Parsippany, Pennington, Point Pleasant, Red Bank, Ridgewood DWI Lawyers

Parsippany

Stephen M. Pascarella: If you have been charged with a drunk driving offense in the State of New Jersey you are facing, presumably, some of the toughest penalties nationwide. Not only are you facing a loss of your driving privileges, depending on your particular circumstances, you could be facing mandatory jail time. The reality of your situation is the same as that of approximately 60,000 other drivers this year in New Jersey; you must make decisions that will impact on both you and your loved ones. The first decision you should consider is that of finding an experienced attorney to handle the charges that have been levied against you. In addition, you're probably looking to find answers to a number of other questions that, quite frankly, only an experienced and well versed attorney will be able to answer for you. For instance, how will a DWI conviction affect your insurance rates; will my spouse (or children) be impacted because they are on the same policy of insurance; do I face jail time; how long can I lose my license; how much money will I need to pay fines, hire a lawyer etc. Of course these are, but a few of, the questions that most individuals charged with DWI ask; in your case there may be many more.
Hoberman, Resch, DiPiazza & Driscoll, P.C: Drunk driving is classified as operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle.

Pennington

Carl Ippolito: Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 requires courts to advise a defendant considering entering into a plea agreement that the defendant has no right to withdraw the plea if the court does not follow the prosecutor's request or recommendation. In fact, failure to warn a defendant that there is no right to withdraw a plea if the court rejects the prosecutor's request or recommendation may entitle a defendant who is subsequently convicted to obtain relief based on a Rule 11 failing.

Phillipsburg

Winegar, Wilhelm,Glynn & Roemersma: A DUI/DWI conviction will taint your driving record, impact your insurance rights, and may even cause the loss of your license. If you are charged with DUI/DWI, you need experienced DUI/DWI counsel. We are experienced DUI/DWI trial attorneys and we will utilize our skill and experience to protect your rights.

Point Pleasant

John Menzel: Almost all drunk driving charges arise from arrests which are considered warrantless seizures. Seizures made without an arrest warrant are presumed to be unreasonable. Thus, the State must establish that the officer had probable cause to (a) stop you, and (b) arrest you for drunk driving. Probable cause is a reasonable basis to act, usually involving a suspicion that you violated the law. The State must establish probable cause by a preponderance of the evidence.

Pompton Plains

Azrak & Associates: It must be remembered, however, that it is not necessary for the police to produce a breathalyzer result or a blood or urine test in order for a person to be found guilty of DWI. Police frequently use a series of psychological and physical roadside tests to determine if the driver appears to be under the influence of alcohol or drugs so as to justify requiring him to take the breathalyzer; that is, to establish probable cause for requiring the breathalyzer test. Also, the test results can be used, along with observations of the drivers demeanor, appearance and behavior, as circumstantial evidence to draw an inference that the driver is under the influence of alcohol or drugs.

Princeton

Lependorf & Silverstein: A DWI charge will usually come with a heavy fine and license suspension. In New Jersey, fines for a drunk driving offense can range from $250 to $1000. For a first time offense, the license will usually be suspended for seven months; second offense, two years; and a third offense, up to ten years. These consequences can be life altering. The financial costs and social stigmas that come with a DWI offense can cause pain and suffering for you and your family. It is vital that you have aggressive legal representation to fight your case. The laws surrounding drunk driving offenses can be confusing and misleading to some. It is important to know what to do if you are pulled over and suspected of DWI. After pulling you over, the officer will ask for your driver's license and vehicle registration and he or she may ask you to perform several field sobriety tests. You DO NOT have to take these field sobriety tests! New Jersey statutes say that you must take a breath test if you drive on the road. "Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood." Many people that are accused of DWI do not understand or know their rights. Some do not seek help from an attorney and simply plead guilty in court. You may have other options!

Red Bank

Randolf Wolf: Due to the fact that citizen's arrest laws are state specific, few general rules can be distilled from a survey of such laws. For instance, while some states allow citizen's arrests where an individual observes another engaged in a felony, others do not. Further, some states limit a private citizen's right to make arrests by requiring the arrest to have taken place at night. States also differ regarding what level of force may be used against the detained individual. In addition, some laws require that the citizen's actions be taken for the purpose of aiding law enforcement. Despite these differences, most states allow private citizens to place others under arrest if both of the following elements are present: 1. A crime was committed in the citizen's presence 2. The citizen has a reasonable belief that the detained individual has committed a felony, either in the presence of the citizen or otherwise.

Ridgewood

Lawrence Simon: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI or DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.