Hire the Former Holmdel DWI Prosecutor To Defend You
If you have been charged with driving while intoxicated in Holmdel NJ, our firm, The Law Offices of Jonathan F. Marshall possesses the experience and skill you need. Our defense team has over 100 years of experience defending cases in Holmdel Municipal Court and, in fact, we even employ a former prosecutor of the court, Matt Dorry. Mr. Marshall also has strong ties to the community, having grown up in the area, attending high school in the township, and even having served as former prosecutor in the adjacent towns of Hazlet and Matawan. Matt, John and the other lawyers on our staff make up the largest DWI defense firm in not only the county but the state. We also happen to offer the following exceptional credentials:
- 4 of the approximately 10 lawyers dual certified on the Alcotest Breath Test instrument and in Standardized Field Sobriety Testing;
- 8 lawyers with over 100 years collective DWI experience;
- Former prosecutors in over 25 municipalities, including Holmdel, Hazlet and Matawan; and
- One of Two firms in the state with its own Alcotest Breath Test instrument.
We can honestly say that there is no other firm in the state that can offer this compliment of qualifications, let alone one that also happens to employ the former municipal prosecutor of the municipality. Give us a call anytime 24/7 and one of our attorneys would be happy to review the facts of your case. A lawyer is available immediately and we hope you find the information on this page of assistance.
DWI Penalties in Holmdel New Jersey
One of the first things you need to know is what will happen if you are found guilty of a DUI in Holmdel. The penalties that apply are graduated based on whether the violation is your first offense, second offense or third offense. The fines, license suspension, and jail time for a DWI can vary depending on the offense so we have listed the consequences below as follows:
- First DWI Offense: The license suspension is 3-12 months, fines and monetary assessments are $650-$900, state DMV surcharges are $1,000 a year for 3 years applies, 12 hours in the Intoxicated Resource Center (“IDRC”) is required and jail of up to 30 days can be imposed for a first offense.
- Second Offense DWI: Your license will be suspended for 2 years for a second offense, you must spend 2 to 90 days in jail, the ignition interlock is mandatory, the surcharge is the same as a first offense, and you must spend 48 hours in the IDRC.
- Third DWI Offense: The mandatory suspension period is 10 years, the surcharge is $1,500 a year for 3 years for a third offense, an ignition interlock is mandatory, and you must spend 180 days in jail if convicted.
Holmdel NJ Driving While Intoxicated Arrest
A large stretch of the Garden State Parkway runs through Holmdel Township and is patrolled by troopers from the Holmdel Station of Troop D. The combination of state police and Holmdel’s own police force results in issuance of an extreme high number of DWI and DUI summonses each year. The number of driving while intoxicated and driving under the influence of drugs and related charges of possession of marijuana, cocaine, heroin, prescription drugs, etc. that are filed in Holmdel Municipal Court ranks near the top in Monmouth County almost every year. In order to make a proper arrest, the police officer must have possessed a reasonable suspicion that you were intoxicated. The primary basis for making a determination as to whether you were under the influence of alcohol or drugs is a series of tests that are commonly referred to as Field Sobriety Tests. There are only four (4) tests that are valid in accordance with the standarized guidelines issued by the National Transportation Safety Administration: (1) the horizontal gaze nystagmus test; (2) the one leg stand; (3) the walk and turn test; and (4) the ABC’s test. While these tests might seem relative simply to administer, the truth is that there are limitations on when they may be used, they have very very specific instructions that must be given, and the scoring of “clues” is subject to significant misinterpretation. We know all of this because we happen to employ 5 of the approximately 15 attorneys in the state who are certiified in Standardized Field Sobriety Testing. The first issue in any Holmdel DWI case is whether or not there was a valid arrest (including stop) and we have unique qualities and experience to attack this issue.
Can the State Prove You Were Under the Influence? New Jersey does not allow any plea bargaining for DWI charges so it is essential to challenge the State’s evidence against you. While it may initially appear to some individuals that invalidating the issue of intoxication is rather far fetched, reality is that our lawyers succeed on this issue far more than you imagine. The reason for this stems from the fact that the scientific tests used to prove intoxication, including blood and breath testing, have many limitations. And our attorneys know them very well having served as prosecutors for many years, defended hundreds of individuals in Holmdel and elsewhere for decades, and also representing almost ten percent of the attorneys in the state certified in field sobriety testing. We also happen to own an Alcotest Breath machine which allows us special liberties that all but one other firm in the state possesses.
Penalties For a First Offense, Second Offense or Third Offense in Holmdel New Jersey
| 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 |
Holmdel DUI Attorneys
Whether you are charged with a first offense, second offense or even third offense (or subsequent), we are ready to get you through this difficult time. Our DUI attorneys have been appearing in Holmdel Municipal Court for decades with success. We even have Matt Dorry, who has served as prosecutor in the town in the past, on our staff. Matt and the other lawyers certainly have the knowledge and experience to see that the best result is reached in your case. An attorney is ready to assist you now and we can offer a free consultation with one of our experienced DWI attorneys when you call us at (732) 450-8300.
