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In Ocean County, New Jersey, drinking and driving may only land you a traffic ticket, but it may be the worst traffic ticket you’ve ever received. Driving while intoxicated includes operating a vehicle while under the influence of certain drugs or alcohol and letting someone who is impaired drive your vehicle. Even though it is technically not considered a crime, there are heavy mandatory fees if you are found guilty. There are also the penalties of license suspension, possible jail time, and increased insurance costs when the license is reinstated.
If you are pulled over for a possible DWI in Ocean County, the first thing that will happen is field sobriety testing by the police officer. In New Jersey, you can be convicted of DWI based on the observational testimony from field tests or from chemical testing. Chemical tests include breath, blood or urine. In New Jersey, the standard legal limit of blood alcohol content (BAC) is .08%. If you happen to be under the age of 21 when you are charged with DWI, the legal limit of BAC is dropped to .01%. Following any proof of intoxication, the officer will issue a ticket and either keep you in the police station until you are sober, or release you to a sober adult that can drive you home.
Over the next 60 days, the traffic ticket will be dealt with in court. If an attorney is not obtained prior, an arraignment will be the first court appearance. Defendants with an attorney typically have this appearance waived while defendants without an attorney are required to attend. There are no plea bargains in New Jersey DWI cases. A prosecutor has to be convinced that the State cannot prove the DWI charge in court.
The pre-trial phase is the earliest time a NJ DWI case can be resolved. It typically occurs within 30 days of the arraignment. If the issue continues to trial, an attorney can obtain a motion hearing to prohibit certain evidence from being used in trial. In Ocean County DWI cases, the trial will be heard by a judge and not a jury. Trial provides the defendant an opportunity to challenge any proof of intoxication that the police officers produced.
DWI charges in New Jersey can be won, but generally require the help of an attorney. This is because New Jersey DWI cases are quite unique and can be complicated. Attorneys are helpful because they can fight a DWI charge by challenging proof of intoxication and having certain evidence suppressed. With help, an Ocean County DWI charge does not have to be a DWI conviction.
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http://www.judiciary.state.nj.us/ocean/index.htm