call us today (908) 704-9200
call us today (908) 704-9200
In Somerville, New Jersey, a single mistake can severely impact your driving privileges, finances, and personal or professional reputation. If you find yourself pulled over on Main Street or Route 206 and charged with a DWI, the penalties you could face are severe. You need the legal assistance of a Somerville DWI Lawyer. At Wronko & Loewen, our talented criminal defense attorneys are here to help.
call us today(908) 704-9200
Our attorneys have extensive experience in municipal courts throughout Somerville, New Jersey with all types of traffic or driving offenses. James Loewen has been appointed the Municipal Public Defender for serious motor vehicle offenses in more than six local municipalities. We offer free initial consultations to anyone accused of driving under the influence, driving while suspended, or another traffic violation.
We have working relationships with the best experts in the drunk driving field to ensure the slightest mistake by the police will be uncovered. If the police broke any regulations in your arrest, our DUI and DWI lawyers will find out quickly and work hard to get you freed from all charges.
Even the simplest motor vehicle violations can cause future problems because of the points assessed by the Department of Motor Vehicles. Points can result in insurance surcharges and then eventually in the loss of your license. We are frequently successful in having your charge downgraded or lowered to save you points.
A New Jersey driving while intoxicated case (DWI or DUI) can be prosecuted in two ways – driving under the influence of alcohol, which focuses on whether the driver was impaired by alcohol or having a blood alcohol content (BAC) of .08 percent or greater, which is a “per se” offense. If the reading is valid, you can be convicted without further evidence.
New Jersey drunk driving law is unusual in several ways – first, unlike most other states, New Jersey doesn’t give drivers accused of drunk driving the right to a jury trial. Motorists accused of driving while intoxicated are entitled to a court trial only – where a judge, not a jury, decides the driver’s guilt or innocence. We can explain how a court trial rather than a jury trial may affect the outcome of your DWI case.
Drivers who are found guilty of DWI by a judge are entitled to a “de novo” appeal. In a de novo appeal, a second judge, a county level Superior Court judge, will review the trial transcripts and listen to arguments from attorneys on both sides. It’s essentially a second chance for motorists convicted in a municipal court of drinking and driving in New Jersey.
Drivers with one or more prior DWI conviction can be assessed with the enhanced penalties associated with second or third convictions. Third or greater alleged offenders face mandatory 180 days in jail. In all of these cases, we will evaluate not only the current allegations against the driver, but also any prior convictions to determine whether procedures and protocols were followed. If there is an opportunity to re-open prior convictions and reduce the penalty exposure in the current matter, we will advise you of this invaluable information and may ask the “old” court for relief in the prior matters.
Depending on the number of DWI charges you have previously been convicted of and the amount of alcohol found in your blood, there are several different penalties you may face. Most penalties involve some combination of fines, jail time, probation, community service, and license suspension. When aggravating factors are involved in your arrest, the penalties can only grow more severe. Aggravated factors can include:
Common defenses include:
There was no probable cause for your stop. Police are required to have probable cause for stopping someone, that is, reasonable grounds for pulling someone over. If police observe certain behaviors such as swerving, other indicators of intoxication, or traffic violations, they may have reasonable grounds for the stop. A DWI defense lawyer will look at the reasons and evidence for why a police officer pulls someone over in the first place.
Lack of cause for an intoxication arrest. After the stop, the officer will need to show proper evidence for a DWI arrest. This can include field sobriety tests and breath tests to show intoxication. If probable cause did not exist, then the DWI charge can be challenged.
Improperly administered tests. Field sobriety tests and breath tests all have their problems. Errors in administration and testing can easily lead to invalid results. One common way of defending against DWI is to challenge the accuracy of these tests. Police can easily administer field sobriety tests incorrectly, leading to poor results for the accused. Breath tests can be significantly affected by dental work, food, medications, and other factors that can provide an inaccurate result.
Failure by police to advise defendants of their Miranda rights. When you’re under arrest, police must advise you of your Miranda rights. These rights include the right against self-incrimination. If police don’t advise a defendant of these rights during the arrest process, then self-incriminating statements by the defendant cannot be used as evidence against them.
In New Jersey, the legal drinking age is set at 21 years old. In New Jersey, if an underage individual is found to be driving with any detectable traces of alcohol in their blood, they may be charged with a DWI. Having an underage DWI charge on your permanent record can harm your chances of success when seeking employment or when applying to colleges.
You are not legally able to refuse a breathalyzer test in New Jersey. If you are convicted of refusing a breathalyzer test, you could face serious penalties, such as fines and the suspension of your driver’s license. In order to secure a conviction, the prosecution will need to prove that the police officer had probable cause to believe you were guilty of a DWI, that you were arrested, that they requested a breath sample, and that you refused.
While you are not legally required to have an attorney represent you in a DWI case, having one on your side can prove essential to achieving the most favorable outcome possible. Your attorney can review the details of your case, uncover evidence to use in your defense, and argue your point of view before a judge.
In Somerville, if you or someone you love has been arrested and charged with a DWI, no matter if they were charged by the New Jersey State Police or the Police Department of Somerville, their case will take place at the Somerville Municipal Court in Bridgewater on Commons Way.
If you are facing DWI charges in Somerville, New Jersey, you may feel overwhelmed and unsure of where to turn next. At Wronko & Loewen, our dedicated attorneys are here to walk you through every step of the legal process. From your first consultation with our team to negotiations with the prosecution and even a courtroom trial, should the need arise, we are here to fight for you. Contact our offices today.
As a firm, Wronko & Loewen are committed to providing quality service based on extensive experience in New Jersey’s legal system.
call us today(908) 704-9200
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