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Long Branch DUI Lawyer – NJSA 39:4-50

28
Jun
2011

by in DWI Defense

Being convicted of a Long Branch DWI can change your life. Even for a first offense DWI conviction in New Jersey, the penalties are severe. Mandatory driver’s license suspension, thousands of dollars in fines and surcharges, possible jail and community will be imposed. If you have been charged with a DUI in Long Branch, call to speak with a DWI lawyer.

The majority of Long Branch DWI arrests are made on Route 36 and Ocean Avenue. However, DWI charges are occasionally made on other roads including Broadway. If you are charged with a DWI in Long Branch, you will probably receive at least two traffic tickets. These will include NJSA 39:4-50 (DUI) and NJSA 39:4-96 (Reckless Driving). Reckless driving is a 5-point ticket.

The tickets given to you by the Long Branch Police will have a mandatory court appearance noted at the bottom of the summons. This court hearing will probably be days or a week or two after your charge. I receive a lot of panicked calls from clients facing a DWI court date only days after their arrests. However, your case will only be resolved at this appearance if you plead guilty. If you retain an attorney before this date, your appearance may be waived by the court.

Under New Jersey’s court rules, an arraignment in Municipal Court may be waived if certain criteria is met. First, you must have retained an attorney, Next, your attorney must certify that he or she has explained to you your rights, the charges and the penalties you face. Your lawyer must also attest that you have received a copy of the complaints / summons.

We know that you need to work or go to school. I therefore try to get every court to waiver your first appearance. This also saves the court valuable resources and time. However, some courts in NJ insist that you appear personally for the first appearance. They are particularly strict about this if you face serious charges such as felonies (“crimes” under NJ law), or other charges like a DWI.

After we waive your first appearance, the next step in DUI defense is to enter a not-guilty plea and file other initial notices. These include a demand for all discovery, which means evidence. We also routinely file a demand for a speedy trial, and a notice of motion to suppress evidence.

In a DWI, the most damning evidence is usually the results of the breath tests you submitted to. Hopefully, you submitted to breath sampling, since a refusal to submit to breath testing leads to another serious but separate charge of Refusal to Submit. A Reckless Driving ticket (NJSA 39:4-96) is also almost always given along with a DWI charge.

DWIs in New Jersey, while very serious, are still just traffic violations. A NJ DUI is not a criminal offense. This is both good and bad. A DWI does not expose you to a criminal conviction, but on the other hand, cannot be expunged since it is not a criminal conviction.

There are many subtleties to DWI law in New Jersey. The practice of DWI law demands that attorneys constantly stay on top of the frequent developments in the statutes and case law. Call now to speak with a Monmouth County DWI lawyer. We can help guide you through the process and make sure you receive the best possible result under the circumstances. Let us help you.

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