Bergen County NJ, Criminal DUI DWI Drunk-Driving Traffic Lawyer



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If you've received a Traffic Ticket, a DWI-DUI or arrested for Drunk Driving in Bergen County or anywhere in New Jersey, you are facing fines, surcharges, loss of license, jail…

To keep you safe, you need the most experienced DUI-DWI-Drunk Driving Lawyer you can find!!!

FORMER MUNICIPAL COURT JUDGE*Robert Avery, Esq., has over 35 years of experience in the analysis and defense of DUI-DWI and Drunk Driving Matters, as well as all other Traffic Related Tickets and Summonses. 

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Potential Client?

We evaluate each client's needs based upon their individual situation. To discuss how we might be of help to you, use our Contact Page, Email, or simply call us at: 

Mr. Avery regularly defends DUI-DWI and Drunk Driving Matters in the Central Municipal Court of Bergen County, as well as all other Traffic Related Tickets and Summonses in all Municipal Courts in the Northern New Jersey region, including those in Bergen County, Hudson County, Passaic County and Morris County, as well as those in the Central Municipal Court of Bergen County in Hackensack, and the Palisades Interstate Parkway Police Court.

You are invited to call the offices of Avery & Avery, Esq., at 201-943-2445, or to contact us through our contact page, to schedule a free initial consultation, to see how we can help you with your  DUI-DWI and Drunk Driving Matters, as well as all other Traffic Related tickets and Summonses in the Central Municipal Court of Bergen County.

We know you have questions. The following is a description of the potential pentalties you may be facing, taken from the New Jersey Statute which governs the trial of DUI-DWI and Drunk Driving Violations, and which govern all Municipal Courts in Bergen County New Jersey, including Central Municipal Court of Bergen County. Following the penalty section are some frequently asked questions, and answers.

Again, should you have further questions, you are invited to call us at 201-943-2445, or to contact us through our contact page, to schedule a free initial consultation.



Additional Resources and Frequently Asked Questions, All Municipal Courts of Bergen County:

What is ingition interlock and where can I get it installed? See:

What are the most frequently asked questions about Ignition Interlock? See:

What are the penalties in Bergen County if I'm unlicensed and under the age of 17 when arrested? See:

How do I get my license restored? See:

What are 'Surcharges'? See:

Does the State have an 'easy to read' description of DUI/DWI/Drunk Driving Penalties which apply in all Bergen County Municipal Courts? See:

Can I reduce my points by attending a driver improvement program? See:

 Information on Bergen County, New Jersey:

Does Bergen County have a website?

Can I be prosecuted for DUI/DWI/Drunk Driving if the Alcotest results fail or are inadmissible due to technical or other reasons?

The answer in New Jersey is a clear yes. This is called an observation case as it will be based solely on the observations and opinions of the arresting officers. What few defendants know is that most DUI/DWI/Drunk Driving arrests occur with a video running and that all of their movements, statements and actions are being recorded. The video is generally located on the dashboard of the police car that responds to the scene and can be aimed at the DUI/DWI/Drunk Driving suspect, whether he or she is on a sidewalk performing preliminary physical tests, or sitting in the back seat of the patrol car after an arrest. This video becomes part of a prosecutors arsenal in an observation case.

The general observations of the arresting officer in a DUI/DWI/Drunk Driving arrest will also be an important part of the prosecution. These observations will include a DUI/DWI/Drunk Driving defendant’s ability to walk (whether unable to, falling, swaying, sagging or staggering); ability to stand (whether unable to, swaying, leaning for balance, etc.); speech (shouting, rambling, slobbering, incoherent, etc.); demeanor in general (including fighting, excited, hysterical, sleepy, crying, etc.); condition of eyes (including bloodshot, watery, drooping lids, etc.); condition of clothing (including mussed, dirty, vomited on, etc.); appearance of face (whether flushed or pale); and whether there is an odor of an alcoholic beverage on the DUI/DWI/Drunk Driving suspect’s breath.

For a SAMPLE OBSERVATION CHECKLIST used by NJ Police Departments in DUI/DWI/Drunk Driving arrests, see the attached link.

Do I have the right to refuse to take a DUI/DWI/Drunk Driving BREATH TEST, and what happens if I do refuse?

The answer in New Jersey is NO, you have no right to refuse to take the breath test. Whether you know it or not, New Jersey law provides that any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State is deemed to have given his consent to the taking of samples of his breath for an Alcotest or Breathalyzer test. Refusing the breath test carries serious penalties which generally parallel and are in addition to the penalties for DUI DWI Drunk Driving. Refusing or refusal of the breath test is a serious complication to a DUI DWI Drunk Driving arrest as the refusal can seriously increase the level of penalty. Even so, there are defenses in Refusing and Refusal cases in which the lawyers at Avery & Avery, Esqs., are highly experienced, enabling them to be of considerable help those charged with Refusing or Refusal of the Breath Test, and in minimizing the penalties for refusal. To see the statutory penalties for Refusing or Refusal of the Breath Test, click the link to open our REFUSING / REFUSAL PENALTY PAGE.

A short history of Bergen County, New Jersey:

At the time of first European contact, Bergen County was inhabited by Native American people, particularly the Lenape nation, whose sub-groups included the TappanHackensack and Rumachenanck (later called the Haverstraw), as named by the Dutch colonists.[6] Some of their descendants are included among the Ramapough Mountain Indians, recognized as a tribe by the state in 1980.[7] Their ancestors had moved into the mountains to escape encroachment by Dutch and English colonists. They reside mostly in the northwest of the county, in nearby Passaic County and in Rockland County, New York. They trace their Lenape ancestry to speakers of the Munsee language, one of three major dialects of their language.[8] Over the years, they absorbed other ethnicities by intermarriage.[9]

In the 17th century, the Dutch considered the area comprising today's Bergen and Hudson counties as part of New Netherland, their colonial province of the Dutch Republic. The Dutch claimed it after Henry Hudson (sailing for the Dutch East India Company) explored Newark Bay and anchored his ship at Weehawken Cove in 1609.[10] From an early date, the Dutch began to import African slaves to fill their labor needs. Bergen County eventually was the largest slaveholding county in the state.[11]The Africans were used for labor at the ports to support shipping, as well as for domestic servants, trades and farm labor. TheDutch West Indies Company plantation was in Bergen County.[citation needed]

Early settlement attempts by the Dutch included Pavonia (1633), Vriessendael (1640) and Achter Col (1642) but the Native Americans repelled these settlements in Kieft's War (1643–1645) and the Peach Tree War (1655–1660).[12][13] European settlers returned to the western shores of the Hudson in the 1660 formation of Bergen, which would become the first permanent European settlement in the territory of present-day New Jersey.[14][15]

During the Second Anglo-Dutch War, on August 27, 1664, New Amsterdam's governor Peter Stuyvesant surrendered to theEnglish Navy.[16] The English organized the Province of New Jersey in 1665, later splitting the territory into East Jersey andWest Jersey in 1674. On November 30, 1675, the settlement Bergen and surrounding plantations and settlements were calledBergen County in an act passed by the province's General Assembly.[17] In 1683, Bergen (along with the three other original counties of East Jersey) was officially recognized as an independent county by the Provincial Assembly.[18][19]

The origin of the name of Bergen County is a matter of debate. It is believed that the County is named for one of the earliest settlements, Bergen, in modern-day Hudson County. However, the origin of the township's name is debated. Several sources attribute the name to Bergen, Norway, while others attribute it to Bergen op Zoom in the Netherlands. Still others attribute it to the Dutch word meaning "hill" or "place of safety".[20] Some sources say that the name is derived from one of the earliest settlers of New Amsterdam (now New York City), Hans Hansen Bergen, a native of Norway, who arrived in New Netherlands in 1633.[21][22]

(Certain of the above text used under open license from Wikipedia, authorship is attributed at the links)

Note: As used herein, the terms DUI/DWI/Drunk Driving are used interchangeably, as the terms are all interchangeably used to describe violations under N.J.S.A. 39:4-50, et. seq..

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© Avery & Avery, Esqs., 2012-2017 All rights reserved. Robert W. Avery, Esq., John S. Avery, Esq.,,,, and Avery & Avery, Esqs. own all intellectual property rights, including all copyrights, in and related to the content and top design of this site and the organization of the information contained in this site. Disclaimer: This website is made available by Robert W. Avery, Esq., and Avery & Avery, Esqs., to give you general information and a general understanding of the law, not to provide specific legal advice.  By using this website, you understand that there is no attorney client relationship between you and the website publisher.  Communication by you (via email, facsimile, or telephone) does not create an attorney client relationship, which can only be accomplished by a written retainer agreement between lawyer and client.  Our top priority is to provide all of our clients and those who search for us, whether for personal injury matters, general trial work, criminal arrests, drug and marijuana arrests, municipal court dui dwi drunk driving arrests and breathalyzer/alcotest refusal representation, or for estate planning, estate administration, powers or attorney, living wills, advance directives, or for their last will and testament, with the best expert representation and best defense available anywhere. Our primary practice and expertise is in the Bergen County, Hudson County, Passaic County, Morris County, Essex County, Sussex County and North New Jersey region.