Barnegat NJ Breath Test Refusal Attorneys
Refusing to Provide a Breath Test in Barnegat New Jersey
The New Jersey Refusal Law that applies to your charge is contained at N.J.S.A. 39:4-50.4. This statute triggers a 7 month, 2 year and 10 year driver's license suspension for a first offense, second offense and third offense of breath test refusal, respectively. The fine for violating this law is $300-500, $500-$1,000 and $1,000. You are also subject to an annual DMV surcharge of $1,000 per year for three years for a first and second offense, and $1,500 per year for a third offense.
The prosecutor has an obligation to demonstrate probable cause to believe that you were under the influence of alcohol in order to convict you. He is also obligated to show that the police read the state approved breath test consent form. If these requirements are met, you have an absolute obligation to provide a breath sample by law. The reason is because you consent to submission of a breath sample under N.J.S.A. 39:4-50.2 as a condition of holding a license.Barnegat Refusal Defense Lawyer
The stakes are obviously extremely high if you fail to defend your Barnegat refusal offense. Selecting the right lawyer is pivotal to your success in this regard. Attorneys at Marshall Bonus Proetta & Oliver have decades of experience handling drunk driving and related offenses, including refusing to provide a breath test, in Barnegat Township. Call us at 732-286-6500 for a free initial consultation.