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Neptune DWI Lawyer

16
Jun
2011

by in DWI Defense

A lot of Neptune DWI charges are filed in both Neptune Township and Neptune City. DWI law in New Jersey is governed by NJSA 39:4-50. If you are cited for a “4-50″ in Neptune, you will be handed or mailed a ticket showing charges of NJSA 39:4-50 and all other traffic violations.

Most of the DWI stops in Neptune result from traffic stops for speeding, unsafe lane change and the like. Some Neptune DUIs result from DWI checkpoints. DUI Checkpoints are relatively rare in Neptune. Most are set up in the summer months and must adhere to strict rules.

For example, DWI checkpoints in New Jersey must be published in advance, approved at a supervisory police level and meet certain other requirements. If charged with a DWI after stopped at a checkpoint, your attorney should make sure that all these elements are met. Most NJ sobriety checkpoints are set up in conjunction with both county and municipal authorities.

Almost all DWI summons in Neptune are accompanied by a ticket for Reckless driving. Reckless driving in New Jersey is governed by NJSA 39:4-96. It is also common for a ticket for unsafe lane change to be issued under NSJA 39:4-88. Many clients ask, “can’t I just plead guilty to Reckless Driving in exchange for a dismissal of DWI?”

The answer is “no.” The court rules of New Jersey forbid plea agreements in DWI prosecutions. However, if the prosecutor can be convinced that the DUI charge can not be proven, he or she should dismiss the DWI charge. In such cases, the person may plead guilty to a lesser offense. Indeed, these look a lot like plea agreements.

If you are charged with a DWI in Neptune Township, your case will be heard in the Neptune Township Municipal Court. The judge in Neptune Township is Robin Wernik, J.M.C. The prosecutor is James Butler, Esq. If your Neptune DWI charge arose in Neptune City, your case will be heard in the Neptune City Municipal Court. The Judge in Neptune City is Mark T. Apostolou, J.M.C.

Most Neptune DWI arrests are made on Route 33 and Route 35. If you are stopped for a DWI in Neptune, you should be polite but not make any incriminating statements. Any admission of drinking will be used against you. If a Neptune police officer observes your vehicle breaking a motor vehicle law, he or she has the right to stop you. Even if they only have a “reasonable suspicion” that you broke the law, they have the right to stop your car.

After pulling you over, the officer will approach the vehicle and ask for your driver’s license, registration and proof of insurance. Driving without insurance in New Jersey is about as serious as a DWI. A first offense conviction for No Insurance, in violation of NJSA 39:6B-2, carries a $500 fine and mandatory 1-year driver’s license suspension. Having no registration is much less serious, carrying only a fine. However, your vehicle will likely be towed away in either case.

A common fact that police cite in DWI arrests is that you could not produce your credentials in a proper way, that you fumbled the document or could not find them. The officer may smell alcohol on your breath or coming from the inside of the car. The officer may also claim that your speech was slurred or that your eyes looked red. These facts will all be used to detain you for sobriety testing.

I defend people all the time who have been accused of drunk driving in Monmouth County. Call us to discuss how to begin defending your Neptune DWI charge.

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