DWI Charges

DUI Defense Lawyers in Hamilton NJ

Although driving while intoxicated charges are considered traffic in New Jersey, the ramifications, if convicted, can be more devastating than most criminal charges. To make matters worse, DWI’s  / DUI’s are enhance-able offenses. What that means is that if a Defendant is convicted of a second or subsequent offense, the penalties will increase dramatically. As you will see below, a Defendant convicted of a DUI in New Jersey could be exposed to potential incarceration, mandatory rehabilitation treatment, a license loss, high fines, intoxicated drivers resource center and the imposition of the ignition interlock device.

If you have been charged with a driving under the influence in Mercer County, the DUI defense attorneys at Proetta & Oliver can help. Our office serves all of Mercer County and we routinely represent clients charged with DWI offenses in the following courts, the Hamilton Municipal Court, the Ewing Municipal Court, the West Windsor Municipal Court, the East Windsor Municipal Court, the Lawrenceville Municipal Court, the West Windsor Municipal Court, the Robbinsville Municipal Court and the City of Trenton Municipal Court. If you would like to schedule a free initial consultation with Mr. Oliver then please contact us directly at (609) 789-0779. Our Mercer County DWI defense attorneys are available 24/7 to help assist in any way possible. Now here is some crucial information on DWI offenses.

Breathalyzer Certified & Standard Field Sobriety Testing Instructor

Since plea bargaining is prohibited when it comes to DWI offenses, it is imperative that you hire an experienced New Jersey DUI defense lawyer to fight your charges. Our attorneys have successfully handled hundreds of DWI charges throughout New Jersey and Mercer County. This includes extensive DWI trial experience such as suppression of DWI breathalyzer (Alcotest) readings that can result in a substantial downgrade or complete dismissal. Here is a list of some most frequent Courts that our office defends DWI cases in.

Key Information to Know About DWI Cases in Mercer County

Here are some of the key practice areas that may be helpful when trying to understand DWI offenses in New Jersey.

DWI Are Classified As Traffic Offense in New Jersey

When compared to other states throughout the Country, the only lenient aspect of New Jersey’s DWI’s laws is probably the fact that we treat them as traffic offenses and not criminal offenses. That means that if an individual is convicted of driving while intoxicated they will not have a permanent criminal record as a result. With that being said, DWI convictions will appear on that individual’s driver’s abstract. Furthermore, unlike criminal convictions which eventually could be expunged, driving offenses cannot. That means that they will never expire.

Common Criminal Charges Issued in Connection with DWI Cases

It is very common for a defendant who is charged with driving under the influence to also be charged with additional criminal offenses as well. Some of the more frequent criminal offenses we see being issued in connection with a DUI include: assault by auto, possession of CDS, eluding, resisting arrest, unlawful possession of a handgun and endangering the welfare of a child. Most of these offenses tend to originate from searches conducted incident to the arrest for DWI. Regardless of the basis behind the charge, being charged criminally for what started out as routine DWI traffic offense complicates things drastically. For example, the Defendant is no longer just facing a traffic offense and the reality of jail time drastically increase. Also, since most of the offenses will be considered indictable offenses (felony), the entire case, including the DWI will need to be transferred from local municipal court to the Mercer County Superior Court for disposition.

Ways to Defend DUI Cases in Court in Mercer County NJ

Since plea bargaining is prohibited when it comes to driving while intoxicated cases in New Jersey it is crucial to be able to challenge all aspects of the case. Here are just a few of the areas that we look to attack when it comes to DUI charges:

  • Was there probable cause for the stop?
    • What was basis for the stop?
  • Was their a basis to pull the driver out of the car?
    • What was the reasonable articulable suspicion?
  • How did the driver do on the field sobriety tests?
    • Did he actually pass?
    • Was the driver given the proper instructions?
  • Was the Alcotest Machine Administered Properly?
    • Was the driver observed for 20 minutes?
    • Were all electronic devices removed from the room?

These are just a few of the areas that we would look to exploit when it comes to challenged DWI cases in Court. We will also use the services of an expert to help illustrate any of the issues we uncover.

Defending Clients accused of DWI in Courts Throughout Mercer County

Proetta, Oliver & Fay is an experienced DUI defense firm that serves all of Mercer County. If you or a loved one has been arrested and charged with driving while intoxicated in towns like Hamilton, Robbinsville, Lawrence, Trenton, Hopewell, Pennington, West Windsor and Ewing, we can help. As you can tell from above, these charges can drastically affect one’s life. The penalties can range all the way up to a mandatory 180 days in the County Jail and a 8 year drivers license loss. If you would like a free initial consultation then please contact us directly at (609) 789-0779 for a confidential phone consultation or appointment at our office.  We fully understand that being charged with these type of offenses can be extremely nerve wracking therefore we are available 24/7 to help assist in any way possible.