DWI Lawyer in Piscataway NJ
If you were recently arrested in Piscataway, New Jersey for DWI, or refusal to submit to a breath test, then it is extremely important that you learn about the consequences you are facing and the options that you have. You will find many of those questions addressed throughout the article below. But first lets go over a few important things you will need to know about your Piscataway DWI case. First, Piscataway is very tough on DWI and Refusal cases. There are two Piscataway municipal prosecutors who are both experienced trial attorneys and know what they are doing so they won’t normally back down easily. The Piscataway judges also put a special emphasis on the DUI charges in their court and make sure to keep them a tight lease on them by signing scheduling orders at the arraignment first appearance where they set a definite trial date right from the beginning. This means that you and your attorney must be very organized with your defense. You will want to get the evidence as soon as possible and make sure to review it quickly to follow up with the prosecutor in case you are missing any evidence. This will also allow you to file any motions quickly such as motion to dismiss the case, suppress evidence or compel missing evidence. If you end up “sleeping” on the case then you might very well miss your opportunity to file these motions and explore the issues in court and that could be the difference between a DWI conviction or dismissal in Piscataway Municipal Court.
DWI Arrests in Piscataway, New Jersey
Due to the presence of Rutgers University, Route 18, Route 287, and County Roads 514 and 501, Piscataway is a major source of DWI arrests in New Jersey every year. There is large presence of state and local police who patrol the populated campuses, bars, and restaurants and local roadways looking for potential drunk drivers. This high volume of police activity thus contributes to a large number of Piscataway DWI arrests each year. All DWI cases take place in Piscataway Municipal Court. That means after your DWI arrest you will receive a date on the ticket that tells you to appear in Piscataway Municipal Court at 555 Sidney Road in Piscataway Township. It is important that you attend that first court date because the judge will explain your rights and the penalties of the charges you are facing. If you miss your court date in Piscataway Municipal Court then a warrant will most likely be issued for your arrest. Piscataway Municipal Court is a very busy court and has two judges, Judge Fackelman and Judge Hoebich, to help handle the large number of DWI cases. However, even with two judges, Piscataway DWI cases can often take months to conclude due to the voluminous amounts of discovery utilized by the state to convict you of the charges. Thus, it is crucial that you avail yourself of the services of a committed and experienced New Jersey DWI attorney.
What Are Penalties & Sentencing for DWI & Refusal?
New Jersey is severe in its treatment of DWI and Refusal cases. Even first offense DWI charges can carry potential jail time and a mandatory license suspension along with hefty fines, community service, and the installation of an ignition interlock device. Refusal penalties are equally severe and can actually be worse for a first offense. This is because New Jersey DWI Law operates under an “implied consent” rule. This means that a driver who is pulled over due to suspected drunk driving is obligated to take a Breathalyzer or Field Sobriety Test as administered by the officer.
How Can I Be Convicted Of Refusal If I Wasn’t Drunk?
We have this conversation with prospective clients all the time. “Well it’s simply I wasn’t drunk so the DWI and Refusal should BOTH be dismissed.” Unfortunately that couldn’t be more wrong because as crazy as it sounds you don’t need to be drunk to get a refusal. In fact, you can be found not guilty of DWI and guilty of Refusal because all the Piscataway prosecutor must show is that the police officer had reasonable suspicion when they asked you to take the breath test. The elements that must be met in a refusal offense are:
- That the arresting police officer had probable cause to believe that the defendant operated a motor vehicle while under the influence of alcohol;
- An arrest of the defendant;
- A refusal by the defendant to submit to a breathalyzer test;
- That the request for the defendant to take the test was made by a police officer who had reasonable grounds to believe that defendant had been operated a motor vehicle in violation of the DWI laws; and
- The attempt to administer the breath test was conducted lawfully.
Each of the aforementioned elements must be proved by a preponderance of the evidence. Essentially, this means “more likely than not.” An experienced DUI defense attorney is a great asset when fighting a Piscataway DWI or Refusal case. At Proetta & Oliver, our attorneys have successfully defended hundreds of clients facing DWI charges in Piscataway, Middlesex County, and all over New Jersey. If you would like to discuss the details of your case or lay out a case strategy with an experienced Piscataway DUI defense lawyer, please contact our office at (732) 659-9600 or schedule an appointment at our local Edison, NJ office at 3840 Park Avenue for a free consultation.
Contact our Piscataway NJ DUI Defense Attorneys for a Free Consultation
The attorneys at Proetta & Oliver take great pride in their unique qualifications in regard to the technical requirements that must be established and followed by New Jersey State and Piscataway police officers. In fact, our founding attorney Will Proetta is certified in Standardized Field Sobriety Testing (SFST). He is also certified by Draeger Industries in the operation and maintenance of the Alcotest 7110, the breath test device used by police to measure BAC. These credentials are invaluable when it comes to gauging the strength of the state’s case against you. This is because officers and prosecutors are obligated to follow slight technicalities and protocol in conducting a legal DWI arrest. Contact us today at (732) 659-9600 to speak with an experienced Piscataway DWI defense attorney about your case, and remember our office is down the street at 3840 Park Avenue in Edison.
Related Piscataway DWI Information
|Alcotest 7110||Underage DWI|
|Second Offense DWI||Field Sobriety Testing|
|Rutgers University DUI Lawyers||DWI Penalties in New Jersey|