East Brunswick DWI Lawyers
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- Tubman, Irwin: * Traffic violations * DUI * Neighborhood disputes * Domestic violence * Minor in possession * Petty theft * Prostitution * Assault
- Aiello, Harris, Marth, Tunnero, Pastor & Schiffman:
Driving while intoxicated (DWI) is a serious offense in the state of New Jersey. There is simply no substitute for having a lawyer who is experienced in handling this type of case in order to assure your rights are protected Ñ someone who will aggressively protect those rights and seek to obtain the best possible results on your behalf.
Challenging the Evidence
In order for the police to stop a motor vehicle on the roadway, the officer must first have a basis for effectuating the stop. After the person is initially stopped or contacted by the police (possibly at a "sobriety checkpoint"), he is usually asked incriminating questions without any Miranda advisement of rights and without any right to consult with an attorney. He is then subjected to a series of "field sobriety tests" under physically and emotionally difficult conditions Ñ tests which are nearly impossible for most people to perform well.
After the arrest, the suspect is then required to submit to breath testing, usually at the police station Ñ and again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are inaccurate and highly unreliable and many officers administering them are unfamiliar with proper procedures. If the suspect refuses, or if the police feel he is not cooperating to their satisfaction, the person can be charged with a violation of refusing to submit to a breathalyzer test which carries the same penalties as a DWI/DUI.
The individual now must deal with a prosecution in the court where he will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs). Under New Jersey law, a person is guilty of DWI if his BAC at the time of his arrest was .08% or greater. However, the penalties do vary depending on the percentage of BAC at the time of arrest. For a first offense, a person with a BAC of .08% - .10% could lose his/her license for a period of three (3) months, while a BAC of .10% and above could lose his/her license for a period of (7) seven months to one (1) year. A person who refuses to submit to a breathalyzer test can lose his/her license for seven (7) months.
These proceedings can be effectively handled by an experienced attorney who specializes in blood-alcohol analysis and drunk driving cases. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field. Their results are predictable.
- Spinello, Sean:
Modern day DWI and DUI charges are serious business, often accompanied by severe fines, loss of your driver's license and sometimes jail time.
- Rudikh & Associates:
Criminal Law, Traffic and Municipal Court Law
- Diaz-Cobo, Carlos:
Aggravated Sexual Assault
Possession Controlled Dangerous Substance (CDS)
Possession with Intent to Distribute CDS
Manufacturing Distribution of CDS
All other Drug Charges
All Other Indictable Offenses
Post Conviction Relief
MUNICIPAL COURT MATTERS
Yearly Review of State's Unclaimed Funds
Representation of Individuals and Corporations in retrieving funds appropriated by the State of New Jersey
- Fabriele, John:
Many people do not intentionally mean to cause harm when they are pulled over on suspicion of a DWI. Often, individuals do not even realize how much they had to drink, and only realize that they've made a mistake once they are pulled over. However, if you are facing a DWI, then your driving privileges are in danger. An experienced DWI attorney may be able to win your case, minimize the fines, eliminate jail time, and avoid suspension of your driving privileges.
- Gilbert, Ryan:
DUI and DWI in New Jersey
You are considered legally intoxicated in New Jersey if you register a .08 blood alcohol concentration on a breathalyzer test. You can be charged with a DUI or DWI if law enforcement deems you too impaired to operate a motor vehicle based on their observations of your driving patterns. You may be charged with a DUI if you drive under the influence of any type of drugs or medication, whether they are prescribed, over-the-counter, or illegal substances such as marijuana, cocaine, crack, or other drugs.
Because of the seriousness of DUI and DWI charges and penalties, it is in your best interests to contact me as soon as possible so that I can begin working on your case immediately. As your East Brunswick DUI / DWI attorney, I will handle your case from start to finish and you can always count on me to respond to your questions and concerns.
- Bowne, Barry & Barry:
If this is your first Drug offense, you may be able to take advantage of a New Jersey program for first time offenders called Pre-Trial Intervention or PTI. If admitted to the PTI program and you successfully complete it, the charges against you will be dismissed. PTI typically includes a term of probation, and sometimes counseling and/or community service.
If you have been charged with a first time drug offense that is being heard in Municipal Court, you may be eligible for Conditional Discharge. If accepted for conditional discharge, you will need to essentially be on probation, perhaps with the same kinds of terms involved in PTI. Upon successful completion of the program, the charges against you (which also involve the loss of your driver's license) are dismissed.
These are both very significant options for first time offenders.
- Eder, Todd:
If you are convicted of driving under the influence (DUI, sometimes called DWI), you could be jailed and you will lose your driving privileges Ñ and the conviction will haunt you forever. If you are found guilty of a traffic offense, you could face a range of penalties from fines, points and higher insurance rates to license suspension, or even jail for some offenses.
- 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.
- Browne, Barry & Barry: DWI/DUI in New Jersey is a very serious matter The consequences of a DWI or DUI charge can ruin your finances, your career, even your relationships with friends and loved ones. The good news is that by coming to this web site, you've taken an important step in helping yourself if you are charged with DWI or DUI.
- Edder, Todd: If you are convicted of driving under the influence (DUI, sometimes called DWI), you could be jailed and you will lose your driving privileges Ñ and the conviction will haunt you forever. If you are found guilty of a traffic offense, you could face a range of penalties from fines, points and higher insurance rates to license suspension, or even jail for some offenses.
- Teitelbaum, Howard: Municipal Court DWI Motor Vehicle Violations Speeding Reckless/Careless Driving Suspended/Revoked License Criminal Violent Crimes Drug Crimes Domestic Violence White Collar Crimes Disorderly Persons Complaints
- Panitch & Rachinsky: A DWI arrest is very serious. A conviction on the charge will result in a fine, increased insurance premiums loss of driver's license and even a jail sentence. A DWI arrest marks the beginning of your case, not the end. Panitch & Rachinsky will aggressively defend your rights and freedom. Successful Defense of DWI/DUI Charges The outcome of a drunk driving case does not hinge on the results of the Breathalyzer test alone. There may be several potentially successful defense strategies that could result in a dismissal of the charge or victory at trial. For example: * The police may not have had probable cause to stop you * The field sobriety tests may have been improperly performed * At the station, the breath test may have been improperly performed or the machine may have returned a false reading These and many other factors may provide the means for a successful defense.
- Diaz-Cobo & Pedraza: When you've been arrested for driving while under the influence of alcohol you really do need help. In New Jersey, DWI charges have serious consequences. If you are found guilty, you can lose your license, be fined, your insurance can go up or be cancelled, and it carries jail time. Most people arrested for DWI have never been in any other type of criminal trouble and are confused, frustrated, and anxious about the entire process. Do not just plead "GUILTY" and take your chances with this very serious charge. We are prepared to examine your entire case, starting with the reason that you were stopped in the first place. Police officers DO NOT have the authority to pull you over unless they have "Probable Cause." Probable cause is defined as "a reasonable suspicion, based on articulable facts, that it is more likely than not that the suspect has committed a violation or crime." Usually, the State will argue that the probable cause for the initial stop is based on a traffic violation such as speeding or failure to maintain lanes. Our first line of defense is attacking the probable cause for the initial stop. The State has the burden of proving this by a preponderance of the evidence. If they cannot meet this burden, or we successfully challenge their evidence, the DWI and all collateral charges associated with the arrest must be dismissed. Even if the State can show probable cause for the initial stop, the State must then show probable cause for the DWI arrest. The state usually offers up the "Field Sobriety Tests" as evidence to establish the Probable Cause for the DWI arrest. This is our second line of defense. There are many ways to attack the probable cause for the DWI arrest including, but not limited to, failure to establish operation of the vehicle, improperly administered filed sobriety tests, physical ailments that could have prevented the defendant from performing certain tests, and performing well on certain tests but not as well on others. Finally, even if the State can establish probable cause for the stop and subsequent arrest, they must prove a defendant guilty of the DWI and other charges "Beyond a Reasonable Doubt." The State will try to use the Blood Alcohol Contect (BAC) reading of a Breathalyzer or Alcotest or blood test. This is our third line of defense. Many times, the Breathalyzer, Alcotest or blood sample were improperly obtained, or the machines are not properly calibrated.
- Ramp, Renaud & Hlavenka: If you or someone you love has been charged with drunk driving (DUI / DWI) or a drug possession, it is critical that you consult an experienced lawyer dedicated to minimizing or eliminating the impact of the charges.
Hillary Brower: If I am found guilty of DWI or plead guilty and I lose my driving privileges can I get some sort of provisional license to drive to work?
In some states you can but not in New Jersey.
- John Fabriele: ...you need to speak to an attorney right away...
- Goldblatt, Jeffrey : Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine, or by incarceration in a local jail for a period of less than one year. Prosecutors typically do not convene a grand jury to investigate or issue indictments for misdemeanor charges, although the same conduct may give rise to both felony and misdemeanor charges. Misdemeanors are usually charged by a written complaint, or "information." In some states, poor defendants are not entitled to a court-appointed attorney when charged only with a misdemeanor. The charges may be considered minor, but being accused of a misdemeanor-not to mention being convicted of one-can cause a major disruption in the life of an accused. As in any criminal case, it is essential that a defendant in a misdemeanor prosecution have zealous representation backing him or her up. A person accused of a misdemeanor should seek the help of an experienced criminal defense attorney.
- Eric Morrell: Finding Guilt Beyond a Reasonable Doubt Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure. In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt." This instruction is given primarily because the Constitution has been interpreted to require that each element of a crime be proven "beyond a reasonable doubt." Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning. Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied.
- Sliwinski, Theodore: In New Jersey, a person is guilty of drunk driving if he operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.10 percent or greater. The term BAC refers to the amount of alcohol in your blood. Although the law refers to a .10 percent BAC, you can be convicted of driving while under the influence of liquor even when your BAC is below 0.10 percent.