Despite the fact that DWI charges are classified as motor vehicle violations in the state of New Jersey, the accompanying consequences are tougher than the majority of disorderly persons penalties. This is because, unlike in criminal law, New Jersey courts do not allow for any type of plea negotiations for DWI cases. Additionally, while criminal cases are tried before a jury of peers, which leads to a high threshold of proof (such as ‘beyond a reasonable doubt’), Driving While Intoxicated cases are tried before a municipal court judge. This leads to a significantly lower threshold of proof that must be met in order for the prosecution to gain a conviction. This is just one reason as to why it is absolutely critical to retain an experienced New Jersey DWI lawyer to handle your case. The attorneys at the Law Offices of Proetta & Oliver have successfully handled hundreds of DWI cases. Additionally, the firm’s founding attorney, William A. Proetta, is one of a handful of lawyers in the state that holds valuable dual certification as an Instructor for Standard Field Sobriety Testing (SFST) as well as for the operation and proper maintenance of the Alcotest machine, the mechanism by which police in NJ measure BAC%. These unique qualifications allow our attorneys to analyze your case and customize your defense to your specific facts and needs. Please contact our Toms River office at (848) 238-2100 to speak with an experienced Ocean County DWI attorney in order to discuss your case in a free initial consultation.
Every year, Brick Township issues among the highest number of summonses for DWI summonses in Ocean County as well as in the entire state of New Jersey. This is likely due to its convenient location and inclusion of major roadways within its borders, as well as an active state and local police presence. These roadways include the Garden State Parkway, Route 70 and Route 88. If you have been charged with drunk driving within the town limits then you will have to report to Brick Municipal Court where the case will inevitably be heard. DWI cases can last for several months and even over a year in some cases. This can be due to the very serious penalties and the voluminous discovery that can often take weeks or even months to retrieve and analyze. It is important to remember that it is the state’s burden to prove the case against you.
The state will typically seek to prove a DWI in two ways:
Standard Field Sobriety Testing/ Observations
One Leg Stand
Walk and Turn
Horizontal Gaze Nystagmus (Eye Test)
Odor of alcohol on breath
Stumbling or fumbling license, insurance, or registration papers
2. The Alcotest 7110 Machine
If the reading shows a BAC of .08% or higher is a per se violation
Note – In a refusal case, or the reading was suppressed because of mechanical or human error, then the DWI can still be proven by the SFST’s and the officer’s observations.
Contact Brick New Jersey DWI Lawyers for a Free Consultation
At the Law Offices of Proetta & Oliver, our attorneys utilize a strategy of defense that hinges upon our expertise in pinpointing technicalities associated with mechanical or human error in administering a SFST or Alcotest. We then exploit them to create problems with the state’s case against you. The state must prove certain elements, so it is our goal to block those elements from the state’s proofs. If the state fails to prove the listed elements, then the DUI charge may be significantly diminished or even dismissed in its entirety. If you would like gain more information about how our Ocean County DWI defense lawyers can help to build a strategy customized to your particular case then please contact our Toms River office at (848) 238-2100.