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Lawyer for DWI in Neptune

03
Oct
2011

by in DWI Defense

Neptune DWI Lawyer

I defend clients accused of drunk driving in both Neptune Township and Neptune City. If you are facing Neptune DWI charges in either town, call now to speak with an experienced DWI defense lawyer in Monmouth County.

Neptune Police are responsible for a considerable number of DWI arrests in both Neptune Township and Neptune City. More DUI arrests are made in Neptune Township rather than Neptune City due to the high-volume highways that traverse the township. These include Route 33, which carries heavy traffic west from Asbury Park, Ocean Grove, Avon-by the Sea and Bradley Beach.

Defending Against a DWI Arrest

DWI defense is tough. A combination of politics and revenue generation – along with the legitimate need to deter drunk driving – equal a recipe for strict enforcement and harsh penalties. However, defenses do exist to the charge of DWI (NJSA 39:4-50).

The most common defenses to a DWI are:

  1. Police did not have a reasonable suspicion of violation of any law justifying the initial stop of your car;
  2. Police did not have a reasonable suspicion that you were intoxicated justifying keeping you to perform sobriety tests;
  3. Police did not have probable cause to arrest you;
  4. Police did not properly explain the sobriety tests to you;
  5. Police did not properly conduct the sobriety tests;
  6. Police did not continuously watch you for 20 minutes before breath testing;
  7. The Alcotest machine did not function properly.

This is not an exhaustive list of defenses. Others exists but all depend on the specific facts of your case. The State of New Jersey will be represented in your case by the municipal prosecutor appointed in the town where your violation took place. The prosecutor must abide by certain procedural and ethical considerations. For example, the prosecutor has the responsibility to ensure that you or your attorney is provided with all evidence in your case. This includes not only evidence that may hurt you, but also that which may help you defend yourself.

On the other hand, the prosecutor must proceed with prosecuting a DWI if she or he feels that there is no realistic way they can prove the case. Similarly, if you are convicted or plead guilty to a DWI, the judge must impose at least the minimum mandatory penalties including a driver’s license suspension. The judge may not give you a work or hardship license in New Jersey no matter how compelling the circumstances are in your case.

Neptune Township Info & Criminal Statistics

Neptune Township is located in eastern Monmouth County New Jersey. The town is working-class, and has excellent access to major roads and highways. The town was formed in the late 1800s. Originally, the town contained what is now Avon and Bradley Beach. Both towns later broke away and now both have their 0wn local governments, police forces and courts.

The Shark River borders the town, which also stretches close to the Atlantic Ocean. Nearly 30,000 people call Neptune township home. Jersey Shore Medical Center is the nearest trauma center for much of the Jersey shore and eastern south New Jersey. The hospital is the larges employer in Neptune Township.

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