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Allenhurst DWI Lawyer

08
Jun
2011

by in DWI Defense

A substantial amount of DWI arrests are made in the Borough of Allenhurst. Call to speak with an Allenhurst DWI lawyer. New Jersey has some of the strictest DWI laws in the country. A DWI conviction in Allentown can have life changing consequences. These include substantial fines, surcharges, and license revocation for a first offense. For a second or subsequent DUI conviction, you face community service and jail time in addition to the fines and license suspension.

Most Allenhurst DWI arrests occur after traffic stops by Allenhurst Police. The Allenhurst Police are led by Chief Robert C. Richter. The Police Station is located at 125 Corlies Avenue in Allenhurst, NJ 07711. The Allenhurst police can be reached at 732-531-2255 for Non-Emergency calls. The Allenhurst Police make several DUI arrests per month.

Allenhurst police patrol the roads of the borough for drunk driving, traffic and criminal violations. Most of these offenses occur on Route 71, Corlies Avenue, Main Street and Ocean Avenue. If you are charged with a Allenhurst DWI, you will likely receive several other traffic tickets. These will probably include Reckless Driving, and whatever moving violation you were stopped for.

Many clients are confused by New Jersey DWI terminology. A common question is, “Is there a difference between DUI and DWI?” The answer is “no”. In the State of New Jersey, these terms all refer to the same violation. This is driving while intoxicated. The applicable statute is N.J.S.A. 39:4-50.

Many clients are also confused during their DWI processing. This is understandable since most are intoxicated at the time. Also, the overwhelming majority of these people are not attorneys, let alone DWI attorneys. They are therefore unfamiliar with the law regarding having to give breath samples.

New Jersey has a so-called implied consent law. This means that anyone who drives on New Jersey’s highways must submit to breath testing if requested to do so by a police officer. The penalties for not doing so take away any advantage that may be gained by not giving a breath sample.

Usually, DWI charges are initiated after police stop your vehicle for a traffic violation. Typical traffic violations that lead to DWI charges include NJSA 4-88 (Unsafe Lane Change) and NJSA 4-98 (Speeding). Sometimes, the underlying offense can be as simple as driving without headlights on at night or having a brake light out.

In some atypical cases, the state may have a hard time proving that you drove or operated your vehicle at all. In these situations, the police must show that you drove the vehicle while drunk though circumstantial evidence rather than direct evidence. The difference between direct and circumstantial evidence can be described as follows: You can prove it snowed last night by actually seeing the snow fall (direct evidence). You can prove it snowed last night be waking up in the morning and seeing snow on the ground (circumstantial evidence).

The prosecutor has to show that you actually operated your vehicle in order for you to be convicted of a DWI. Even if operation of the motor vehicle can be proven, there may be other challenges that can be raised in your case.

These include whether there was probably cause to stop the vehicle and whether the police had good cause to detain you for sobriety testing. If you have been charged with a Allenhurst DWI, call before attending your first appearance in the Allenhurst Municipal Court.

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