DUI/DWI & Traffic Violations

DUI/DWI & Traffic Violations New Jersey

The Municipal Courts in the State of New Jersey are responsible for handling motor vehicle charges, disorderly persons offenses and ordinance violations. The penalties and fines that can be imposed for these types of convictions can be significant and severe. I served as the public defender in Aberdeen Township for 10 years and I was the public defendant in Old Bridge Township for 13 years. I have appeared in almost every Municipal Court in the State of New Jersey.

If you have received a summons for any offense under the jurisdiction of the New Jersey Municipal Courts, you should retain counsel to represent you in order to avoid the imposition of significant fines and penalties.  The most serious offenses heard in the New Jersey Municipal Courts are drunk driving and driving on the revoked list.

Driving While Intoxicated/Driving Under the Influence (DWI/DUI) N.J.S.A. 39:4-50

In the event that you have been arrested and charged with drunk driving in the State of New Jersey, you face the following potential penalties and fines if you are convicted or plead guilty to them:

FIRST OFFENSE (Blood Alcohol Concentration .08% to .10%)

  • In the Court’s discretion you can be imprisoned in the county jail up to 30 days
  • Fines between $250 and $400
  • Driver’s License will be suspended until you pay for and install an ignition interlock device
  • Attendance at alcohol education classes at an Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours

FIRST OFFENSE (Blood Alcohol Concentration .10% but less than .15%)

  • In the Court’s discretion you can be imprisoned in the county jail up to 30 days
  • Fines between $300 and $500
  • Driver’s License will be suspended until you pay for and install an ignition interlock device
  • Attendance at alcohol education classes at an Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours

FIRST OFFENSE (Blood Alcohol Concentration .15% or higher)

  • In the Court’s discretion you can be imprisoned in the county jail up to 30 days
  • Fines between $300 and $500
  • Driver’s license will be suspended for 4 to 6 months following the installation of an ignition interlock device
  • Attendance at alcohol education classes at an Intoxicated Driver Resource Center (IDRC) up to 48 hours

SECOND OFFENSE

  • In the Court’s discretion you can be imprisoned in the county jail up to 90 days, but 2 days imprisonment is the minimum
  • Fines between $500 to $1,000
  • Driver’s License will be suspended for 1 to 2 years
  • Installation of ignition interlock device for 2 to 4 years after suspension of driver’s license

THIRD OFFENSE

  • Imprisonment in the county jail for a minimum of 6 months (can be lowered for each day, not exceeding 90 days, served in a participating drug or alcohol inpatient rehabilitation program) approved by the IDRC
  • Fine of $1,000
  • Driver’s License will be suspended for 8 years
  • Installation of ignition interlock device for 2 to 4 years after the suspension of driver’s license

INTERLOCK IGNITION DEVICE INFORMATION

The Municipal Court is required to notify the Motor Vehicle Commission (MVC) whenever a person has been ordered by it to install an ignition interlock device. The MVC is responsible for certifying (or causing to be certified) all approved ignition interlock devices. In addition, the MVC is required to imprint a notation on the defendant’s new driver’s license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device. This imprint is designed to alert the police and other law enforcement officers that the driver is only permitted to operate a motor vehicle equipped with an approved ignition interlock device. The newly imprinted license is only issued by the MVC as part of the license restoration process, which occurs following license forfeiture for DWI/DUI or refusal.

CONVICTIONS DUE TO USE OF DRUGS

Under the current law, first time offenders found guilty of being under the influence of drugs are not subject to the ignition interlock requirements, but instead receive a longer period of license forfeiture, which is between 7 months to 1 year.

Driving on the Revoked List or Driving with a Suspended License N.J.S.A. 39:3-40

Driving in the State of New Jersey is necessary because of the lack of a good and efficient public transportation system; however, it is a privilege and not a right under the law. Therefore, if you are convicted of driving on the revoked list, which is also known as driving with a suspended license, it will impose a significant hardship on your life and your livelihood because you will not be able to drive to your job, school, your house, the grocery store or any other location. The penalties and fines for driving on the revoked list are significant and severe, but I have successfully defended that charge many times. The penalties and fines are as follows:

FIRST OFFENSE

  • $500 fine
  • Suspension of driving privileges up to 6 months

SECOND OFFENSE

  • $750 fine
  • Imprisonment in the county jail from 1 to 5 days
  • Suspension of driving privileges up to 6 months

THIRD OFFENSE

  • $1,000 fine
  • Imprisonment in the county jail for 10 days
  • Suspension of driving privileges up to 6 months

I am a solo practitioner, which means that I am the only attorney in my law firm that will handle your case. Your case will get the individual attention that it deserves and requires. I am devoted to handling your case and representing you effectively. I deeply and genuinely care about your case. I always work diligently to achieve a successful result in all of my cases. You do not want to lose your case and neither do I. I am available 24/7 to answer your questions, concerns and worries about your case by scheduling an appointment in my law office to talk with me face to face or by communicating with me via telephone or by email. Your phone calls and emails will be responded to by me personally within a few hours of their receipt.