DUI Defense Attorneys in Somerville New Jersey
Facing a DWI charge in Somerville? If so, you are not alone. Somerville, which is a tiny little borough located almost directly in the center of Somerset County was voted as having one of the top twenty (20) downtown’s in all of New Jersey. Popular bars and restaurants like the Club House Sports Bar, Tapastre, McCormick’s Pub, Mannion’s Pub & Restaurant, Project P.U.B. and 1933 Room draw hundreds if not thousands to Somerville each and every weekend. If you have unfortunately been charged with driving while intoxicated in the Borough of Somerville, we strongly urge that you speak to a DWI defense attorney as soon as possible to discuss your options. Although these types of offenses are considered traffic in nature, the consequences if convicted can be life altering. As you will see below, the potential penalties can include but are not limited too a lengthy license suspension, high fines, community service, imposition of the ignition interlock device as well as jail time. As you can see, these are not the type of charge to take lightly. To speak to one of our Somerville DUI defense lawyers today about your options, then please contact our Bridgewater Office 908-533-1064.
Where Do I Go to Court for a Somerville DWI Charge?
Anyone arrested and charged with DWI in Somerville New Jersey, whether they were charged by the Somerville Police Department or the New Jersey State Police, their case will be litigated in the Somerville Municipal Court since it is considered a traffic offense. The Somerville Municipal Court is actually located in Bridgewater at 100 Commons Way. Court will be in session every other Thursday at 8:30 a.m. and the Honorable William T. Kelleher, J.M.C. is the presiding municipal court judge. However, if the Defendant is also charged with an indictable criminal offenses like assault by auto, eluding or possession of heroin then all of the charges, including the DWI, will be transferred to the Somerset County Superior Court for disposition.
Is there Jail time for a DUI in New Jersey?
Pursuant to NJSA 39:4-50, driving while intoxicated offenses are considered enhanceable offenses. Meaning that the penalties for a second or subsequent offense drastically increase. That includes not only the potential license suspension but the potential length of incarceration as well. Even for a first time offender, a Defendant would be looking at up to a year loss of license, fines reaching $500, 12-48 hours in the intoxicated drivers resource center (IDRC), imposition of the ignition interlock device for up to 12 months and up to 30 days in jail. For more information on the potential penalties for a second or third offense DWI in New Jersey, please click the link. It is important to note here that unlike a lot of other states throughout the Country, New Jersey does not allow for temporary licenses, even for work purposes. Furthermore, anyone caught driving while their license is suspended is facing mandatory prison.
How to Defend a DWI Charge in New Jersey?
First and foremost, plea bargaining, which is standard throughout the criminal justice system is strictly prohibited when it comes to DWI offense. Therefore, in order to obtain a favorable outcome, the attorney must be able to create a significant issue in some aspect in the case in order to convince the prosecution that the charges must be dismissed or be able to win the case at trial. As such, one of our attorneys has sought out and obtained specialized DWI defense training in order to better serve our clients. This training includes but is not limited to being certified as an instructor of the standardized field sobriety tests as well as being a certified administer of the Alcotest machine. These are the two key pieces of evidence used in almost every DWI trial in New Jersey. Obtaining the specialized training gives our Somerville attorneys a unique advantage when it comes to defending this types of cases in court. When defending a DWI cases in New Jersey our attorneys look for ever angle possible, which includes:
- Challenging the Probable Cause for the Initial Stop;
- Challenging the Reasonable Articulable Suspicion for the Request to Submit a Breath Sample;
- Challenge the Accuracy of the Alcotest;
- Challenge the Result of the Standardized Field Sobriety Tests;
- Challenge the Initial Seizure of the Defendant.
If you have unfortunately found yourself in this type of situation and would like to speak to one of our Somerville DWI defense attorneys today for a free initial consultation, then please contact our office directly at 908-533-1064.