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Frequently Asked Questions (FAQs) In New Jersey Drunk Driving Cases
East Brunswick NJ DWI Defense Lawyer
The experienced team of criminal defense trial lawyers at the Law Offices of Jonathan F. Marshall represents clients charged with driving while intoxicated (DWI), driving under the influence (DUI), refusal to submit to a breath test, and reckless driving throughout New Jersey including in Woodbridge, Old Bridge, Edison, Sayreville, and New Brunswick. Our skilled drunk driving lawyers are available 24 hours a day, 7 days a week, to provide immediate assistance. Please call us today at 732-450-8300 or 732-246-7126.
Since it is illegal to plea bargain DWI cases in New Jersey, do I really need a lawyer?
Yes, although it is illegal to plea bargain drunk driving cases in New Jersey, an experienced criminal defense lawyer can isolate a significant issue with regard to the State’s ability to prove their case. As a result of the State’s inability to prove their case beyond a reasonable doubt, the charge may be downgraded or dismissed depending on the severity of the defect.
Am I entitled to a jury trial if charged with driving while intoxicated (DWI) in New Jersey?
No, drunk driving is not a “criminal offense” within the meaning of the New Jersey Constitution. As a result, you are not entitled to a jury trial. DWI cases are tried before a Municipal Court Judge in the town or municipality you are charged.
Are drunk driving checkpoints legal in New Jersey?
The short answer is yes as long as certain procedures are followed. A roadblock or DWI checkpoint in New Jersey is constitutional if the location of the checkpoint is appropriate based on historical arrest rates at the location, public safety and awareness would be fostered by the checkpoint, there is participation in command and supervision, and notice of the checkpoint is published to provide motorists with notice. If these procedures are followed, the DWI checkpoint is valid.
If police ask me to submit to a breath test, do I have to?
Yes, under New Jersey law N.J.S.A. 39:4-50.2, drivers consent to providing their breath samples for the purpose of determining the content of alcohol in the driver’s blood.
If the court suspends my license, can I get a provisional or work license?
No, New Jersey does not allow work licenses.
Am I facing DMV surcharges as a result of a DWI conviction in New Jersey?
Yes, for a first or second offense DWI, the surcharges are $1,000 per year for three (3) years. For a third offense DWI, the surcharge is $1,500 per year for three (3) years.
Middlesex County DWI Attorneys with Offices in New Brunswick, Woodbridge, Piscataway and East Brunswick
For additional information or if you have questions that are not answered above, please contact our criminal defense lawyers for immediate assistance or to schedule an appointment in our Woodbridge office at 732-634-0700. As the largest DWI firm in New Jersey, our defense experts and former prosecutors can answer your questions and determine the best defense strategy for your particular case. All of our lawyers welcome the opportunity to talk with you.