Need a Lawyer for a DUI in Belmar NJ
Have you been arrested and issued a summons to appear in the Belmar Municipal Court for driving under the influence? If so, you are not alone. Although the Borough of Belmar is typically known as a “summer town” it sure sees its fair share of DWI arrests each and every year. One of the main reasons behind this is the attractive nightlife that Belmar offers. Belmar has been well known for more then a half of century as the place to be during the summer. Bars like DJAIS and Bar Anticipation have been mainstays for the Jersey Shore for as long as time. Unfortunately, a desirable nightlife scene tends to lead to an increase in crime, and Belmar is no exception. One of the more common charges we continuously see being issued in Belmar is driving while intoxicated. As you will see below, DWI offenses are taken very seriously in New Jersey and the potential ramifications can be unforgiving at times.
Our attorneys have been appearing in the Belmar Municipal Court and defending those accused with various crimes, including but not limited too disorderly conduct, resisting arrest, simple assault, drug possession, possession of a fake ID and driving while intoxicated. If you have unfortunately been summonsed to appear in the Belmar Municipal Court and would like to speak to one of the criminal defense lawyers on staff, please contact us directly at (732) 858-6959 or you can try contacting us online. Now here is some information on what unfolds during a DWI case in New Jersey.
How do DWI cases work in Belmar NJ? Do I have to appear in Court?
The one silver lining with DWI offenses in New Jersey is that they are considered traffic offenses and as such, will not lead to a criminal conviction and a criminal record. Since they are considered traffic offenses, the local municipal court in the municipality where the incident occurred will have original jurisdiction over the case. So, anyone charged with a DWI in the Borough of Belmar will need to appear in the Belmar Municipal Court, which is located at 601 Main Street to answer the charges. The Honorable Dennis Lavender will be the judge who presides over all DWI charges that occur within the boroughs boarders. Susan DiSimone, Esq. is the municipal prosecutor who be in charge of prosecuting the case on behalf of the State. It is important to remember here that since the case is in municipal court, the individual will only be afforded a bench trial and will not be entitled to a jury trial on the charges. That means that the Judge will be the trier of fact and it will be there duty to determine innocence or guilt. However, if the individual is charged with an indictable offense, like assault by auto, eluding or endangering the welfare of a child as a result of the DWI offense, then all of the charges, including the DWI will need to be transferred to the Monmouth County Superior Court, which is in Freehold for disposition.
There are Tough Penalties for DWI in New Jersey
New Jersey’s DWI penalties depend on how many prior DWI convictions you have and, for a first offense, your blood alcohol concentration (BAC). If you are convicted in the Belmar Municipal Court, the judge must impose penalties within these ranges:
- First offense, BAC .08% to under .10%: $250 to $400 fine, 12 to 48 hours at the Intoxicated Driver Resource Center (IDRC), up to 30 days in jail and an ignition interlock device for three months
- First offense, BAC .10% to under .15%: $300 to $500 fine, IDRC, up to 30 days in jail and an interlock for seven months to one year
- First offense, BAC .15% or higher: the same fine and IDRC, plus a four-to-six-month license forfeiture and an interlock for nine to fifteen months after your license is restored
- Second offense: $500 to $1,000 fine, 48 hours to 90 days in jail, 30 days of community service, a one-to-two-year license forfeiture and an interlock for two to four years afterward
- Third offense: $1,000 fine, 180 days in jail, an eight-year license forfeiture and an interlock for two to four years afterward
Every DWI conviction also brings an MVC insurance surcharge of $1,000 per year for three years.
You can find the current fines, surcharges, interlock periods and jail ranges for every offense level, with charts, in our complete guide to New Jersey DWI penalties.
Enlist a Local Attorney for Belmar DWI Charge Defense
As you see, DWI offenses, even a first time offense is not something to take lightly in New Jersey. The potential penalties can be unforgiving and crippling. Our attorneys have been defending those accused of DUI, Refusal to Submit to a Breath Sample, assault by auto, death by auto and eluding in towns throughout Monmouth County, including in the Borough of Belmar for over a decade. We truly understand what a DWI conviction can do to one’s life. If you would like to setup a consultation with one of the attorneys at Keith Oliver Criminal Law today about your options, then please contact us a (732) 858-6959.