N.J.S.A. 39:4-50, Driving While Intoxicated: A person who operates a motor vehicle while under the influence of an intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a Blood Alcohol Content in excess of 0.08% is guilty of Driving While Intoxicated under New Jersey State Law.
Essentially, a DWI conviction requires that the state must prove three (3) factors are present.
Intoxication- Prosecutors must be able to prove through standardized tests or by way of an Alcotest machine, or through a chemical test (urine and blood), that the driver is intoxicated.
Operation- The defendant must have actually operated the motor vehicle. Operation consists of four characteristics; 1. Control of the vehicle; 2. An intention to move the vehicle; 3. an action taken towards moving the vehicle; and 4. The ability of the vehicle to move.
Motor Vehicle- The state must also establish that the defendant was operating a vehicle. A “motor vehicle” is any vehicle propelled otherwise than by muscular power.
If you would like to learn about how we can help to protect your rights and beat the charges, then contact us at our convenient Toms River location at (848) 238-2100 for a free consultation with an experienced DWI attorney.
Plumsted Township is home to Routes 537 and 539 and other highways and county roads that see significant levels of police and DWI activity. If you are stopped and subsequently arrested for Driving While Intoxicated in Plumsted Township or New Egypt then you will be summoned to appear in Plumsted Township Municipal Court. We recommend that you have a lawyer present with you in court to assist you with these serious charges. The court calendar is often very busy, so be prepared to stay for a long time and remember to arrive early on your court date.
Lawyer for DWI Charges in Plumsted Township
Plumsted Township and New Egypt, NJ DUI charges are complicated and can last upwards of a year. To give yourself the best chance to beat the charges, you should consider hiring an attorney with extensive DWI experience. Our attorneys are uniquely qualified when it comes to identifying and challenging the technical requirements that must be followed by New Jersey State and Plumsted Township officers when conducting an arrest. Will Proetta, our founding attorney, is certified in Standardized Field Sobriety Testing and by Drager Industries in the operation and maintenance of the Alcotest 7110. The Alcotest is New Jersey’s version of the Breathalyzer and is used by police to measure BAC. These credentials are vital in challenging the state’s case against you. Attorneys at The Law Offices of William A. Proetta stand ready to defend you or your loved one from your Plumsted Township DWI or DUI charge. Please feel free to contact us by phone at (848) 238-2100 or visit us at our Ocean County location nearby on Rote 9 in Toms River, NJ.