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Colts Neck DWI Lawyer NJSA 39:4-50

24
Jun
2011

by in Criminal Defense, DWI Defense

Colts Neck DWI charges are filed by both Colts Neck and New Jersey State Police. Colts Neck Municipal Court has jurisdiction over DUI arrests in the township. DUI law in the Garden State is controlled by statute N.J.S.A. 39:4-50. If you are with a DWI in Colts Neck, you must be served either in person or by mail with a summons. You will also likely receive tickets for other traffic violations. A New Jersey DWI lawyer can defend you against a Colts Neck DWI.

The overwhelming majority of DWI arrests made in Colts Neck take place after traffic stops for swerving, unsafe lane change and the speeding. Few Colts Neck DUIs result from DWI sobriety checkpoints. DWI checkpoints are normally set up in more developed areas like Route 9 and Route 35. Colts Neck roads on the other hand are much more rural. Both adults and juveniles can be charged with a DWI in Colts Neck.

If police do set up a DWI checkpoint, it must follow strict standards. The operation must be published in advance. In Monmouth County, they will usually be published in the Asbury Park Press. The checkpoint must also be authorized at a high level within the police. Other challenges can be made if you are arrested at a DWI checkpoint in Colts Neck.

Nearly every DWI summons in Colts Neck also results in a charge of Reckless driving. Reckless driving in New Jersey is governed by NJSA 39:4-96. A ticket for NSJA 39:4-88 is also commonly given out with a DWI. That statute pertains to unsafely changing lanes. This is a common reason police pull over many cars. Tip: The weaving must have been unsafe to justify a stop.

No plea bargaining is allowed in NJ DWI cases. This is why your attorney must be well-informed in DWI law and willing to spend the necessary time analyzing your case.

If you are arrested for a DWI in Neptune Township, you will only be released to another’s custody. That person must accept temporary responsibility for you. If no one can pick you up, will be temporarily detained at the police department.

You will be given a summons with a court date on it. This summons orders you to appear in the Colts Neck Municipal Court for your first appearance. The judge in Colts Neck Township is the Hon. Richard Thompson, J.M.C.

Most Colts Neck DWI arrests are made on Route 34, Route 537 and Route 18. If you are stopped for a DWI in Colts Neck, you should cooperate with the police officer. However, you have the right to remain silent and should not make any admissions that could later hurt you.

If a Colts Neck police officer sees you violate a motor vehicle law, they can pull you over. However, they can not automatically detain you for sobriety testing. The standard for pulling you over is called “reasonable suspicion.”

After you are stopped, the police officer will walk to your window and ask for your credentials. If you are intoxicated, the officer will likely know it and eventually place you under arrest.

I defend people all the time who have been accused of drunk driving in Monmouth County. Call us to discuss how to begin defending your Colts Neck DWI.

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