South Plainfield DWI Attorney
DUI Defense Lawyers in South Plainfield, New Jersey
If you have been charged with DWI in South Plainfield then you better buckle up because you’re in for a bumpy ride. South Plainfield is notorious as one of the toughest towns in Middlesex County where it comes to DWI arrests and prosecution. The municipal prosecutor is an experienced trial attorney that has a local office right down the street from the courthouse. He takes DUI charges in his town really seriously and often takes the stance that he would rather lose at trial then dismiss the case. The South Plainfield Police are equally aggressive and will normally make sure they have at least one or two officers in the prosecutor’s office at all times to head off any potential plea deals they may not agree with. For a newcomer this type of courtroom environment can be especially intimidating.
Penalties & Sentencing For DWI Charges In South Plainfield, NJ
It is important that you quickly learn your options and avail yourself of the expertise of a skilled and experienced DWI attorney. In New Jersey, first offense DWI charges, second offense DWI, and third offense DWI charges are not criminal charges but rather traffic violations. However, the penalties associated with these charges are often far graver than some criminal penalties. There is also a potential driver’s license suspension of up to 6 months for a first offense, 1 to 2 years for a second offense, and 8 years for a third offense (or subsequent one). Jail is discretionary on a first offense, but there is a mandatory 2-90 days for a second offense and 180 days for a third offense. Beyond that, a conviction for DWI in New Jersey carries a mandatory ignition interlock device to be installed in your car for a minimum of 3 months for a first offense and a maximum of 15 months after your license is suspended for a BAC of 0.15% or above. Second and third DWI offenses warrant an ignition interlock device during the period of license suspension, as well as 2 to 4 years following license restoration. As you can see, the consequences for your first, second, or third DWI offense are grave and can carry the additional stigma and inconvenience regarding employment and transportation difficulties.
How Can A South Plainfield DUI Lawyer Beat My Case?
An experienced DWI attorney is an invaluable resource when fighting a driving while intoxicated case. For example, most DUI cases involve a breath reading from the breathalyzer. In those cases in order to beat the case you will have to get the breathalyzer reading suppressed. This can be done in a number of ways including challenging the functionality and reliability of the machine itself or the police officer’s procedure in administering the breathalyzer. Once the breath reading is suppressed, the case normally comes down to the field sobriety tests given at the scene (such as walking a straight line and balancing on one leg). If you performed well on those tests then the prosecutor may not be able to prove the DWI at all. If you didn’t perform as well as you should have we look to explain why. This can include prior injuries that effect your balance, the police officer not instructing you properly, or sleep deprivation. In the cases involving an alleged drug DWI or Refusal to Submit to the breath test, the defenses will differ and those are discussed more thoroughly in our specific articles on those subjects. At Proetta & Oliver, we have successfully represented hundreds of clients against DWI charges in New Jersey including numerous cases specifically in South Plainfield Municipal Court. We will aggressively defend your case while working with the state to resolve your charges. If you would like to discuss the details of your case with an experienced DUI defense lawyer, please contact us at (732) 659-9600 or schedule an appointment at our local Edison, office for a free consultation.
Have You Been Arrested in South Plainfield For DWI? Know What To Expect
As of the last census, the population of South Plainfield continues to grow at a steady rate. Also growing, however, over this time period is the number of DWI arrests that have been filed by the borough. South Plainfield roadways are patrolled by local and state police officers throughout the year. Regardless of who arrests you, you will be required to appear in South Plainfield Municipal Court to handle your charges. Depending on the police officer, you may notice that they used the term DWI or DUI when speaking with you or written on your ticket. These terms are used interchangeably and they are the same exact charges in New Jersey under statute 39:4-50. Your first court date will normally be written or printed on your DUI ticket. It is important that you do not miss this first court date or a warrant could be issued for your arrest. Moreover, if you plan to hire an attorney, must people do this before their first date so your lawyer can enter a not guilty plea and request all the evidence the prosecutor plans to use against you. DWI cases will normally drag on for several months and in some circumstances can take even up to a year. Remember to arrive on time for your scheduled appearances and be prepared to stay the better part of a morning or afternoon as dockets can become extremely busy. Below we have provided street view of the South Plainfield Municipal Court so you know what to look for and a link to provide directions to the court from your desktop or phone.
Contact a Drunk Driving Defense Lawyer in South Plainfield to Discuss Your Case
Whether it is an alcohol DWI or a drug DUI, New Jersey is very strict when it comes to these charges. Prosecutors are unable to offer plea-bargains, and the courts will not provide for a work or hardship license. Therefore, it is vital that you avail yourself to the services of a skilled attorney who may be able to poke holes in the prosecution’s case against you. Partner, William A. Proetta, is certified in the administering of the Alcotest machine as well as in standardized field sobriety testing used by the South Plainfield Police. These unique qualifications prepare him to uncover the slightest technicality or human or mechanical error that can win your case. Contact us today at (732) 659-9600 to speak with an experienced South Plainfield DWI defense attorney about your case.