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Search for New Jersey DWI
Attorneys by County.
Cinnamonsin, Clifton, Collingswood, Cranbury, East Brunswick, Eatontown, Edison, Elizabeth DWI Lawyers
Cinnamonsin
- Albert Afonso:
DWI is a serious offense in New Jersey. The Court¬Ý must¬Ý impose
significant license suspensions,¬Ý fines, surcharges, Intoxicated Driver
Resource Center participation and in certain cases, jail and community
service.¬Ý The Division of Motor Vehicles must also impose a mandatory
insurance surcharge from $3,000 to $3,500. Frequently, automobile
insurance is also cancelled which can only be repurchased at the highest
rates. A permanent record of the DWI conviction is also entered on the
Drivers Abstract maintained by the New Jersey Division of Motor Vehicles.
No ’Äú work license’Äù¬Ý is available during the period of suspension and
penalties for operation while suspended for DWI require mandatory jail¬Ý
and additional license suspension. ¬ÝPenalties differ depending¬Ý upon
whether the offense is a first, second or subsequent offense.
Clifton
- Terence Scott:
In many cases, problems with the law such as an arrest or conviction can be cleaned off a criminal record thus avoiding embarrassment, as well as provide one with both peace of mind and security when applying for school or a new job.
In cases of certain convictions, students are ineligible to receive financial aid either for a yearl or permanently. In the Health Care field, recent legislation requires that records of all employees be checked to determine the existence of a prior record.
By successfully expunging your prior record, your arrest and/or conviction(s) are sealed and removed from your criminal history. The expungement process involves an evaluation of your matter, and if applicable, applying for and obtaining a Court Order cleaning your criminal record, which removes these items from your past and prevents the future release of this information to prospective employers, agencies, schools, curious individuals, and law enforcement. The process takes approximately sixty (60) days from the date of filing, and typically cost from $1050. In many cases, no court appearance is required of you.
Collingswood
- Steven Friedman:
The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant.
- Cuneo & Hensler:
Because so many municipal court matters actually settle, you need an experienced New Jersey municipal court attorney who knows the laws and knows how to work out a deal with the prosecutors. You have to be able to live with the way your issue is resolved...
Cranbury
- Kenneth A. Vercammen:
The defense of a person charged with driving while intoxicated
is a very difficult task. However, you should not automatically
plead guilty without speaking with an attorney to save a few
dollars. There are a number of viable defenses and arguments
which can be pursued to achieve a successful result. Advocacy,
commitment, and persistence are essential to defending someone
accused of involvement with alcohol.
East Brunswick
- Darryl Saunders:
When you are charged with a crime your whole world turns upside down. Only a tough, experienced lawyer can protect you from prosecution. You need an attorney who knows how to fight the battle and gives a 100% effort every time.
- Jeffrey Goldblatt:
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.
- Hillary Brower:
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.
- Eric Morrell:
Finding Guilt Beyond a Reasonable Doubt
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Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure.¬Ý In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt."¬Ý 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."¬Ý Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning.¬Ý Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied.
- Theodore Sliwinski:
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.
Eatontown
- Evan Nappen:
EXPUNGEMENT OF
CRIMINAL RECORDS
(1) What is an expungement?
A: Under N.J.S. 2C:52-1 et seq., all records on file with any court, correctional facility, law enforcement or criminal justice agency regarding a person’s detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system may be extracted and isolated. In effect, a person’s criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.
(2) What records are actually expunged?
A: The records which are actually expunged include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets”, and judicial docket records.
(3) Who is eligible for an expungement?
A: Expungement eligibility is a highly technical area in which one should ask a qualified attorney regarding one’s specific facts situation. Generally speaking, a person may have a criminal offense expunged if ten (10) years has passed since the completion of one’s sentence. Disorderly persons offenses and petty disorderly persons offenses may be expunged after five (5) years. Town Ordinance offenses may be expunged after two (2) years. An arrest not resulting in a conviction may generally be expunged without delay. There are limits as to the number of matters that may be expunged, and there are offenses that may not be expunged. There are also other various statutory limitations regarding expungements, which are too technical to list.
(4) May an expungement help a person with a criminal record to lawfully possess firearms?
A: Yes. Because an expungement removes the conviction/criminal record and deems it not to have occurred, the expungement has the effect of removing the disqualification placed upon a convicted person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.
NOTE:
A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time, an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal government recognizes State expungement. This expressed recognition may be found under U.S.C.A. Title 18, 921 (a)(20).
Expungement of an otherwise qualifying offense also removes a person from being subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban.
Expungement has now taken on an even greater significance with the advent of NICS (National Instant Check System). Expungement may clear certain criminal records which could have otherwise formed a basis for NICS denial.
EXPUNGEMENT OF
MENTAL HEALTH RECORDS
(1) What is an expungement?
A: Under N.J.S. 30:4-80.11., if an order expunging a mental health commitment is granted, the commitment shall be deemed not to have occurred and the recipient of the expungement may answer accordingly any question related to the commitment. In effect, a person’s mental health commitment record is erased and legally deemed not to have occurred.
(2) Who is eligible for an expungement?
A: Expungement eligibility is a highly technical area in which one should ask a qualified attorney regarding one’s specific facts situation. Generally speaking, under N.J.S. 30:4-80.8, a person may have a mental health expungement if they have been committed by order of any court or by voluntary commitment to any institution or facility providing mental health services. A person who has been discharged as recovered or substantially improved or substantially in remission may apply to the Superior Court for relief.
(4) May an expungement help a person with a mental health commitment record to lawfully possess firearms?
A: Yes. Because an expungement removes the commitment and the commitment is deemed not to have occurred, the expungement has the effect of removing the disqualification placed upon a person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.
Edison
- Levinson, Axelrod, Wheaton,
Grayzel, Caulfield, Marcolus & Dunn P.C.:
DWI is a serious motor vehicle offense carrying substantial
penalties, surcharges, insurance surcharges, and loss of driving
privileges, A lawyer experienced in this area of the law can obtain
all the appropriate records of your arrest and breathalyzer test
results.
Elizabeth
- Maria Velez:
In a landmark 1969 U.S. Supreme Court case, Chimel v. California, the Court held that law enforcement officers may conduct warrantless searches of arrested individuals and their immediate surrounding areas. This rule is known as the "search incident to an arrest" exception to the Fourth Amendment's prohibition against unreasonable searches.
- Robert Ungvary:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury must be convinced beyond a reasonable doubt that the
person's blood alcohol content (BAC) exceeded a certain amount. In most
states the legal limit is .10 percent. Therefore, if it is proved that
the person's BAC at the time of the incident was .10 percent or
greater, he or she can be convicted of drunk driving, regardless of how
much alcohol was actually consumed. As a practical matter, one drink
would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a
BAC of .10 percent. However, if there was something unique about the
person or the drink, or other circumstance, one drink could raise the
BAC above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
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