Know What to Expect in Your Holmdel DWI Case
It is well known by now that New Jersey has some of the harsh DWI penalties in the country. As you will see below, they include the potential of not only a license loss, imposition of the ignition interlock device and high fines but even jail time. On top of that, plea bargaining is prohibited on DWI offenses, meaning that outside a bona fide defense, an individual will most likely suffer a lengthy license loss. Now, that is meant to scare you into thinking there is nothing that can be done to defend these types of charges. It was said to highlight the importance of hiring not only an experienced DWI defense attorney but one that has extensive experience in dealing with Holmdel Municipal Court. The attorneys at the Keith Oliver Criminal Law have been defending individuals charged with driving while intoxicated in the Holmdel Municipal Court for years now. Our office, is located about three miles down the road. If you would like to come into our office and speak with one of our Holmdel DUI defense attorneys then please contact us at (732) 858-6959.
Need Local Attorney for DWI Charge in Holmdel Municipal Court
Since plea bargaining is prohibited when it comes to DWI offenses in New Jersey, it is crucial that you hire an attorney how has extensive experience defending DWI charges in New Jersey. One of the members of our firm has sought out and obtained specialized DUI defense training over the years. They have been certified to administer the Alcotest machine and he has been certified as an instructor of the Standardized Field Sobriety Tests. These are the two key pieces of evidence needed by the prosecution in order to convict an individual of driving under the influence in New Jersey. This training and insight on DWI’s gives our attorneys a fighting chance when it comes to defending DWI’s in the Holmdel Municipal Court. For a free initial consultation today, please do not hesitate to contact us.
Driving While Intoxicated Charge in Holmdel – Where Do I appear?
With major roadways like Route 18, Route 35, Route 36 and the Garden State Parkway cutting right through the borough of Holmdel and the fact that PNC Bank Arts Center is located less than a mile away from the Holmdel Municipal Court, it should be no surprise to hear that Holmdel deals with a tremendous amount of DWI charges each and every year. If you are loved one has been charged with a DWI in Holmdel, you will need to appear at the Holmdel Municipal Court, which is located at 4 Crawfords Corner Road to answer for those charges. Judge Casey, who is the presiding judge for the Holmdel Municipal Court, will be the trier of fact. She alone will determine guilt or innocence. The Holmdel Municipal Court will be in session every Monday and Wednesday at 9 a.m.. Court sessions will traditionally run for three to four hours depending on whether or not any trials are scheduled, so please plan accordingly. For more information on the potential penalties, please see below.
Will I go to Jail if I am Convicted of a DUI in the Holmdel Municipal Court?
New Jersey does not differentiate between driving while intoxicated and driving under the influence offenses. In New Jersey they are treated exactly the same. With that being said, DWI charges are enhanceable offenses. Meaning that for every second or subsequent conviction, the penalties will drastically increase. Here is a breakdown of the potential penalties that an individual faces if convicted of a DUI New Jersey.
1st Offense DWI convictions: The Defendant’s BAC was less than a .10%
- This offense is known as a lower-tier DWI in New Jersey, the potential penalties include the imposition of the ignition interlock device for 3 months, up to 30 days in the Monmouth County Jail, fines up to $400, $1,000 annual Insurance surcharge for three years, 12 hours and the intoxicated drivers Resource Center.
1st Offense DWI convictions: The Defendant’s BAC was greater than a .10%
- The potential penalties include the imposition of the ignition interlock device for 7 to 12 months, up to 30 days in the Monmouth County Jail, fines up to $500, $1,000 annual Insurance surcharge for three years, 12 hours and the intoxicated drivers resource center and a four to six month loss of license if the Defendant’s BAC is greater than .15%.
2nd Offense DWI convictions:
- The potential penalties include a mandatory loss of license for one to two years, 2 to 90 days in the Monmouth County Jail, fines up to $1,000, $1,000 annual Insurance surcharge for three years, 48 hours and the intoxicated drivers resource center, mandatory 30 days of community service and ignition interlock device is mandatory.
3rd Offense DWI convictions:
- The potential penalties include a mandatory loss of license for 8 years, a mandatory 180 days in the Monmouth County Jail (90 of which may be served in an inpatient rehab facility), fines up to $1,000, $1,000 annual Insurance surcharge for three years, a maximum of 90 days of community service and ignition interlock device is mandatory.
Facing a Criminal Charge based on DWI Case in Holmdel
It is very common in New Jersey to see an individual whom is arrested for driving under the influence also be charged with a crime. For example, if an individual is pulled over for a DUI on the Garden State Parkway in Holmdel Township and it is later determined that he had his six year old child in the car, he will also be facing second degree endangering the welfare of a child charge on top of the DWI. Since this is an indictable offense (felony) the entire case, including the DWI will need to be transferred to the Monmouth County Superior Court and the case will be prosecuted by the Monmouth County Prosecutor Office. This is just one common scenario that we see, some of the other more frequent charges that we see individual’s charged with ancillary to a DWI are the following: death by auto, strict liability death by auto, resisting arrest, drug possession, eluding and unlawful possession of a weapon. All of these are considered criminal cases and would result in not only a criminal conviction but jail time as well if convicted.
Frequently Asked Questions about Driving Under the Influence Charges in Holmdel
- What is the best deal for a DWI charge in Holmdel Municipal Court?
- Unfortunately plea bargaining is prohibited in DWI cases.
- Will I have a criminal record if I am convicted of DUI in Holmdel?
- No. DUI / DWI / Refusal to Submit a Breath Sample are considered traffic offenses in New Jersey.
- Can I get a Jury Trial for my DWI case in Holmdel?
- No, since DWI cases are considered traffic matters, you would not be entitled to a Jury Trial. You would only be entitled to a Bench Trial.
- Can you Expunge a DWI conviction in NJ?
- No, DWI convictions are not expungable and they never expire. If ten years has elapsed since the individual’s last conviction, they would be entitled to a “Step Down” which means they could be sentenced one offense less.
DWI Attorneys in Holmdel New Jersey
As you can see, the potential penalties for for anyone convicted of a DUI in New Jersey are severe. If you would like to speak to one of our Holmdel New Jersey DWI defense lawyers today then please contact us directly at (732)858-6959. Our attorneys also represent individuals charged in Holmdel with assault by auto, eluding, endangering the welfare of a child, refusal to submit a breath sample, possession of marijuana under 50 grams and underage possession of alcohol. These are very serious charges and ones that can play havoc on the rest of your life. Please do not hesitate to contact our office if you have any questions.