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Helmetta DWI Lawyer

16
May
2011

by in DWI Defense

Helmetta Police make relatively few DWI arrests. However, if you have been charged with drunk driving in Helmetta Borough, this can be a life changing event. Help is available. Call anytime to speak to a Helmetta DUI charge lawyer.

A common question is, “what is the difference between DWI and DUI?” In New Jersey, these terms all refer to the same charge, driving while intoxicated in violation of N.J.S.A. 39:4-50. Most DWI charges occur as a result of an individual being stopped for a traffic infraction such as improperly changing lanes (swerving). However, recent cases have held that swerving within your lane must be unsafe in order to be pulled over. Others are charged after being stopped for speeding or equipment issues like having a tail light out.

In more unusual cases, there is no observation by the police of you actually driving the vehicle. These cases may feature a defendant who is asleep behind the wheel, or someone who is visibly intoxicated and is seen walking towards their car with their keys in their hand. These so-called “observation cases” should be litigated aggressively. The state must prove beyond a reasonable doubt that you operated your vehicle. Therefore, even if you were drunk, the case may be one of such an issue.

Assuming operation of the motor vehicle can be proven, other challenges may exist to the stop of your vehicle. These include whether there was probably cause to stop the vehicle and whether the police had good cause to detain you for sobriety testing. If you have been charged with a Helmetta DWI, call before attending your first appearance in the Helmetta Municipal Court.

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