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Lakewood DUI and Refusal Attorney

29
Mar
2011

by in DWI Defense, Traffic Tickets

Any Lakewood New Jersey DWI arrest defendants will have their case heard before the Lakewood Municipal Court. The judge in the Lakewood DWI court is the Honorable Scott Basen, J.M.C. Judge Basen also presides in Aberdeen Municipal Court and Freehold Borough Municipal Court. You should speak with a Lakewood DUI lawyer before your first appearance in court to discuss what rights you have 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. What this also means though is that a DUI conviction will remain on your motor vehicle history forever. There is no possibility of ever expunging a New Jersey DWI.

A big mistake DWI suspects also make is to refuse to provide the police with a breath sample. Refusal to submit to the Alcotest in New Jersey is a totally separate offense from the underlying drunk driving charge 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 tough, but defenses do exist. It might 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 as well, but they all depend on the specific facts of your case.

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