Perth Amboy NJ DWI Lawyer
If you are facing DWI charges in Perth Amboy, New Jersey, you may be surprised to learn that although drunk driving is classified as a motor vehicle violation, and not a criminal offense, the consequences are often tougher than many criminal penalties. This is because New Jersey courts can be more severe in their handling of DUI cases. First of all, New Jersey courts do not allow for any type of plea negotiations for DWI cases. Additionally, while criminal cases are tried before a jury of peers, DWI cases are tried before a municipal court judge. This leads to a significantly lower threshold of proof that the prosecution must meet in order to gain a conviction. These are just a few reasons why it is absolutely vital to retain an experienced DWI defense lawyer to handle your case if you are arrested on charges for DWI in Perth Amboy, New Jersey.
The attorneys at the Law Offices of Proetta & Oliver have successfully handled hundreds of DWI cases in Perth Amboy and throughout Middlesex County and New Jersey. In addition, 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 7110 machine. These unique qualifications allow our attorneys to analyze your case and customize your defense. Please contact our office at (732) 659-9600 to talk to an experienced Perth Amboy DWI defense attorney in order to build a customized defense strategy.
DWI Charges in Perth Amboy New Jersey
Every year, Perth Amboy issues a large number of DWI summonses. This is likely due to its important location as home of NJ-440 and the Outerbridge Crossing that connects New Jersey with Staten Island, NY. If you have been charged with drunk driving within the town limits then you will have to report to the Perth Amboy Municipal Court where the case will inevitably be tried. DWI cases may last for several months and in some cases, over a year. This is due to the very serious penalties and voluminous discovery that can take months to retrieve and analyze.
There are some important things to know to prepare for your DWI trial, which will occur in the local Perth Amboy Municipal Court. All municipal court cases are heard by a judge, since jury trials only occur in the Middlesex County Superior Court. This means that a judge will decide the outcome of your case and then issue a sentence if you are ultimately convicted. The prosecutor will need to prove beyond a reasonable doubt that you were driving while intoxicated, which can be a heavy burden to meet. There may be witnesses, such as the arresting officer, who testify at the trial. There is also going to be the presentation of other evidence, such as breath test results indicating that you registered a blood alcohol content (BAC) above the legal limit of 0.08 percent. The state will typically seek to prove a DWI in two ways:
- One Leg Stand
- Walk and Turn
- Horizontal Gaze Nystagmus (Eye Test)
- Slurring speech
- Bloodshot eyes
- Odor of alcohol on breath
- Stumbling or fumbling license, insurance, or registration papers
- If the 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.
When the trial reaches its conclusion, you will be found either guilty or not guilty. If the prosecutor fails to meet their burden of proving your guilt, the municipal court judge will issue a not guilty verdict and the charges will be dismissed. If the prosecutor meets their burden and proves your guilt on the DWI charges, the judge will issue a guilty verdict. The case would then proceed to the sentencing stage. It is important to remember that it is the state’s burden to prove the case against you. This is where our attorneys’ dual certification comes in handy as we are prepared to poke the tiniest of holes in the prosecution’s case.
Contact Perth Amboy NJ DUI Defense Attorneys for a Free Consultation
At the Law Offices of Proetta & Oliver, our attorneys often utilize defensive strategies by using our expertise in pinpointing technicalities associated with mechanical or human error in administering a SFST or Alcotest. We then exploit them to block the prosecution’s ability to meet the elements described above. If the state fails to prove the listed elements, then the DUI charge may be significantly lowered or even dismissed entirely. If you would like gain more information about how our Perth Amboy DWI defense lawyers can help to build a strategy customized to your particular case, then please give us a call at (732) 659-9600.
Related Perth Amboy New Jersey DWI Information:
|NJ DWI Home Page||Alcotest 7110|
|DWI Penalties||Underage DWI|
|First Offense DWI||Drug DUI|
|Second or Third Offense DWI||Standardized Field Sobriety Testing|
|New Jersey Refusal Charges||Ignition Interlock Device|