A Former Prosecutor In East Brunswick At Our Firm Is Ready To Defend You
New Jersey law enforcement is instructed to vigorously pursue DWI offenders. This philosophy is undoubtedly taken to heart in the Township of East Brunswick, which is one of very few municipalities to have its own DWI Task Force. And in the past two years alone, almost 600 individuals were charged with DWI in East Brunswick. While the high number of East Brunswick DWI arrests is correlated with the vigilance of the East Brunswick Police Department, proximity of major New Jersey highways like Route 18, U.S. Route 1, the New Jersey Turnpike and Interstate 95 is undoubtedly also a factor.
Whether you are one of the approximately 47,512 residents of the municipality or were just someone passing through East Brunswick when you were charged with driving while intoxicated, our defense team has the credentials to get you results. We are so intent on making sure we offer you the very best in terms of preparation and skill that we have gone as far as to secure our own Draegar 7110 Alcotest machine, something only two or three other firms in the state can say. Our attorneys also happen to be former prosecutors in over 25 municipalities, including in East Brunswick, and hold certification on the Alcotest (about 5 of the 50 in the state are at the firm) and as instructors in Standardized Field Sobriety Testing. If you are facing a DWI, DUI (Drugs) or Refusal offense in East Brunswick, give our East Brunswick Office a call for a free telephone consultation.
East Brunswick NJ DWI Laws & Penalties
Driving While Intoxicated (DWI) is governed under N.J.S.A. 39:4-50, which makes it unlawful for a person to operate a motor vehicle in East Brunswick with a blood alcohol concentration (BAC) that exceeds 0.08%. To prove a case under 39:3-50, the prosecutor in East Brunswick must establish that you were “operating” a vehicle and did so while intoxicated (over the legal limit). To prove operation, the state must establish that you: (1) were in control of the vehicle; (2) intended to cause the vehicle to move; (3) engaged in conduct to place the vehicle in motion; and (4) the vehicle was capable of moving. These elements may be proven through direct evidence (e.g. testimony from someone who witnessed operation), through circumstantial evidence (i.e. facts tending to prove that the defendant operated the vehicle such as being found behind the wheel following an accident), or through admission by the accused. The second prong that must be met in order for you to be convicted is establishing that you were intoxicated at the time of the arrest/operation. This is done primarily through two tests, namely, Field Sobriety Tests and/or the Alcotest 7110 (Breathalyzer). While use of the former as a basis for proving intoxication is valid, these tests are usually only utilized to prove a DWI when there is no admissible breath test reading or laboratory report (i.e. blood test). Otherwise, field sobriety tests are used to establish probable cause to arrest following a stop. Different proofs must be used by the state when the charge involves driving under the influence of drugs.
East Brunswick DWI Defense
If someone is found guilty of an East Brunswick DWI charge, the judge must impose the penalties set forth in N.J.S.A. 39:4-50. The penalties for a first offense are different depending on the blood alcohol concentration (“BAC”) at the time of arrest. For a first offense involving a BAC of .08% or higher but less than .10%, the fine is between $250 and $400, there is a license suspension for three months, and a jail term of up to 30 days may be imposed. If the defendant’s BAC was higher than .10% and it is a first offense, then they will face a fine of $300 to $500, loss of license of a period between seven months and one year, and imprisonment for up to thirty days. The defendant will also be required to spend 12 to 48 hours at an Intoxicated Drivers Resource Center. For a second offense, the penalties escalate. The fine increases to between $500 and $1000, the loss of license is a period of two years, the defendant must spend between 48 hours and 90 days in jail and there is a 30 mandatory days of community service for a second offense. A Third Offense (or subsequent) carries a mandatory fine of $1,000, 180 days in jail (90 of which may be served in a drug rehabilitation facility), and a ten year loss of license. The jail term for a third offense may not be suspended. In addition to all of the aforementioned penalties, a mandatory Division of Motor Vehicles surcharge of $1,000 to $1,500 per year for three (3) years also applies upon conviction, along with the possibility of a requirement that the defendant install an ignition interlock device on their car.
Exceptional Training & Knowledge in DWI Defense
Although a East Brunswick DWI charge can admittedly result in potentially life-altering consequences, this type of outcome is far from certain. Field sobriety tests and the Alcotest are often administered inappropriately. The ability to spot these discrepancies may prove to be critical in helping you or someone you know keep your license and avoid heavy fines. Furthermore, even if you are found to be guilty, an experienced attorney may be able to lessen the severity of the offense, reducing the time for loss of license and time in jail. At The Law Offices of Jonathan F. Marshall, we have more training on the Alcotest than most police officers and, in fact, are one of two firms in the entire state to own the machine. Assuming the breath test results can be suppressed, something that we are able to achieve in many cases, then it comes down to field sobriety evidence. Our attorneys are not only among the approximately 15 lawyers certified in these tests, but also are instructors in field sobriety testing. It is rare to find an arresting officer with this level of expertise in field sobriety testing and you deserve nothing less than that in your DWI attorney. So if you or someone you love has been charged with DUI, whether it is your first, second, or third offense, in East Brunswick Township, please do not hesitate to contact our offices today to discuss the particulars of your case.
Map & Directions to East Brunswick Municipal Court
East Brunswick Background Information
East Brunswick is one of the larger municipalities in Middlesex County at 22.27 square miles. A host of major roadways traverse the municipality and lead to it being a popular destination for both resident and commercial enterprise. It is the home of the Brunswick Square Mall as will as the Tower Center that includes two 23 story buildings and a Hilton Hotel. As previously stated, the New Jersey Turnpike is the largest traffic artery with a Exit 9 located in the municipality. New Jersey Monthly has placed the community among the state’s 25 great towns.
