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Westfield DWI Lawyers

1. Lipstein, Ken: In the state of New Jersey, the penalties associated with drunk driving convictions are severe. If you have been charged with driving while intoxicated (DWI) or driving under the influence (DUI), you owe it to yourself to hire a skilled and knowledgeable attorney to defend your rights. DWI Conviction Comes With Stiff Penalties Penalties for DWI conviction in New Jersey include: * Significant fines * Suspension of driving privileges * Jail time for subsequent offenses * Increase in insurance premiums
2. Wiercinski, Edward: When the average citizen commits an offense, it usually involves a violation of the traffic law. These type of offenses are handled in Municipal Court. Each Municipality in the State has a Municipal Court usually located at the Municipal Building with the Police Department. Traffic violations can be minor, such as speeding, parking in a loading zone, or more serious, such as reckless driving, driving without insurance or driving with a suspended driver's license. One of the most serious traffic offenses is DUI (Driving Under the Influence) of alcohol or drugs. Often, people choose to admit to the offense and pay the fine, as well as pleading guilty to the original traffic offense which may constitute DMV Points, surcharges, and suspension of their driving privileges. Almost all traffic tickets can be negotiated to an offense carrying less fines, lower points, and a lesser amount of time for loss of driving privileges. Municipal Courts also handle minor criminal charges in New Jersey, which are called Disorderly and Petty Disorderly offenses. These are minor criminal charges such as simple assault, bad check writing, minor drug offenses, and harassment. The offenses are punished as follows: Disorderly Persons Offenses: up to six months in County Jail and a fine of $1000.00 Petty Disorderly Persons Offenses: up to three months in County Jail and a fine of $500.00 Municipal Court Prosecutors can offer a diversionary pre-trial program called Conditional Discharge (CD). A CD is available to a defendant accused of a minor drug offense such as "under 50 grams of marijuana." It can only be accessed once and usually will not require a Guilty Plea, which would result in a mandatory six-month loss of driving privileges. After six to twelve months probationary period all charges are dismissed and the defendant can then move to expunge their record leaving their criminal history record (rap sheet) clear. DUI (Driving Under the Influence of Alcohol or Drugs) 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 usually entail 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 certified to 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. The fines and punishment for DUI for a blood alcohol reading of at least .08% but less than .10% are: First Offense $200.00 to $400.00 fine 12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center) Up to 30 days in the County Jail 3 months Loss of License (or driving privilege if an out of State licensed driver) The fines and punishment for a DUI for a blood alcohol reading of .10% and higher as well as driving under the influence of drugs are: First Offense $300.00 to $500.00 fine 12 to 48 hours in the IDRC (Intoxicated Drivers Resource Center) Up to 30 days in the County Jail 7 to 12 months Loss of License (or driving privilege if an out of State licensed driver) Second Offense $500 to $1000.00 fine 48 hours to 90 days in the County Jail Up to 30 Days Community Service 2 year Loss of License (or driving privilege if an out of State licensed driver) Ignition Interlock or forfeit registration for 2 years Third and Subsequent Offenses $1000.00 fine 180 days in the County Jail (may serve 90 of the 180 in an approved inpatient rehabilitation facility) Up to 30 Days Community Service 10 years Loss of License (or driving privilege if an out of State licensed driver) Ignition Interlock or forfeit registration for 10 years
3. Robert Stahl: The U.S. Constitution grants an accused the right to "a speedy and public trial, before an impartial jury" in "all criminal prosecutions." The alternative to a jury trial is a "bench" trial; i.e., a trial by a judge. In a jury trial, the jury determines facts and applies legal principles to reach a verdict. In a bench trial, however, the judge decides virtually everything.
4. Francis Smith: Drunk driving is a criminal charge. Conviction of driving while intoxicated in the State of Maryland can result in a sentence of four years in jail and a $4,000 fine. In addition, a convicted drunk driver may have his license revoked by the Motor Vehicle Administration and his insurance rates are likely to go up dramatically.
5. Walter Schreyer: You should consult an attorney for individual advice regarding your own situation.
6. Garrubbo, Romankow, Rinaldo & Capece: You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. What can a lawyer do? Nothing (or worse) if he is not qualified in this highly specialized field -- no more than a family doctor could help with brain surgery. A qualified attorney, however, can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc.