Jersey City, NJ Criminal DUI DWI Drunk Driving Traffic Lawyer

ARRESTED FOR DUI, DWI, DRUNK DRIVING?

WE CAN HELP!

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If you've received a Traffic Ticket, a DWI-DUI or arrested for Drunk Driving in Jersey City 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. 


Mr. Avery regularly defends DUI-DWI and Drunk Driving Matters, as well as all other Traffic Related tickets and Summonses in Jersey City and in all other 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 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 Jersey City.


We know you have questions. The following link (in blue) contains 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 the Municipal Court in Jersey City. 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.


IN TIMES OF TROUBLE, EXPERIENCE MAKES THE DIFFERENCE!


TO LEARN MORE ABOUT THE FINES AND PENALTIES YOU ARE FACING WHEN CHARGED WITH A DWI-DUI OR DRUNK DRIVING MATTER IN JERSEY CITY, SEE OUR DWI-DUI PENALTIES PAGE OR READ BELOW:

DWI-DUI-DRUNK DRIVING PENALTIES ARE SEVERE, READ THEM HERE


For directions to the Borough of Jersey City, NJ, Municipal Court, at 265 Summit Avenue, Jersey City, New Jersey, please use the Google Maps tool below:


COURT CODE HUDSON COUNTY

0906 MVC # J09

JERSEY CITY MUNICIPAL COURT 

PHONE : 201-209-6700

365 SUMMIT AVENUE

JERSEY CITY NJ 07306

OFFICE HOURS : M-TH 8AM-9PM FRI 8AM-3:30PM

JUDGE NESLE A.RODRIGUEZ CJMC 

WENDY WALKER , CT ADMINISTRATOR 

Court Imposed Fines and Penalties

Driving Under the Influence of Alcohol or Drugs (DUI/DWI/Drunk Driving) 

A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.

First Offense - BAC 0.08% but less than 0.10%

• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC)  • Maximum 30 days imprisonment

First Offense - BAC 0.10% or higher

• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*

Second Offense

• 2 years driving privilege suspension • $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC

• 48 hours - 90 days imprisonment*

Third Offense

• 10 years driving privilege suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC • 180 days imprisonment*

DUI/DWI/Drunk Driving in School Zone or School Crossing

First Offense

• 12-24 months driving privilege suspension • $500-$800 fine • 60 days imprisonment

Second Offense

• 48 months minimum driving privilege suspension • $1,000-$2,000 fine
• 60 days community service
• 96 hours-180 days imprisonment*

Third Offense

• 20 years driving privilege suspension
• $2,000 fine • 180 days imprisonment

Refusing the Chemical Test

First Offense

• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12 hours minimum IDRC

Second Offense

• 2 years driving privilege suspension •$500-$1,000fine •12hoursminimumIDRC Third and Subsequent Offenses
• 10 years driving privilege suspension
• $1,000 fine • 12 hours minimum IDRC

Refusing Chemical Test in School Zone or Crossing

First Offense

• 1 to 2 years driving privilege suspension •$600-$1,000fine •12hoursminimumIDRC

Second Offense

• 4 years driving privilege suspension • $1,000-$2,000 fine • 12 hours minimum IDRC

Third and Subsequent Offenses

• 20 years driving privilege suspension
• $2,000 fine • 12 hours minimum IDRC

Underage

For persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the penalties are:

Minimum

• 30-90 day driving privilege suspension if currently licensed; or • 30-90 day prohibition from becoming a licensed driver at age 17 years; and,
• 15-30 days mandatory community service; and

participation in an IDRC or other alcohol education; and completion of a highway safety program or

• a combination of the minimum sentences above and DUI sentences (see schedule)

Maximum

• DUI/DWI/Drunk Driving sentences (see schedule). If the BAC is 0.08% or higher, underage persons will receive DUI/DWI/Drunk Driving sentences as noted.

Ignition Interlock Device Requirements

The courts will require DUI/Dwi/Drunk Driving and refusal offenders to install an ignition interlock device based on the number of past offenses. To operate the vehicle, the driver must blow into the device and also submit to random rolling tests while in operation. The vehicle will not start if the driver’s BAC level exceeds 0.05%.

First Offense, DUI/DWI/Drunk Driving w/BAC level below 0.15%, Court may impose

• 6 months – 1 year installation of interlock device after restoration of driving privileges
First Offense, DUI/DWI/Drunk Driving w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose

• installation of interlock device required during the term of suspension and

• 6 months - 1 year installation of interlock device after restoration of driving privileges
Second, Third & Subsequent Offenses for DUI/DWI/Drunk Driving and refusal convictions, Court shall impose

• installation of interlock device required during the term of suspension and

• 1 - 3 years installation of interlock device after restoration of driving privileges

Offenses that occurred after Jan 15, 2010 are no longer subject to suspension of registration privileges in lieu of interlock installation.

Failure to have an interlock device installed when ordered by a judge could result in an additional one year driving privileges suspension.

Surcharges - Alcohol Violations

In addition to the court imposed fines and penalties, anyone convicted of DUI/DWI/Drunk Driving or chemical test refusal is subject to:

• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.

• an insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period.

• a single $100 DUI/DWI/Drunk Driving enforcement surcharge that must be paid to the court with the required fine upon conviction.

The surcharges will be imposed on a New Jersey or an out- of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.

Surcharges - Point Violations/Other

Motorists who incur six or more motor vehicle points are also subject to an insurance surcharge of $150 for six points and $25 for each additional point. The point surcharge will remain in effect as long as a motorist has six or more points on their record for the immediate three-year period. MVC will suspend all driving privileges indefinitely and take judgment action if the surcharge is not paid. Other violations subject to a surcharge are:

• driving while unlicensed $100
• driving while suspended $250/Court or MVC imposed • failing to insure a MOPED $100
• operating an uninsured vehicle $250

Igntion interlock

 If your license was suspended for a DUI/DWI/Drunk Driving offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.

 Igntion interlock device requirements

              First DUI/DWI/Drunk Driving offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration

            Second DUI/DWI/Drunk Driving offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration

            Third DUI/DWI/Drunk Driving offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration

If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.

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.


Additional Resources and Frequently Asked Questions:

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

www.state.nj.us/mvc/Violations/dui_Ignition.htm


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

www.state.nj.us/mvc/pdf/Violations/interlock-faq.pdf


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

www.state.nj.us/mvc/Violations/dui_Underage.htm


How do I get my license restored? See:

www.state.nj.us/mvc/Violations/suspension.htm


What are 'Surcharges'? See:

www.state.nj.us/mvc/Violations/Surcharges.htm


Does the State have an 'easy to read' description of DUI/DWI/Drunk Driving Penalties? See:

http://www.state.nj.us/mvc/pdf/Violations/DI-258.PDF


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

http://www.state.nj.us/mvc/Violations/driverimprovement.htm



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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Additional Resources and Frequently Asked Questions:

Jersey City, New Jersey Information:


Where can I find information on Jersey City NJ Municipal Codes:

Not found.

Does the City of Jersey City have a website?

http://www.cityofjerseycity.com

Does the Jersey City Municipal Court have a website?

http://www.cityofjerseycity.com/court.aspx?id=1420

How do I pay a  Jersey City ticket online if a Court Appearance is not mandatory?

http://njcourts.judiciary.state.nj.us/njmcdirect/atswepr2/home.do

What are the most frequently asked questions of the Jersey City Municipal Court?

None found. However those used in the Fort Lee New Jersey Municipal Court site are typical of all municipal courts:

http://www.fortleenj.org/index.php?option=com_content&view=article&id=112&Itemid=171

Jersey City is the seat of Hudson CountyNew Jersey, United States. As of the 2010 United States Census, the population of Jersey City was 247,597,[10][11][12] making it the second-most populous city in New Jersey.[17]

Part of the New York City metropolitan area, Jersey City lies across from Lower Manhattan between the Hudson River and Upper New York Bay and the Hackensack River and Newark Bay. A port of entry, with 11 miles (18 km) of waterfront and significant rail connections, Jersey City is an important transportation terminus and distribution and manufacturing center for thePort of New York and New Jersey. Service industries have played a prominent role in the redevelopment of its waterfront and the creation of one of the nation's largest downtowns.

After a peak population of 316,715 measured in the 1930 Census, the city's population saw a half-century long decline to a low of 223,532 in the 1980 Census, but since then the city's population has grown, with the 2010 population reflecting an increase of 7,542 (+3.1%) from the 240,055 counted in the 2000 Census, which had in turn increased by 11,518 (+5.0%) from the 228,537 counted in the 1990 Census.[18][19]

(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..

Tagged: drunk driving, dwi attorney, dwi lawyer, dui lawyer, dui attorney, dui attorneys, dui laws, dui defense, dui penalties, Ridgefield NJ, Fort Lee NJ, Palisades Park NJ, Jersey City, NJ

© Avery & Avery, Esqs., 2012-2017 All rights reserved. Robert W. Avery, Esq., John S. Avery, Esq., www.averylaw-nj.com, www.drugcrimedefenselawyer-nj.com,  www.criminaldefenselawyer-nj.comand 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.