Charged with DWI in Belmar New Jersey
Need a Lawyer for a DUI in Belmar NJ
Have you been arrested and issued a summons to appear in the Belmar Municipal Court for driving under the influence? If so, you are not alone. Although the Borough of Belmar is typically known as a “summer town” it sure sees its fair share of DWI arrests each and every year. One of the main reasons behind this is the attractive nightlife that Belmar offers. Belmar has been well known for more then a half of century as the place to be during the summer. Bars like DJAIS and Bar Anticipation have been mainstays for the Jersey Shore for as long as time. Unfortunately, a desirable nightlife scene tends to lead to an increase in crime, and Belmar is no exception. One of the more common charges we continuously see being issued in Belmar is driving while intoxicated. As you will see below, DWI offenses are taken very seriously in New Jersey and the potential ramifications can be unforgiving at times.
Our attorneys have been appearing in the Belmar Municipal Court and defending those accused with various crimes, including but not limited too disorderly conduct, resisting arrest, simple assault, drug possession, possession of a fake id and driving while intoxicated. If you have unfortunately been summonsed to appear in the Belmar Municipal Court and would like to speak to one of the criminal defense lawyers on staff, please contact us directly at (732)-858-6959 or you can try contacting us online. Now here is some information on what unfolds during a DWI case in New Jersey.
How do DWI cases work in Belmar NJ? Do I have to appear in Court?
The one silver lining with DWI offenses in New Jersey is that they are considered traffic offenses and as such, will not lead to a criminal conviction and a criminal record. Since they are considered traffic offenses, the local municipal court in the municipality where the incident occurred will have original jurisdiction over the case. So, anyone charged with a DWI in the Borough of Belmar will need to appear in the Belmar Municipal Court, which is located at 601 Main Street to answer the charges. The Honorable Dennis Lavender will be the judge who presides over all DWI charges that occur within the boroughs boarders. Susan DiSimone, Esq. is the municipal prosecutor who be in charge of prosecuting the case on behalf of the State. It is important to remember here that since the case is in municipal court, the individual will only be afforded a bench trial and will not be entitled to a jury trial on the charges. That means that the Judge will be the trier of fact and it will be there duty to determine innocence or guilt. However, if the individual is charged with an indictable offense, like assault by auto, eluding or endangering the welfare of a child as a result of the DWI offense, then all of the charges, including the DWI will need to be transferred to the Monmouth County Superior Court, which is in Freehold for disposition.
There are Tough Penalties for DWI in New Jersey
Although DWI’s are considered traffic offenses in New Jersey, that is probably the only “forgiving” part of the offense. DWI’s are enhance-able offenses, meaning that penalties drastically increase for any second or subsequent offense. Anyone convicted of a DWI in New Jersey, even a first time offender, would be facing the possibility of the imposition of the ignition interlock device, license suspension, fines, community service, intoxicated drivers resource center (IDRC) and even jail time. Even though the DWI penalties were overhauled at the end of 2019, they still can be crippling. Here is some frequently asked questions when it comes to DWI offenses in NJ
- Penalties for a First Offense DWI in Belmar, New Jersey
- If it is a first offense DWI and the Blood Alcohol Content (BAC) is less than a .10%, the following penalties will apply: ignition interlock device for three months, a fine ranging from $200 to $400 and 12 to 48 hours in the intoxicated drivers resource center (IDRC). If the BAC was greater than .10% then the ignition interlock device will be required anywhere from seven to twelve months, a fine ranging from $200 to $500, 12 to 48 hours in the IDRC and up to 30 days in the Monmouth County Jail. If the BAC was .15% or more than in addition to the previous penalties, a license suspension from 4 to 6 months shall be imposed.
- Second DWI Charge Penalties in Belmar NJ
- Unlike a first offense, when it comes to a second offense DWI, the Blood Alcohol Content (BAC) is irrelevant. The following penalties are applicable to anyone who is convicted of a second offense DUI in New Jersey: a mandatory loss of license for one to two years, imposition of the ignition interlock device, a fine ranging from $500 to $1,000, 48 hours in the intoxicated drivers resource center (IDRC), two to ninety days in the Monmouth County Jail and 30 days of community service.
- Potential Sentence for a 3rd DUI Conviction in Belmar
- Similar to a second offense DWI, when it comes to a third offense, the Blood Alcohol Content (BAC) is irrelevant. The following penalties are applicable to anyone who is convicted of a third offense driving while intoxicated in New Jersey: a mandatory loss of license for eight years, imposition of the ignition interlock device, a fine of $1,000 and 180 days in the Monmouth County Jail. The Judge has the authority to allow for 90 days of the 180 days to be served in an approved rehabilitation center.
- What is a “Step Down” when it comes to DWI offenses in NJ?
- It is also important to note here that since these are traffic offenses, DWI conviction can never be expunged. They will remain forever. With that being said, the DWI law does allow for what is known as a “step down”. If 10 years has elapsed since the Defendant’s last conviction (not date of arrest), then the new offense will be “stepped down” at treated as if it was one offense less. For example, if a defendant is convicted of a second offense DWI on June 1, 2010 and he is arrested for what would be a third offense on June 20, 2021, then the new offense would be treated a second offense not a third.
Enlist a Local Attorney for Belmar DWI Charge Defense
As you see, DWI offenses, even a first time offense is not something to take lightly in New Jersey. The potential penalties can be unforgiving and crippling. Our attorneys have been defending those accused of DUI, Refusal to Submit to a Breath Sample, assault by auto, death by auto and eluding in towns throughout Monmouth County, including in the Borough of Belmar for over a decade. We truly understand what a DWI conviction can do to one’s life. If you would like to setup a consultation with one of the attorneys at Proetta, Oliver & Fay today about your options, then please contact us a (732)-858-6959.