoxicated) Driving with Suspended/ Revoked License No Insurance Traffic Offenses Minor Criminal Violations Drug Offenses Juvenile Offenses Shoplifting Indictable Offense
5. Marshall, Jonathan: the best defense against charges of drunk driving include the following: * Can the state prove you were intoxicated? * Was there reasonable cause for your DUI stop? * Can the state show that you were the driver of the car? * Can the results of your blood or breath test be thrown out as inaccurate? * Are the DUI drug charges against you supported by the right scientific evidence and expert analysis? * What are the consequences of refusal of a breath or blood test? * Is there a way to avoid enhanced penalties for multiple DUIs? * What is the earliest point at which you can regain your driving privileges after a license suspension? * What are the penalties for DWI/DUI in New Jersey?
6. 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
7. 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.
8. 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.
9. 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
10. 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.
11. 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, and domestic violence.
12. 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.