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Bradley Beach DWI Lawyer

31
May
2011

by in Criminal Defense

Hiring a lawyer in a Bradley Beach DWI (NJSA 39:4-50) should be a priority. An experienced DWI lawyer will enter a plea for you, demand that the police turn over all evidence, demand that you are provided speedy trial. These are vital stages of the early DWI process. Your case will be heard in the Bradley Beach Municipal Court.

Bradley Beach is a small shore town of about five thousand residents. However, the population explodes in the summer months. This is when most Bradley Beach DWI arrests are made. The beach town is located just south of Asbury Park, leading to a lot of late night traffic on the weekends from people leaving bars and clubs in Asbury. If you have been charged with a Bradley Beach DUI, call now for help.

A typical Bradley Beach DWI begins with a traffic stop. There are some so-called “observation” cases in Bradley Beach. These are when you are arrested for drunk driving, but the police did not actually observe you driving the car. However, most Bradley Beach DUI charges are filed after your vehicle is seen speeding (NJSA 39:4-98); weaving in and out of your lane (NJSA 4-88) or committing some other kind of traffic violation.

If a New Jersey police office sees your car commit a moving violation, a judge is likely to find that the officer had a “reasonable suspicion” to conduct a motor vehicle stop. The officer will subsequently approach the vehicle and ask to see your driver’s license, registration and proof of insurance. If intoxicated, a driver is likely to fumble his or credentials or have a hard time finding them.

If you cannot show one of these documents, you will probably receive a ticket for Failure to Exhibit. The statute that governs this violation is NJSA 39:3-29. If the officer believes that your vehicle may not be covered by insurance, he or she will likely give you a ticket for No Insurance, contrary to NJSA 39-6B-2. This carries a mandatory 1 year license suspension and a $500 fine for a first offense.

While you are searching for your credentials, the Bradley Police Police Officer is going to attempt to detect the odor of alcohol emanating from your vehicle. Whether or not you have passengers in the vehicle may be an important fact on this issue. The officer will also check to see if your eyes are bloodshot and/or watery. Your speech may also be used against you. If the officer detects the odor of alcohol, bloodshot or watery eyes, and slurred speech, they will certainly ask you to step out of the vehicle.

After removing you from the vehicle, you will be asked to perform psychophysical tests. These often will include divided attention testing. Depending on your performance on these tests, along with the rest of the officer’s observations, you may be placed under arrest for DWI at this point. If so, you must submit to breath testing or that will lead to another charge of Refusal to submit. Call to see what defenses may exist to fight your Bradley Beach DWI. It may be possible to challenge the stop, the sobriety testing, and the breath test results in your case.

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