Know What to Expect in Your Bayonne DWI Case
If you or a loved one has been arrested for a DWI or refusal charge in Bayonne, New Jersey, it is critical to understand the penalties you are facing and your legal options before you make any further decisions. A conviction for DUI in New Jersey will result in a mandatory ignition interlock device to be installed in your vehicle and the potential suspension of your driver’s license for even a first time offender. In addition to a suspension, you will be subject to community service, mandatory classes at the Intoxicated Driver Resource Center (IDRC), and thousands in fines and surcharges. An experienced DUI defense attorney can challenge the weaknesses of the state’s case against you to help you successfully defend your case. At Proetta & Oliver we have handled hundreds of drunken driving charges throughout Hudson County and New Jersey. As experienced DWI defense lawyers, our job is to improve your current legal position. We do this by analyzing all of the evidence in your case, identify weaknesses that represent potential defense strategies, and aggressively challenging the state’s proofs to sow the seeds of reasonable doubt. If you would like to learn more about how we can help you, then contact our office at (201) 793-8018 for a free consultation over the phone or to schedule an appointment with an experienced Bayonne DWI attorney at our local office.
Charged with DWI in Bayonne NJ
Bayonne is a busy city that has several major highways and roadways which run thru it including I-78 New Jersey Turnpike Extension, Route 440, the BayonneBridge, and JFK Boulevard. These high traffic corridors lead to a high number of DWI stops and arrests in Bayonne every year. If you are arrested for driving while intoxicated in Bayonne then you will most likely be required to appear in Bayonne Municipal Court, which is located at 630 Avenue C, 2nd Floor, BayonneNJ07002. The two municipal court judges are Presiding Judge Frank T. Carpenter III and Judge Cheryl Scott Cashman. If you have any questions regarding an adjournment or your up coming court appearance it is a good idea to contact the court several days in advice. The Bayonne Municipal Court telephone number is (201) 858-6918 and the court administrator is Genny Michane. It is important that you appear on your court date and are prepared to pay your fines. Because of the difficulty and complexity with defending DWI cases it is strongly recommended that you retain an attorney well in advance of your court date.
When you are charged with driving under the influence in Bayonne, NJ, you are not entitled to a trial by jury. Your DWI case will be heard and decided by the presiding municipal court judge. You have the opportunity to present your defense; however, you do not have a jury of your peers who can tip the scales in your favor. In addition, New Jersey law prohibits prosecutors from negotiating in DUI cases. Defendants charged with DWI are subject to the strict penalties outlined by law. Prosecutors may not enter into plea agreements to allow lesser penalties for individuals arrested on DWI charges. As you can see, it is even more essential to successfully undermine the State’s case against you and to secure an outright dismissal of your DUI charges. Failure to obtain a dismissal will lead to loss of your driving privileges for a minimum of 3 months and up to 10 years depending on the circumstances of your case.
Driving under the Influence of Drugs in Bayonne
When most people think of a DWI/DUI charge, they think of drunk driving. While alcohol is certainly the most common culprit in a DUI case, it is also possible to be charged with a DUI for being under the influence of drugs like marijuana or heroin while driving. A person can likewise be charged with a DUI for driving under the influence of prescription drugs. This is true even if the motorist was taking legally prescribed medication or over-the-counter medicine. The bottom line is that if NJ law enforcement pulls you over while driving and observes that you are drowsy or impaired in any way, you can expect to be placed under arrest and charged with a DUI.
The penalties for driving under the influence of drugs are somewhat similar to the penalties for a standard DWI offense: possible jail time, suspension of your driver’s license, fines, and community service. With the changes to New Jersey DWI law allowing for ignition interlock devices in lieu of license suspensions for some offenses, you might expect the same change to apply to DUIs involving prescriptions and other drugs. Unfortunately, this is not the case. If convicted of a drug DUI offense, the exact penalties are determined by the number of prior DUI offenses on your driving record. If this was your first DUI offense, you could be sentenced to up to 30 days in jail and have your driver’s license suspended for 7 months to one year. However, if this was your third drug DUI, you could face up to 180 days in jail and have your license suspended for 10 years.
The main difference between a DWI charge and a DUI charge is the evidence that is often used by police and prosecutors as proof that the defendant who was supposedly impaired while driving. While police may use the results of a breathalyzer test to prove DWI charges for drunk driving, it is typically a chemical test of a motorist’s blood or urine that is used to determine drug impairment when charging someone with DUI for being under the influence of drugs and operating a vehicle. Importantly, it is still possible for authorities to bring charges for a DUI drugs offense even without a chemical test. That’s because the police officer’s observations of your behavior may be used as evidence of impairment, as well as any admissions you make to police about your recent use of drugs and how you perform on field sobriety tests. Equally critical to the prosecution’s case can be an analysis and report by a Drug Recognition Expert (DRE), although a good lawyer can often find flaws and vulnerabilities that at the very least, undermine the credibility of these reports.
Lawyer for DWI Charges in Bayonne
Your best and normally only chance at beating your case is to hire an experienced DUI defense attorney. Founding attorney Will Proetta is certified as an instructor in the SFSTs in accordance with the National Highway Traffic Safety Administration and the International Association of Chiefs of Police. Moreover, Mr. Proetta has been specially trained and certified by Draeger the manufacturers of the Alcotest (New Jersey’s breathalyzer). These cases are typically won on technicalities and this training and experience allows us to better help our clients achieve real results because we are able to critically analyze and challenge the state’s case on more levels. If you would like to discuss the details of your case and the firm’s potential representation, then contact us at (201) 793-8018 for a free initial consultation over the phone or to schedule an appointment at our office conveniently located in Jersey City.