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Cranbury DUI Lawyer and Refusal Defense – New Jersey Court

29
Mar
2011

by in Criminal Defense, DWI Defense

Cranbury DWI arrest defendants will have their case heard in the joint Plainsboro – Cranbury Municipal Court. The judge in Cranbury DWI court is the Honorable Edward Herman, J.M.C. You should contact a Cranbury DWI lawyer before your first appearance in court to discuss your rights and what defenses may exist in your case.

DWI convictions in New Jersey are not criminal violations. As serious as a New Jersey DWI is, it is still technically a traffic violation. The flip side to this however, is that a DWI conviction stays permanently on your motor vehicle history. There is no possibility of expunging a New Jersey drunk driving conviction.

A common misconception is that you should refuse to give a breath sample. This is a huge mistake in most cases. Refusing to submit to a breath test in New Jersey is a completely separate offense from the underlying DWI. Until recently, Refusal convictions in New Jersey were treated as prior and subsequent DUI convictions for DWI sentencing. The law recently changed on this issue. A refusal conviction – first offense – carries a minimum 7 month driver’s license suspension.

Defending a refusal case is difficult, but defenses do exist. It may be possible to argue that there was no probable cause to arrest you. There may have been a language or confusion issue. Other defenses exist, but all depend on the facts of your case.

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