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DWI Lawyers Defense Attorneys in Trenton New Jersey
If you have been accused of driving while intoxicated in Trenton, New Jersey it is crucial that you speak to an experienced DUI defense lawyer about your options. Anyone convicted of a DWI offense in New Jersey will be facing not only high fines, but a mandatory license suspension and even jail time regardless if this is a first offense. New Jersey takes DWI offenses very seriously, in fact they are one of only two offenses under the entire criminal code where plea bargaining is not allowed. On top of that, since they are considered traffic offenses in New Jersey a Defendant is not entitled to a jury trial either. That means that the Judge will be the trier of fact. If you have been charged with driving under the influence or refusal to submit to a breath sample in Trenton, the Law Offices of Proetta & Oliver can help.
Will Hiring a Lawyer help with a DUI Charge in NJ?
Our team of Trenton DWI defense lawyers possess the skill set necessary to fight to protect your rights. Mr. Proetta, one of the firm’s founding partners, has received very unique certifications in the area of DWI defense. He has been certified by the National Highway Traffic Safety Administration as an instructor of the Standardized Field Sobriety Tests (SFST) and also has been certified by Draegar on the operations and maintenance of the Alcotest. The Alcotest is the machine that New Jersey uses in order to obtain a Defendant’s Blood Alcohol Content (BAC). The SFST’s and a Defendant’s BAC are the two main pieces of evidence that the Trenton Municipal Prosecutor will use at trial. Being properly trained in these two areas gives our Trenton DUI lawyers an avenue to attack the State’s case. If you would like to come into our office for a free initial consultation then please contact us directly at (609)789-0779. These types of offenses are very time sensitive, so if you have any questions please do not hesitate to contact one of the New Jersey DWI defense attorneys at Proetta & Oliver.
How Serious are DWI Charges in New Jersey?
The City of Trenton Municipal Court, which is located at 225 North Clinton Ave, has jurisdiction over all DWI matters that occur within the city. Although these offenses are traffic in nature the potential penalties that someone faces if convicted are devastating. In fact, most people would suggest that being convicted of a DWI offense is worse than being convicted of some criminal offenses. Also, DWI charges are enhanceable offenses, meaning that anyone convicted of a second or subsequent DWI offense will face even harsher penalties. For more information on the potential penalties, please see below.
What am I facing if Convicted of a DUI in NJ?
Breakdown of Penalties for Driving While Intoxicated Charges in NJ
First offense DWI charges are actually broken down into two separate tiers and the penalties drastically differ depending on what tier a Defendant is convicted of. A tier one DWI charge occurs when a Defendant BAC is less than a .10%. If convicted of this section a Defendant faces a mandatory three month loss of licenses, up to thirty days in the Mercer County Jail, a fine up to $400 and 12 hours in the Intoxicated Drivers Resource Center. A tier two DWI charge occurs when a Defendant BAC is over .10%. If convicted under this section, a Defendant faces anywhere seven to twelve month loss of license, up to thirty days in the Mercer County Jail, a fine to $400 and 12 hours in the Intoxicated Drivers Resource Center.
Second offense DWI’s differ from first offense DWI’s as there is no tiering, the penalties are the same regardless of the reading. If convicted of a second offense DWI a Defendant faces a mandatory two year loss of licenses, 2 to 90 days in the Mercer County Jail, a fine up to $1,000, 12 to 48 hours in the Intoxicated Drivers Resource Center, installation of the ignition interlock device and thirty days of community services.
Third offense DWI’s are the same as second offense DWI’s as there is no tiering, the penalties are the same regardless of the reading. If convicted of a third offense DWI a Defendant faces a mandatory ten year loss of licenses, 180 days in the Mercer County Jail (90 of which can be served in an Inpatient Rehab), a fine of $1,000, installation of the ignition interlock device and up to 90 days of community services.
Do DWI Offenses ever go Away in NJ?
It is important to note here that New Jersey has what is known as a “step down”. A step down allows for a Defendant convicted of a DWI to be sentenced one offense level lower provided there has been at least a 10 year gap between DWI convictions. So if a Defendant is convicted of a DWI in July of 2000 in Trenton and gets convicted of another DWI in Lawrence in August of 2012, the Defendant will be sentenced as a first time offender as opposed to a second. Also, New Jersey does not allow for temporary driver’s licenses regardless of the hardships. For more information on DUI offenses in Trenton, New Jersey please contact us directly at (609)789-0779.
Facing a DWI Charge in Trenton Municipal Court
If you have been arrested for a DWI in Trenton it is crucial that you speak to not only an experienced Trenton DUI defense lawyer but an experienced Trenton Municipal Court defense lawyer. Our office defends clients accused of a DWI, DUI, assault by auto, endangering the welfare of a child and refusal to submit to a breath sample in the City of Trenton Municipal Court. If you would like to discuss your options with one of our experienced Mercer County DWI defense attorneys then please contact us at (609)789-0779. We are available around the clock to help assist anyway possible.