If you’ve been arrested in Roselle Park for DWI chances are you have a lot of questions and concerns. However one thing is certain, you need to hire an experienced drunk driving defense lawyer to vigorously defend your charges. Fighting a DUI is a tough uphill battle that can normally take months of court appearances and litigation. Our goal at Proetta & Oliver is to aggressively defend each of our client’s cases by challenging the state at every corner and leaving no piece of evidence unexplored. We are able to accomplish this through experience, knowledge and a unique set of training that few attorneys in the entire state of New Jersey can match. Founding attorney, Will Proetta, is a certified instructor of the SFST’s (standard field sobriety testing) in accordance with the National Highway Traffic Safety Administration – the same tests that the police administer to suspected DWI drivers. Moreover, Mr. Proetta has been specially trained by Draeger, the manufacturer of the Alcotest machine, (New Jersey’s breathalyzer) on its functionality, design, and how to properly operate and maintain the machine and even its potential problems. If you would like to learn more about how we can help you or your love one with your charges, contact our office at (908) 838- 0150 every free initial consultation with an experienced DWI defense lawyer.
Drunk Driving Stops in Roselle Park New Jersey
Roselle Park is a tiny borough located in the center of the county but the Police Department writes an extraordinary large amount of DWI tickets by heavily patrolling Route 28 (Westfield Avenue) which is the only major road which runs through the small town. If you are arrested for driving while intoxicated then you will most likely be summoned to appear in the Roselle Park Municipal Court. The Roselle Park municipal prosecutor is not allowed to offer any plea bargaining for DUI defendants according to guidelines of the AOC (administrative office of the courts). This makes fighting a DWI charge on your own very difficult and perilous and is not recommended if you want to have any chance of beating your charges. To make matters worse, you are not allowed a jury trial for drunk driving charges in New Jersey – your guilt or innocence will be decided solely by the municipal judge. Moreover, the judge has little leeway under the law if you are found guilty or plead guilty to a DWI. There is a mandatory ignition interlock device for even a first time offense and there can be additional penalties which include loss of your driver’s license, mandatory drunk driving classes, community service, and thousands and finds and surcharges.
Penalties for a Roselle Park DUI Charge are no Laughing Matter
A charge for Driving While Intoxicated is technically classified as a traffic offense, not a criminal offense. This matters a great deal because it means that DWI cases are handled in the local municipal court of the city or town where the drunk driving offense allegedly occurred, as opposed to being handled in the county superior court. It also means that the case will be decided by a judge, not a jury, because there are no jury trials at the municipal court level. However, the consideration of a DUI as a motor vehicle violation can be very misleading. Don’t let the fact that your DWI charge is considered a traffic offense fool you into thinking that there are no consequences for a conviction. A conviction on DWI charges can result in fines, suspension of your driver’s license, an ignition interlock device, and even a jail sentence.
The mandatory penalties for DUI offenses are actually built in to the New Jersey statutes so unlike other charges that leave the sentence to the judge to determine, the judge has little to no say in assessing the penalties for each defendant. For instance if your BAC reading is a .08% or .099% then you will be subject to a mandatory ignition interlock device installed in your vehicle for 90 days for a first offense. However, if your reading is a .10% or higher, there is a mandatory ignition interlock device for at least seven months and up to one year for the same first offense. In addition, if your reading meets or exceeds 0.15% BAC on a first offense, the interlock device is required for 9 months to 15 months, after your license has been suspended for between 4 and 6 months. For a second offense you will lose your license for a mandatory one to two years and have to install an interlock device in your car no matter what you’re reading is and your potential exposure to jail increases. For a third offense DWI you will lose your license for a mandatory 8 years no matter what your reading is and you will go to county jail for a mandatory six months. Interlock devices are also required during the period of suspension and subsequently, for a period ranging from 2 to 4 years.
Roselle Park NJ DWI Lawyer
As illustrated above, the penalties in New Jersey are tough and harsh and you need a tough and experienced DWI defense attorney to fight them. If you would like to speak with our office and learn more about how we can help you combat your DUI in Roselle Park, then contact us at (908) 838-0150 for a free initial consultation.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted