Driving while intoxicated, known in some other states as driving under the influence, is a very serious motor vehicle violation in New Jersey. DWI and related offenses may involve considerable fines, penalties, fees, loss of license, division of motor vehicles driving points, insurance surcharges, required attendance at intoxicated driver resource center and other consequential costs and expenses. The exact penalties for driving under the influence or driving while intoxicated in New Jersey are easily accessible to you by organized links provided to you on this website. Those links also provide you information to assist you in understanding the nature of the legal charge against you.
DWI offenses are prosecuted in the Municipal Court where the offense occurred. Please check out the NJ Municipal Courts link if you seek more information on the Municipal Court system in New Jersey. Driving with a blood alcohol level of .08 is considered a per se violation; it doesn’t matter how you felt or how well you performed tests; your considered DWI. A reading of .10 results in more significant penalties.
We will vigorously and competently represent you and demand all necessary proof from the prosecution, the prosecution’s witnesses, police and other experts to compile a complete and total presentation of the State’s case against you. We thoroughly investigate your case, and we review every document the police and the prosecutors for the State of New Jersey produce pursuant to their obligation under the law. If they don’t produce required documentation, we will file the appropriate legal motions to get it. We review and analyze other charges against you, serious in their own penalties and costs, such as speeding, careless or reckless driving. I will advise you as to what you can expect at trial, what your plea options are and discuss with you the direction you want to take in resolving your charges.
We will defend you zealously and require the State prove it’s case as to each required element of the offense beyond a reasonable doubt. We will charge the State to recognize the cornerstone premise of Criminal Law- you are presumed innocent until proven guilty.
There are certainly cases where the State can’t prove every essential element of a DWI prosecution beyond a reasonable doubt. Police officers may fail to properly utilize proper training in administering Field Sobriety tests such as toe to heel walk and one leg stand, which have specific instructions in administration. Experts make mistakes and machines are not infallible. There is more then a chance in certain cases, there is innocence; a failure by the State of New Jersey to prove beyond a reasonable doubt all elements required to gain a conviction for Driving While Intoxicated.
I will find the flaws in defense of the State’s case against you if they exist. It is seldom black and white.
If there is a problem in the States case, we will advise you and assist you in making the decision to pursue any weakness or problem by appropriate legal techniques. Ultimately, you decide whether to file a particular legal document, and whether to go to trial, after our exhaustive investigation of the State’s case and a complete presentation of your options.
You always have the right to a trial, to confront the State’s witnesses against you, to force the State to prove it’s case.
We will honor that right in every case.
Please peruse our web site and call me for a free consultation.
