Despite the fact that DWI charges are classified as motor vehicle violations in the state of New Jersey, the accompanying consequences are tougher than a major of criminal penalties. This is because, unlike criminal cases, NJ courts do not allow for any type of plea negotiations between Defendants and prosecutors when it comes to Drunk Driving cases. Additionally, while criminal cases are tried before a jury of peers, which leads to a high threshold of proof, DWI 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 one reason 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. Additionally, 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 machine. These unique qualifications allow our attorneys to analyze your case and customize your defense to the best of our ability. Please contact our conveniently located Toms River office at (848) 238-2100 to talk to an experienced DWI attorney in order to discuss your case details and build a customized defense strategy.
Every year, Tuckerton issues a significant number of DWI summonses in Ocean County; especially in comparison to its relative size. This is likely due to its summer popularity and convenient location near the Jersey Shore. Tuckerton is also entirely encompassed within the borders of Little Egg harbor, and as such, is considered to be the “downtown” of the larger township. If you have been charged with drunk driving within the town limits then you will be required to report to Tuckerton Municipal Court where the case will inevitably be adjudicated. DWI cases may last for several months and in some cases, even over a year. This can be due to the very serious penalties and the voluminous discovery that often takes 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:
1. 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 he 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.
DWI Arrests in Tuckerton, NJ
At the Law Offices of William A. Proetta, our attorneys often 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 when it comes to proving some or all of the above elements. 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 attorneys can help to build a strategy customized to your particular case then please give us a call at our Ocean County office located in Toms River at (848) 238-2100.