Need Defense Attorney for DWI in Hightstown
If you have been pulled over and charged with driving while intoxicated (DWI) in Hightstown, New Jersey you will be forced to appear in the Hightstown Municipal Court to answer for those charges. Unlike most municipal courts in New Jersey, the Hightstown Municipal Court is not actually located in the Borough but located in neighboring Robbinsville Township at 1117 Route 130. Although DWI charges are considered traffic offenses in New Jersey, the potential penalties that an individual faces if convicted are more devastating than most disorderly persons offenses (misdemeanors). In addition to that, plea bargaining is prohibited when it DWI offenses, which makes defending these types of charges even more difficult. Just to put that into perspective, DWI’s are one of two offenses in New Jersey where plea bargaining is not allowed, the other being possession of marijuana under 50 grams. That is why it is crucial that if you find yourself in this situation that speak to an experienced Hightstown DWI defense lawyer as soon as possible.
Is Hiring a DWI Lawyer Necessary in Hightstown NJ?
The attorneys Keith Oliver Criminal Law have been representing clients accused of DUI, in towns throughout Mercer County for almost a decade now. One of the firm’s founding partners has even sought out and obtained specialized DWI defense training in order to successfully contest these types of offenses. Mr. Proetta has been certified by not only the breathalyzer manufacturer, Draeger Diagnostics, as an operator for the Alcotest machine but also by the National Highway Traffic Safety Administration as an Instructor of the Standard Field Sobriety Testing (SFST). The SFST and the Alcotest readings are the two key pieces of evidence in a DWI trial in New Jersey. Without successfully introducing those pieces of evidence at trial, the chance of the State winning is drastically reduced. If you would like to come into our office and speak to one of attorneys about your options then please contact us directly at (609) 789-0779. We are well aware that these types of offenses occur at all hours of the day as such we try and make ourselves available around the clock to help assist in anyway possible. Here is some more information on Hightstown DUI charges.
DWI Charges in Hightstown, New Jersey
New Jersey does not differentiate between driving while intoxicated (DWI) and driving under the influence (DUI) charges. The governing statute in New Jersey is N.J.S.A. 39:4-50. Since plea bargaining is prohibited on DWI offenses in New Jersey, defense attorneys have to be extremely creative when it comes to defending these types of charges. Here is a few key areas that our experienced Hightstown DUI defense attorneys seek to attack:
- Operation – Was the Defendant actually operating the motor vehicle? Was there intent to operate the motor vehicle?
- Standardized Field Sobriety Tests – Did the officer properly instruct the tests? Is there any medical reasons that would have prevented the Defendant from performing the tests successfully? Did the Defendant actually fail the tests?
- Alcotest Machine – Was the machine working properly? Was the machine calibrated? Did the officer follow proper protocol? Were the mouthpieces changed? Was the Defendant observed for 20 minutes uninterrupted prior to submitting a sample?
- Probable Cause – Was there probable cause for the stop? Did the Defendant actually commit a motor vehicle violation?
These are just a few of the areas that our Hightstown DUI defense attorneys seek to attack. If you would like to come into our office and speak to one of our Mercer County DWI defense lawyers about your options then please contact us at (609)789-0779. We can examine the state’s proofs, discuss any potential issues and even suggest hiring an expert to combat the state’s proofs. Furthermore, DWI offenses are also enhanceable offenses, meaning that the penalties drastically increase for any second or subsequent offense, even if the prior offenses do not occur in New Jersey. Here is a breakdown of those penalties.
What are the Penalties for a DUI In NJ?
Lower Tier 1st Offense Driving While Intoxicated: The Blood Alcohol Content is less than .10%
- A Mandatory 3 month loss of driver’s license;
- A fine up to $400;
- 12 to 48 hours in the Intoxicated Drivers Resource Center (IDRC);
- About $325 in Fees & Assessments.
1st Offense Driving While Intoxicated: The Blood Alcohol Content is greater than .10%
- A mandatory 7 to 12 month loss of driver’s license;
- A fine up to $400;
- 12 to 48 hours in the Intoxicated Drivers Resource Center (IDRC);
- Up to 30 Days in the Mercer County Jail;
- Mandatory Ignition Interlock Device – if the BAC was a .15% or greater
- About $325 in Fees & Assessments;
2nd Offense Driving Under the Influence:
- A mandatory 2 year loss of driver’s license;
- A fine up to $500;
- 12 to 48 hours in the Intoxicated Drivers Resource Center (IDRC);
- A mandatory 48 hours to 90 days in the Mercer County Jail, but that may be served in the Intoxicated Drivers Resource Center (IDRC)
- A Mandatory 30 Days of Community Service;
- Mandatory Ignition Interlock Device;
- About $325 in Fees & Assessments.
3rd Offense Driving Under the Influence:
- A mandatory 10 year loss of driver’s license;
- A mandatory $1,000 fine;
- A mandatory 180 days in the Mercer County Jail; 90 days may be served in an inpatient rehab if approved by the Court;
- About $325 in Fees & Assessments;
- Mandatory Ignition Interlock Device;
- Up to 90 Days of Community Service.
Hightstown NJ DUI Charge Attorneys
So, as you can see the already harsh penalties drastically increase for every second or subsequent offense. If you have been charged with a DWI, endangering the welfare of a child, assault by auto, death by auto or driving while suspended in Hightstown, the Keith Oliver Criminal Law can help. Our dui defense attorneys have been appearing in the Hightstown Municipal Court for years now. If you would like to speak to someone today about your options then please contact us at (609) 789-0779. These are extremely serious charges and one’s that are kept on a tight leash. The courts like to resolve these types of cases within 60 days, which is makes time of the essences. So if you have any questions, please do not hesitate to contact us.