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Asbury Park DUI Lawyer

12
Feb
2010

by in DWI Defense

Asbury Park DWI arrests usually result from two kinds of cases. Local residents of the city and out of town drivers coming to enjoy the local nightlife. Asbury Park is a relatively high crime area. Police in Asbury Park are extremely active in patrolling the town for drug activity and drunk driving. A DWI lawyer can help guide you through the stressful process of fighting a DWI in Asbury Park.

Stopping vehicles for traffic violations is a very effective way to find a reason to search the vehicle and occupants for drugs. Sometimes, the driver of the car is believed to be under the influence of alcohol and/or drugs. This will give rise to an Asbury Park DUI charge. There are many ways to defend against a DWI in New Jersey. However, none are easy.

NJ DWI law changes on a regular basis and is fueled largely by politics, both at the State and local level. At the State level, politicians often try to curry favor with interest groups by running on toughening DWI laws. Recent examples are the initiation of the “interlock requirement on those convicted of DWIs with blood alcohol levels of .15 or above. Another example is the legislatures current project of attempting to include prior Refusal convictions as enhancers for a subsequent DWI conviction.

Local Municipal Court Judges and prosecutors are not “tenured.” Rather, they are local political appointees. It is hard to imagine that a municipal prosecutor who frequently dismisses or loses DWI cases will be reappointed. Not only will this be perceived as being ineffective, in essence keeping drunk drivers on Asbury Park’s roads, but it is also seen as depriving the state of significant fees it would receive on DUI convictions.

If you are charged with a DWI in Asbury Park, you should contact an experienced defense attorney as soon as possible. You are entitled to all evidence that the police have. The process of obtaining this evidence needs to be started quickly.

This evidence will include “paper” discovery, such as the arrest report, narrative of the arresting officer, videotape evidence, Alcotest reports, and “data downloads.” Recent cases have held that defense attorneys in New Jersey DWI cases are also entitled to all repair records from the history of the particular breath test machine as well.

While the police collect and generate the evidence in a DWI case, it is the local municipal prosecutor who will handle the prosecution. Your case will be heard in the Asbury Park Municipal Court. Within days or sometimes weeks of your DUI arrest in Asbury, you will be scheduled to appear in court to enter a plea. If you hire an attorney before hand, it may be possible to have your first appearance waived.

The prosecutor in Asbury Park Municipal is James Butler, Esq. Mr. Butler is also the prosecutor in Neptune Township, Red Bank and Highlands. The judge in the Asbury Park Court is the Honorable Mark T. Apostolou, J.M.C. The court is located on Route 71, in the Municipal Plaza. The court is close to the Asbury Park train station and Old Neptune High School.

In recent years, Asbury Park has seen something of a cultural renaissance. The Cookman Avenue neighborhood, consisting of Cookman, Mattison and Lake Avenue boast a number of trendy restaurants and bars. The Boardwalk area has also been on the rise. However, there is really only one way out of Asbury Park.

This would be to take Route 71 toward either Route 33, Route 66 or the Main Street Bridge. This makes DWI patrol pretty easy on the Asbury Police officers. A lot of Asbury Park DWI arrests are made on Route 66, also known as Asbury Avenue, Route 71 (Main Street) and Ocean Avenue.

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