Sandy Hook DWI Charges and Penalties
Facing a DUI Charge from Sandy Hook?
Have you been arrested and charged with driving while intoxicated or under the influence on Sandy Hook? If so, you are not alone. Sandy Hook, which is a Gateway National Recreation Area, issues its fair share of DWI/DUI charges each and every year. The vast majority of the DWI charges originating out of Sandy Hook occur during the summer months. That is due in large part to the fact that people from all over the Country come to visit Gunnison Beach each and every summer. It is well known by now that New Jersey takes DWI offenses very seriously and at times, the penalties associated with a conviction can seem unforgiving. With that being said, since Sandy Hook is considered Federal property, anyone arrested within its borders will be subject to federal jurisdiction. As one would imagine, the potential penalties for a federal DWI are far worse than New Jersey’s harsh penalties. If you would like to set up a consultation with one of the criminal and DWI defense lawyers at Proetta, Oliver & Fay today, please contact our office at 732.858.6959. Our office is located right outside Sandy Hook in Middletown. Now here is some important information on driving under the influence charges at Sandy Hook.
How Serious is a DWI charge on Sandy Hook?
The governing statute for DWI offenses in the Federal system is 36 CFR 4.23(a)1. Unlike New Jersey, driving while intoxicated is considered a class B misdemeanor offense in the Federal system as opposed to a traffic offense. Anyone convicted of DWI on Sandy Hook will be facing up to six months in prison, a fine up to $5,000, probation up to five years, a loss of license and alcohol rehabilitation classes as well. Furthermore, since the Federal system does not allow for expungements, anyone convicted of 36 CFR 4.23(a)1 will be scarred with a permanent criminal record as well. As you can see, these penalties are far more severe than the penalties associated with a DWI in New Jersey. It is important to discuss here, that pursuant to 36 CFR 4.2(b), it is possible to convince the court to amend the Federal offense to a State offense. This will allow for the Court to impose New Jersey’s DWI penalties as opposed to the harsher Federal penalties. This could be a significant advantage, especially considering the fact that New Jersey has recently amended their potential penalties to allow the imposition of the ignition interlock device in lieu of a loss of license under certain scenarios.
Arrested for a DWI at Gunnison Beach, where do I have to appear for Court?
Anyone arrested for DUI on Sandy Hook will be required to appear in the United States District Court of New Jersey, which is located in Newark, New Jersey to litigate the charges. The courthouse is physically located at 50 Walnut Street. All DWI charges issued on federal property in New Jersey will be heard by a Federal District Court Magistrate. More likely than not, the United States Magistrate Judge that will preside over the case will be Judge Mautone. Despite the fact that DUI offenses in the federal system are criminal in nature, anyone facing a DUI will not be entitled to a jury trial on the allegations but instead will only be entitled to a bench trial. That means that the magistrate will be the trier of fact and will ultimately be called upon to make the determination of whether or not the individual is guilty.
Common charges associated with DWI arrests on Sandy Hook
Unfortunately, most individuals arrested for driving under the influence on Sandy Hook are also charged with ancillary offenses as well. 36 CFR 4.2(b) allows for State traffic laws to apply within federal park areas and 18 USC 13 allows for State criminal laws to apply within federal park areas. Here are some of the common ancillary offenses that we see being issued:
- 36 CFR 4.2(b) – NJSA 39:4-96 – Reckless Driving
- 36 CFR 4.14(b) – Open Container of Alcohol in MV
- 36 CFR 4.2(b) – NJSA 39:4-88 – Failure to Maintain Lane
- 21 USC 844(a) Possession of CDS for Personal Use
Need to Consult With Attorney for DUI on Gunnison Beach, Sandy Hook
As you can tell from reading above, driving while intoxicated offenses on Sandy Hook or any other federal property for that matter are not something to take lightly. The consequences can be crippling. Over the years Sandy Hook as become one of the more desirable must see places in all of New Jersey. Individuals flock from all over to the seven mile peninsula known as Sandy Hook. As a result, with any increase in population, it tends to lead to an increase of crime and Sandy Hook is no exception. The attorneys at Proetta, Oliver and Fay have been defending those accused of crimes like DUI, drug possession, possession of alcohol, resisting arrest, lewdness, simple assault and disorderly conduct on Sandy Hook for over a decade now. If you would like to speak to one of our attorneys today about your options, please free to contact our Middletown office at (732)-858-6959. A member of our team is available now to immediately assist you in a free consultation.