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Atlantic Highlands DWI Lawyer

03
Jun
2011

by in DWI Defense

Atlantic Highlands is a hub of DWI arrests. The police in Atlantic Highlands are very active in patrolling the borough’s roads for drunk drivers. If you have been charged with driving while intoxicated in Atlantic Highlands, call now for an evaluation of your case.

Most Atlantic Highland DWI arrests are made on Route 36. However, some are also made on other roads including 1st Avenue, W. Highlands Avenue, and Grand Avenue. If you are arrested for a DWI, in violation of NJSA 39:4-50 in Atlantic Highland, you will receive several traffic tickets.

These tickets will have a mandatory court appearance noted toward the bottom of the ticket. This appearance will likely be days or a week or two after your arrest. Many people are frantic upon seeing this. However, this is not a trial date. The date on the ticket is merely the date by which your attorney must contact the court or you must appear for an arraignment.

Under New Jersey’s court rules, an arraignment in Municipal Court may be waived under certain circumstances. These include if you have retained an attorney, if your attorney certifies that he or she has explained to you your rights, the charges and the penalties you face, and that you have received a copy of the complaints / summons.

Most courts will allow us to waive your first appearance. Obviously, your time is better spent at work or in school rather than appearing in municipal court and waiting around all day just to plead not-guilty and be sent on your way. However, some courts will insist that you appear personally for the first appearance. This is especially true if you face serious charges such as felonies (“crimes” under NJ law), or other charges like a DWI.

After waiving your appearance, the next step is to enter a not-guilty plea and file other initial notices. These include a demand for all discovery, which means evidence. We also routinely file a demand for a speedy trial, and a notice of motion to suppress evidence.

In a DWI, the most damning evidence is usually the results of the breath tests you submitted to. Hopefully, you submitted to breath sampling, since a refusal to submit to breath testing leads to another serious but separate charge of Refusal to Submit. A Reckless Driving ticket (NJSA 39:4-96) is also almost always given along with a DWI charge.

DWIs in New Jersey, while very serious, are still just traffic violations. A NJ DUI is not a criminal offense. This is both good and bad. A DWI does not expose you to a criminal conviction, but on the other hand, cannot be expunged since it is not a criminal conviction.

There are many subtleties to DWI law in New Jersey. The practice of DWI law demands that attorneys constantly stay on top of the frequent developments in the statutes and case law. Call now to speak with a Monmouth County DWI lawyer. We can help guide you through the process and make sure you receive the best possible result under the circumstances. Let us help you.

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