Berkeley Township NJ DWI Lawyer

Largest NJ DWI/DUI Firm With the Former Berkeley Prosecutor on Staff (Matthew Dorry) In Ocean County, New Jersey, charges for a DWI offense carry the potential for devastating penalties. Berkeley Township is no exception. With a residential population in excess of 41,000, as well as close proximity to major New Jersey thruways and the Jersey Shore, Berkeley Township has a lot of residential and commuter traffic. In just the past two years, Berkeley accumulated 266 DWI charges. These numbers illustrate an initiative on the part of Berkeley law enforcement to focus their attention on DWI violators. The relevant statute for Driving While Intoxicated (DWI) is N.J.S.A. 39:4-50. Pursuant the the New Jersey legislature, it unlawful for a person to operate a motor vehicle with a blood alcohol concentration (BAC) that exceeds 0.08%. In prosecuting someone on a DWI charge, the Prosecution must prove two (2) things. First, was the defendant “operating” the vehicle and, second, was the defendant intoxicated?

Law Offices of Jonathan F. Marshall is an Ocean County Defense Firm that can help you challenge the prosecutions on both these issues, as well as any other that can help your DWI case. Our efforts in this regard are successful in a higher percentage of cases than you might anticipate as we have exceptional training including certification on the Alcotest and in Standardized Field Sobriety Testing. It also helps that the members of our staff have over 100 years under their belts defending driving under the influence of drugs and while intoxicated cases in Berkeley. One of our attorneys, Matthew Dorry, even served as the prosecutor in Berkeley Township. For immediate free consultation, call us at (732) 286-6500.

How Does the State Prove a Berkeley DWI Case? As experienced attorneys in DUI defense, breaking down and understanding verbose legalese is something we excel at. With the DWI statute in New Jersey, “operation of a motor vehicle”, is not as straightforward as it seems. To prove that the defendant “operated a motor vehicle” the State must prove beyond a reasonable doubt the following four elements:

  1. Control of the vehicle;
  2. A present intention to cause the vehicle to move;
  3. Some action taken to place the vehicle in motion; AND
  4. The possibility of motion of the vehicle.

Assuming the state can prove the operational element, which they often can, they must then demonstrate that the defendant who was operating the vehicle was in fact intoxicated at the time of operation. This is demonstrated by one or both of the following tests: Field Sobriety Tests and the Alcotest 7110 (more commonly known as a Breathalyzer). However, strong legal representation can prevent any improperly procured evidence from entering the courtroom, thus breaking apart the prosecution’s case

What are the Penalties for a First, Second, Third or Subsequent DWI? If the State is able to convict based on evidence of operation of a motor vehicle, along with intoxication, demonstrated through either or both a Field Sobriety Tests and a Breathalyzer, then a defendant will be facing severe penalties. These penalties will only increase if the defendant has been convicted of a prior DWI.

  • If this is a first offense, and the defendant’s BAC was between 0.08% and 0.10%, then the defendant will face a fine between $250 and $400, a three month license suspension and up to thirty (30) days of incarceration. However, if the BAS is above 0.10%, then the defendant will face a fine between $300 and $500, a license suspension between seven (7) months and one (1) year, up to thirty (30) days of incarceration, and a mandatory twelve (12) to forty-eight (48) hours at an Intoxicated Driver Resource Center. Additionally, regardless of the BAC, the defendant will face a $1,000 surcharge for three (3) consecutive years and the possibility of the installation of an Ignition Interlock Device in the defendant’s vehicle.
  • If this is a second offense, and the defendant’s BAC exceeds 0.08%, then the defendant will face a fine between $500 and $1000, license suspension for up to two (2) years, up to ninety-days in jail, a mandatory term of community service for thirty (30) days, a $1,000 surcharge for three (3) consecutive years and the possibility of the installation of an Ignition Interlock Device in the defendant’s vehicle.
  • If it is a third or subsequent offense, and the defendant’s BAC is over 0.08% in any capacity, the defendant will be facing a $1,000 fine, license suspension for ten (10) years, up to 180 days in prison, a $1,000 surcharge for three (3) consecutive years and the installation of an Ignition Interlock Device in the defendant’s vehicle.

These penalties are only heightened by any accompanying aggravating factors, such as driving while intoxicated in a school zone.

Type of Offense

Suspension

Fines & Other Penalties

Jail Term

Other Penalties

First Offense

(BAC .08-.099)

3 Months

$250-$400 fine;

$1,000 surcharge;

$100 DWI Fund;

$100 Alcohol Educ.;

$230 IDRC Fee;

$75 SNFA

Up to 30 Days

12 Hours IDRC;

Mandatory Ignition Interlock if BAC .15 or Higher

First Offense

(BAC .10 or More or Drug DWI)

7-12 Months

Same except fine $300-$500

Up to 30 Days

Same as above

Second Offense

2 Years

$500-$1,000 fine;

$1,000 surcharge;

$100 DWI Fund;

$100 Alcohol Educ.;

$280 IDRC Fee;

$75 SNFA

2-90 Days

48 Hours IDRC;

30 Days Community Serv.;

Interlock during suspension plus 1-3 Years after restored

Third Offense

10 Years

$1,000 fine;

$1,500 surcharge;

$100 DWI Fund;

$100 Alcohol Educ.;

$280 IDRC Fee;

$75 SNFA

180 Days

48 Hours IDRC;

Up to 90 days Community Serv.;

Interlock during suspension plus 1-3 Years after restored


What is an Ignition Interlock Device?Relatively recently, New Jersey made it mandatory for some DUI offenders to install an ignition interlock breathalyzer unit in their car during their suspension and after their reinstatement. Although persons need not purchase the interlock system, and generally service appointments are free, drivers are required to pay a rental fee associated with the device during their period of enrollment. Additionally, there is a mandatory monitoring program for these devices; persons with the unit must bring it in for maintenance every sixty (60) days. During this appointment the service provider will calibrate the device and will send a report about the driver’s readings to the State. Berkeley NJ DWI Lawyers Berkeley is traditionally in the top quarter in terms of municipalities in Ocean County when it comes to annual DWI and DUI summonses issued. As long time drunk driving defense attorneys in the region, including the former prosecutor in the town, we are well aware of the ins and outs of defending a N.J.S.A. 39:4-50 offense in Berkeley Township Municipal Court. The Berkeley NJ DWI Lawyers at Law Offices of Jonathan F. Marshall have the knowledge and experience you are looking for and are available immediately to assist you. To reach an attorney about your DWI charge, call us 24/7 at (732) 286-6500.




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