In spite of the fact that Driving While Intoxicated charges are classified as motor vehicle violations in the state of New Jersey and not as criminal offenses, DWI consequences are tougher than a majority of criminal misdemeanor penalties. This is because New Jersey courts are among the most severe in the nation in their handling of DWI cases. Furthermore, New Jersey courts do not allow for defense attorneys and prosecutors to engage in plea negotiations for DWI cases. Additionally, while criminal cases are tried before a jury of peers, DWI cases are tried before a municipal court judge who is the sole arbiter of your fate. This leads to a significantly lower threshold of proof that the prosecution must meet in order to gain a conviction. These are just some of the reasons why it is absolutely paramount to retain an experienced DWI lawyer to handle your case. The attorneys at the Law Offices of William A. Proetta have successfully handled hundreds of DWI cases. In addition, the firm’s founding attorney, William A. Proetta, is one of a handful of lawyers in the state that holds dual certification for Instructor level for Standard Field Sobriety Testing (SFST) as well as for the operation and proper maintenance of the Alcotest 7110 machine. These unique qualifications allow our attorneys to analyze your case and customize your defense. Please contact our office at (848) 238-2100 to speak to an experienced DWI attorney in order to build a customized defense strategy designed to meet your needs.
Every year, Eagleswood Township issues a large number of DWI summonses. This is likely due to its important location on the Jersey Shore in southern Ocean County and in between northern NJ and Atlantic City. If you have been charged with drunk driving within the town limits then you will have to report to the Eagleswood Township Municipal Court where the case will inevitably be tried. DWI cases may last for several months and in some circumstances, over a year. This is due to the very serious penalties at stake and voluminous discovery that can take months to retrieve and analyze. It is important to remember that it is the state’s burden to prove the case against you. This is where our attorneys’ dual certification comes in handy as we are prepared to poke the tiniest of holes in the prosecution’s case.
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.
DUI Arrests in Eagleswood Township NJ
At the Law Offices of William A. Proetta, our attorneys often utilize a strategy of defense through our expertise in pinpointing technicalities associated with mechanical or human error in administering a SFST or Alcotest. We then exploit them in order to bar the prosecution’s ability to meet the elements described above. If the state fails to prove the listed elements, then the DUI charge may be significantly lowered or even dismissed entirely. If you would like gain more information about how our attorneys can help to build a strategy customized to your particular case then please give us a call at (848) 238-2100.