Chances are that if you are reading this page then you or a loved one has been charged with a DWI or refusal in Seaside Park or Seaside Heights, NJ. New Jersey Statute provides:
N.J.S.A. 39:4-50, Driving While Intoxicated: 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- The state must be able to prove through standardized or non-standard field sobriety tests, or through chemical (breath, blood or urine) testing that the operator of the motor vehicle is intoxicated.
Operation- It must also be established that the defendant actually operated the motor vehicle. “Operating” a vehicle is not the same as “driving” in the eyes of the state, often allowing for prosecution even in cases where the vehicle was not moving. Operation consists of four characteristics; Control of the vehicle, an intention to move the vehicle, an action taken towards moving the vehicle, and the ability of the vehicle to move.
Motor Vehicle- Although rarely the element in issue, the state must also establish that the defendant was operating a vehicle considered in the statute to be a “motor vehicle”. The definition is broad, consisting of all vehicles propelled otherwise than by muscular power.
If you would like to learn about how we can help you in your particular DWI or Drug DUI case then contact us at (848) 238-2100 for a free consultation with an experienced Ocean County DWI attorney conveniently located on Route 9 in Toms River.
Home to the famous location of MTV’s hit Jersey Shore, as well as voluminous summer traffic and scores of bars, clubs, and other attractions, Seaside Heights and Seaside Park DWI, DUI, and Refusal charges are substantially high. If you have been stopped and subsequently arrested for Driving While Intoxicated in Seaside then you will most likely be summoned to appear in either Seaside Park or Seaside Heights Municipal Court. Make sure that you carefully read your ticket to make sure that you arrive at the correct court. It is always a good idea to have a lawyer present with you in court for charges this serious. It is also wise to make sure that you arrive early for your court date and be prepared to stay for several hours as the court calendar can be very busy.
Lawyer for First, Second, or Third Offense DWI Charges in Seaside
Drunk Driving and DUI charges are highly technical and complicated cases that can go on for months or, at times, even upwards of a year. For a greater chance of beating your case or reducing your penalties, rather than simply accepting the consequences, it is vital that you consider hiring an attorney with extensive NJ DWI experience. The attorneys at the Law Offices of Proetta & Oliver are uniquely qualified in identifying the technical requirements that must be followed by New Jersey State and Seaside police officers in order to bring a case against you. Will Proetta, our founding attorney, is certified in Standardized Field Sobriety Testing along with certification by Drager Industries in the operation and maintenance of the Alcotest 7110, the breath test device used by NJ police to measure BAC. These credentials are invaluable in gauging the strength of the state’s case against you and are matched by few, if any New Jersey law firms. The Law Offices of Proetta & Oliver stand ready to defend you or your loved one from your Seaside DWI or DUI charge. Please feel free to consult one of our uniquely qualified attorneys by phone at (848) 238-2100 or visit us at our Ocean County location down the street on Route 9 in Toms River.