DWI Charge in New Jersey
Westfield has shown a significant spikes in DWI charges in recent years. Almost 150 DWI arrests were made over the last two years, representing a 32% increase in charges over the prior period. These figures serve as a signal that the members of the police department in Westfield are serious about driving while intoxicated and that you need a skilled lawyer if you are facing a N.J.S.A. 39:4-50 charge.
Every attorney clearly is not going to achieve the same result on a Westfield DWI Offense as, in the majority of cases, it takes not only a significant time commitment but also an expertise in developing a meritorious defenses since there is no plea bargaining of a driving while intoxicated charge. The lawyers at The Law Offices of Jonathan F. Marshall can provide an extremely high level of representation as former DWI prosecutors who are, in most cases, not only certified on the Alcotest but in Field Sobriety Testing. The training and experience of the attorneys on our defense team are truly rare and there may not, in fact, be even a single one in Union County who shares all of these credentials. Knowledge like this is pivotal in defending a DWI in Westfield because the only way to escape a conviction is winning your case on its merits. To speak to an attorney now in a free consultation, call 908-272-1700.
Westfield NJ DWI Offense
All N.J.S.A. 39:4-50 offenses issued in this town are heard in Westfield Municipal Court. In this regard, it is illegal to operate a motor vehicle while intoxicated or when you are under the influence of drugs such as marijuana, cocaine, pain medication or another form of controlled dangerous substance. An individual is intoxicated “per se” if they operate a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or more. Establishing BAC is typically accomplished through a breath sample taken on the Alcotest 7110 Evidential. There is a strict protocol that must be followed by law enforcement in securing these readings and this is a point of significant attention of our attorneys in defending a Westfield NJ DWI offense. The strategy is same is the case with respect with to BAC results taken via blood.
Another way for the state to prove a DWI based on alcohol is through field sobriety tests. In other words, the prosecutor can convict someone of drunk driving without scientific evidence (e.g. a breath or blood test) by using field tests. An attorney with advanced training in this area can provide invaluable guidance in defending a Westfield DWI. This is precisely what a lawyer on our team can afford you given that three of the less than ten lawyers in the state who are certified as instructors in Standardized Field Sobriety Testing are employed at the firm.
When a 39:4-50 case is based on drugs, the proofs that the state must present in order to convict you are different. There typically needs to be not only toxicology evidence (i.e. laboratory test demonstrating the presence of the drug in your blood stream) but also an expert opinion from a Drug Recognition Expert (“DRE”). A DRE is a highly trained police officer who is skilled in identify when someone is impaired by drugs. The Westfield Police Department employs very few officer’s that hold is credential. Nonetheless, the law requires that a drug DWI defendant be examine by a DRE following the stop and that he/she provide a detailed evaluation and report that includes an opinion that the motorist was driving under the influence of drugs.
Penalties for DWI, DUI or Refusal in Westfield
In the unfortunate event that you are convicted of a Westfield DWI, you are exposed to rather serious penalties. This is one of the main reasons why it is crucial to hire an attorney who has specialized training and experience in DUI/DWI defense like those at the Law Offices of Jonathan F. Marshall. If this is a first offense and your BAC was between 0.08% and 0.10%, you are subject to a fine between $250 and $400, a three month license suspension and up to thirty (30) days of incarceration. If the BAC was 0.10% or above, then the fine is $300 and $500, the license suspension is seven (7) months to one (1) year and there is up to thirty (30) days of incarceration. A first offender is also subject to a mandatory surcharge of $1,000 for a period of three (3) years. If this is a second offense, then you 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 installation of an Ignition Interlock on your vehicle. Finally, if it is a third offense or more, you will be face 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.
Westfield DWI Attorney
Westfield is unquestionably one of the busier municipalities in Union County for driving under the influence of alcohol and drugs. If you were one of those arrested and charged with DWI in Westfield, it is important that you secure representation from a skilled attorney as soon as possible so that you have every opportunity to avoid the penalties previously described. Lawyers at the Law Offices of Jonathan F. Marshall are ready to help you achieve this objective. To speak to an attorney free of charge, contact our Union NJ Office at 908-272-1700.
