DWI Defense Attorneys in Ocean Township New Jersey
The Monmouth County town of Ocean has a long history of aggressive DWI enforcement. It is historically in the top twenty percent in the county for driving while intoxicated and driving under the influence of drugs. If you were stopped and arrested on suspicion of DUI, you must mount a potent defense as plea bargaining is totally outlawed in N.J.S.A. 39:4-50 cases. You and your attorney will have to come up with a legitimate issue that prevents the prosecutor from satisfying his burden of proof. Being the lawyer with the most local juice has no relevance as the court cannot permit a dismissal or downgrade absent a fatal flaw in the DWI charge. It is therefore absolutely necessary for you to have representation from someone who is highly experienced in DWI/DUI defense if you want to have the highest potential for averting a conviction. At our firm, The Law Offices of Jonathan F. Marshall, there is no doubting the exceptional qualifications for defending your Ocean Township DWI offense. We are the only firm with its own Alcotest machine in the county and employee: (1) several former Monmouth County DUI prosecutors; (2) two of the five attorneys in NJ who are certified as instructors by the National Highway Traffic Safety Administration in Standardized Field Sobriety Testing; and (3) 4 of the approximately 50 lawyers who are certified by Draeger Laboratories as operators of the Alcotest breath test that you probably blew into. An attorney on our defense team is available to discuss the facts associated with your motor vehicle stop, roadside testing, and everything that came after the arrest (e.g. operation of the breathalyzer). The consultation is free of charge and we are available 24/7 at 732-450-8300.
Ocean DWI Information
The Ocean Township Police wrote 87 drunk driving and breath test refusal summonses for the year 2013-14. The primary roadways for these tickets were Route 18 and Route 35. Unless the related arrested result in an indictable offense too, for example, possession of CDS other than marijuana or assault by auto, the violations were heard in Ocean Municipal Court. The Court is located at 399 Monmouth Road, Oakhurst, NJ 07755 with the Honorable Timothy F. McGoughran presiding. Jacqueline Dowd is the Court Administrator with Gloria Walker and Ilda Guiomar acting as her deputies. Jessica Bifulco and Roxanne Winters and the violation clerks. The court may be reached 8:30 a.m. to 4:30 p.m. at 732-531-5005. Judge McGoughran hears DWI cases on Tuesdays at 12:30 p.m. It is extremely important that you present your best defense when you appear on your drunk driving case otherwise you will face the following penalties:
- First Offense. For a blood alcohol concentration (“BAC”) of .08% but less than .10%, you face a mandatory 3 months license suspension, fines and assessments that can exceed $1,000, a three year surcharge of $1,000 per year, and up to 30 days in jail. If the BAC involved is .10% of higher, the same penalties essentially apply except the driver’s license suspension is enhanced to 7-12 months. For first offenses involving driving under the influence of marijuana, heroin and other drugs, the penalties are the same as for BAC readings of .10% or higher.
- Second Offense. Similar fines and assessments and surcharges apply for a second offense, however, the license revocation is two (2) years and that is mandatory jail of 2 to 90 days. Installation of an ignition interlock during the suspension period plus 1-3 years after restoration also apply.
- Third Offense. There is a 10 year license loss, $1,500 annual surcharge for a period of three (3) years and $1,000 fine ($500 in assessments too) for a third offense. The same ignition interlock obligation as a second offense also applies. The biggest penalty involves a mandatory jail sentence of 180 days.
| Nature of Violation | Suspension | Monetary Penalties | Jail | Other Consequences |
|---|---|---|---|---|
| First Offense With BAC of 08% But Less Than .10% | Until Interlock Installed | $250–$400 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC |
| First Offense With BAC of 10% or Higher or Violation Involves Drugs | 4-6 Months | $300–$500 fine $230 IDRC fee $100 Drunk Driving Fund $100 AERF $1,000 Surcharge Annually for 3 Years $75 Safe Neighborhood Fund $50 VCCB Fund | Up to 30 Days | 12–48 hours IDRC Ignition Interlock If BAC 0.15% or higher |
| Second Offense | 1-2 Years | 500–$1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 AERF $1,000 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 2-90 Days | 30 Days Community Serv. 48 Hours in IDRC Ignition Interlock During Suspension & 1-3 Years Following Restoration |
| Third Offense | 8-10 Years | $1,000 fine $280 in IDRC Fees $100 Drunk Driving Fund $100 to AERF $1,500 Surcharge for 3 Years $75 Safe Neighborhood Services Fund $50 VCCB | 180 Days Of Which Up To 90 Days May Be Served In An IDRC Approved Inpatient Rehabilitation Facility | Up to 90 Days Community Service Ignition Interlock During Suspension and 1-3 Years Following Restoration |
Ocean Township NJ DWI Lawyers
The Ocean Township police are diligent in enforcing the DWI laws as you probably already know. The job of the DWI lawyers at our firm is to make sure they followed the letter of the law and proper administrative protocol when they arrested and processed you. You would be shocked at just how often police go awry from what was required and, in doing so, have provided our attorneys with an opportunity for dismissing or reducing a DUI charge. You will never know what could have been done in your case, however, unless you retain a lawyer who knows DWI defense inside and outside. So call our firm now for a free consultation.
