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Marlboro DWI Lawyer – NJSA 39:4-50


by in DWI Defense

Marlboro Police make a substantial amount of DWI arrests. DWI arrests and prosecution in Marlboro Court can be an extremely stressful experience. An experienced Marlboro DUI lawyer can greatly reduce this stress and give you the chance of success.

Most DWI charges in Marlboro are issued after traffic stops on the several busy roads of Marlboro. These include Route 9, Route 18, and Route 520. Marlboro Township is located in northern Monmouth County. DWI charges in Marlboro Municipal Court. Marlboro borders Aberdeen, Colts NeckOld Bridge, and Manalapan.

The Marlboro Municipal Court meets on Thursdays. The judge is the Honorable James M. Newman, J.M.C. The prosecutor, Nicole Sonnenblick, Esq. was recently appointed after Alan Faulk, Esq. held the position for the past year. The court holds arraignments, probable cause hearings, conferences, trials and post-conviction petitions.

In addition to Marlboro DWI charges, Marlboro police also file several Refusal charges a month as well. A Refusal charge, NJSA 39:4-50.2 can further complicate your DWI. The legislature passed the Refusal statute to take away the incentive some may have to not submit to breath sampling.

Without a valid breath reading, you can not be sentenced to more than a 90-day license suspension. That is why the penalty for refusing to submit to breath testing is a minimum of 7 months. You are therefore almost always better off submitting to breath testing. Failing to do so will make defending you Marlboro DWI more difficult and expose you to harsher sentencing.

There are defenses to a Marlboro Refusal charge. In State v. Marquez, the court held that the implied consent warning must be read to the defendant in his or her own language. Police in New Jersey quickly developed procedures to meet this requirement through services like language line and computer translated forms. The implied consent warning is a standard form that police must read to you before administering breath testing. Language line is a service utilized primarily by courts to assist in translation.

Another defense to a New Jersey refusal charge is that there was no probable cause to arrest you in the first place. Probable cause is a reasonable, articulable belief that you drove under the influence. This can be established by the observations any sobriety testing done by the arresting officer.

Probable cause is also a key issue in challenging the results of the breath test for those who do not refuse. Again, if police do not have probable cause to arrest you, there are no grounds to give you the breath test. If your DWI lawyer can show that there was no probable cause to arrest, the Alcotest results may be thrown out.

Similarly, if there was not even probable cause to arrest you for DWI, it’s probably going to be difficult for the state to prove that you were DUI beyond a reasonable doubt. Reasonable doubt is a much higher standard than probable cause.

Call now to speak with a DWI attorney in the Marlboro area. My main office is in Freehold, only minutes from the Marlboro court.






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