Brick Township DWI Lawyer

If you have been charged with a DWI, DUI, refusal, or other serious motor vehicle violation, call the experienced New Jersey criminal defense attorneys of Villani & DeLuca, P.C. at 732-892-9050 for a free initial consultation. The law offices of Villani & DeLuca are located in Point Pleasant Beach, just 7 miles away from Brick Township Municipal Court.

Partner, Carmine R. Villani, Esq. has been a lifetime resident of Brick Township and is a former Municipal Prosecutor. Mr. Villani has been a practicing attorney since 1992 and has tremendous experience handling hundreds of DWI, DUI, and refusal cases as both a prosecutor and defense attorney. Mr. Villani served as a Municipal Prosecutor for both the Township of Colts Neck and for the Township of Keansburg. Mr. Villani gained experience on the defense side by serving as a Public Defender for Point Pleasant Beach, as well as the Conflict Public Defender for both Point Pleasant Beach and Brick Township. Mr. Villani is currently a Public Defender for Colts Neck and Bay Head.

In addition to courtroom experience, Mr. Villani holds the very important distinction of being trained by Draeger Safety Diagnostics to operate the Alcotest® 7110 MKIII-C, which replaces older, less reliable breathalyzers and is currently the only breath testing device in use by New Jersey police officers to determine the Blood Alcohol Content (BAC) of a suspected intoxicated motorist. Mr. Villani is one of a very few New Jersey attorneys trained by the manufacturer to operate the device as well as how to give a New Jersey specific breath test.

If you have been charged with a DWI, DUI, or refusal, call the experienced Brick DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

 

Associate, Timothy L. Horn, Esq., has been with Villani & DeLuca since 2002 and handles disorderly persons, DWI, DUI, motor vehicle violations, and personal injury cases. Mr. Horn has been a long-time resident of Brick Township. Prior to joining the New Jersey criminal law offices of Villani & DeLuca, Mr. Horn served as a Judicial Law Clerk to the Honorable Edward J. Turnbach, J.S.C. of the Superior Court of New Jersey in the Ocean County Criminal Division.

Both Mr. Villani and Mr. Horn graduated from Brick Township High School and both are familiar with the roadways, shopping plazas, bars, and restaurants where you might be pulled over for a DWI or DUI in Brick Township.

Brick Township, New Jersey is the second largest municipality in Ocean County and has over 75,000 year round residents. Brick Township is contained within 32 square miles of land and borders the Atlantic Ocean via three municipal beaches. Brick Township is a short drive away from Point Pleasant Borough, Point Pleasant Beach, Brielle, Manasquan, Belmar Wall Township, and Toms River and is accessible by the busy roads of Route 70, Route 88, Brick Boulevard, and a portion of the Garden State Parkway. Popular destinations within Brick Township are the reservoir, Marina Grille, Pilot House, various shopping plazas, and Ocean Ice Palace.  Since Brick Township sees a lot of traffic due to its close proximity to many popular beachfront communities, it is no surprise that it also sees a large number of DWI, DUI, and refusal charges written each year.  In 2010 alone, Brick Township saw 313 DWI, DUI, and refusal charges.

If you have been charged with a DWI, DUI, or refusal, call the experienced Brick DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

 

DWI and DUI in Brick Township (N.J.S. 39:4-50)

DWI, DUI, and refusal are serious charges and can have many life-altering consequences. While they are not criminal charges, the repercussions of DWI, DUI or refusal convictions can be just as burdensome. A DWI or DUI is written in Brick Township when a motorist operates a motor vehicle while an officer believes them to be under the influence of an intoxicating liquor, a narcotic, a habit forming drug (legal or illegal), or hallucinogenic. If a motorist is pulled over and is suspected of operating the motor vehicle while under the influence, he or she will be asked to submit to a breath test. If he or she consents, the Alcotest® 7110 MKIII-C will be used to determine their BAC. The new Alcotest® uses a sophisticated approach in measuring BAC by (1) infrared technology and (2) and electro chemical analysis. If the motorist blows a 0.08% BAC or above, he or she will be charged with a per se DWI or DUI. However, an individual can be charged with a DWI or DUI with a BAC reading lower than 0.08% if there is a combination of drugs and/or alcohol or if they appear to be intoxicated, despite the lower reading. Generally, the officer may testify that the individual slurred words, staggered, had glassy eyes, and fumbled while producing documentation. Readings below 0.08% with no drugs (legal or illegal) can be difficult for the state to prove but the facts of each individual case will generally dictate the outcome.

Contact the experienced DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

 

  • First  DWI Violation in Brick Township
    • If BAC is 0.08% or higher but less than 0.10%
  1. Loss of license for up to 3 Months
  2. Fine of up to $400.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Installation of Ignition Interlock Device (court discretion)
  6. Other fines and penalties
  • If BAC is 0.10% or higher but less than 0.15%
  1. Loss of License from 7 months to 1 year
  2. Fine of up to $500.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Installation of Ignition Interlock Device (court discretion)
  6. Other fines and penalties
  • If BAC is 0.15% or higher
  1. Loss of License from 7 months to 1 year
  2. Fine of up to $500.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Mandatory installation of Ignition Interlock Device
  6. Other fines and penalties
  • Second DWI Violation in Brick Township
  1. Loss of license for up to 2 years
  2. Fine of up to $1,000.00
  3. 30 days of community service
  4. Up to 90 days in jail
  5. Mandatory installation of an Ignition Interlock Device
  6. Other fines and penalties
  • Third or Subsequent DWI Violation in Brick Township
  1. Loss of license for up to 10 years
  2. Imprisonment of no less than 180 days
  3. Fine of $1,000.00
  4. Mandatory installation of Ignition Interlock Device
  5. Other fines and penalties

Contact the experienced DWI lawyers of Villani & DeLuca at 732-892-9050 for a free initial consultation today.

 

Refusal Charges in Brick, NJ (N.J.S. 39:4-50.2 and 39:4-50.49)

If you are pulled over in Brick Township and the State of New Jersey for a suspicion of DWI or DUI, there is a strict procedure that the police officer must follow in order to properly charge you with a refusal to submit to a chemical test in Brick Township. If he suspects you are under the influence of anything that might impair you, he must read you an approved standard statement of rights regarding your responsibilities to take the breath test or be charged with refusal. After the officer reads the lengthy document, he is then required to ask you if you will submit to a breath test. If you refuse this request with a clear answer you could be charged with a refusal. If the officer determines that your answer was ambiguous or anything other than a yes, the officer is then required to read an additional legal warning once again advising that you will be charged with a refusal if you do not agree to submit. If you do not heed this warning and continue to refuse, you will be charged with a refusal. A refusal charge can carry similar penalties to that of DWI or DUI charges. The major difference is that for any refusal charge (1st, 2nd, or 3rd) you will be forced to install an ignition interlock device in your vehicle so that you cannot operate your vehicle if there is any alcohol in your system. If the offense occurs in a designated school zone, the fines and penalties double and become more severe even if it occurs when there are no children around or there is no way children would possibly be there because of time of day or otherwise. Driving drunk in a school zone at 2:00 am can still result in a conviction under New Jersey law.

If you have been pulled over and have been written a DWI, DUI or refusal charge you must call the experienced New Jersey DWI attorneys of Villani & DeLuca for a free initial consultation.  Call Villani & DeLuca today at 732-892-9050. 

 

  • First Refusal in Brick Township
  1. Loss of license for up to 1 year
  2. Fine of up to $500.00
  3. Required to install an Ignition Interlock Device
  4. Must fulfill the program and fee requirements of the Intoxicated Driver Resource Center (IDRC)
  5. Other fines and penalties
  • Second Refusal in Brick Township
  1. Loss of license for up to 2 years
  2. Fine of up to $1,000.00
  3. Required to install an Ignition Interlock Device
  4. Must fulfill the program and fee requirements of the IDRC
  5. Other fines and penalties
  • Third Refusal in Brick Township
  1. Loss of license for up to 10 years
  2. Fine of $1,000.00
  3. Required to install an Ignition Interlock Device
  4. Must fulfill the program and fee requirements of the IDRC
  5. Other fines and penalties

 

Underage DWI or DUI in Brick Township (N.J.S. 39: 4-50.14)

A motorist who is under the legal drinking age of 21 can be charged with an underage DWI. If the underage motorist that is operating the vehicle has any alcohol in their system under a 0.08% BAC reading, he or she faces:

  1. Forfeiture of license for up to 90 days;
  2. Mandatory community service of up to 30 days; and
  3. Must satisfy the program and fee requirements of the Intoxicated Driver Resource Center (IDRC).

Call Villani & DeLuca for a free initial consultation 732-892-9050. 

 

Disorderly Persons and Motor Vehicle Violations in Brick Township

In addition to DWI, DUI, and refusal charges, the experienced New Jersey criminal defense lawyers of Villani & DeLuca often handle indictable offenses and disorderly persons offenses in New Jersey Superior Court and the municipal courts of Ocean County and Monmouth County.  These charges include: disorderly conduct, possession of illegal drugs and paraphernalia, simple assault, trespassing, shoplifting, and resisting arrest. An estimated 636 of these charges were written in Brick Township in 2010 alone, as well as an estimated 4,000 motor vehicle violations.

If you have been charged with an indictable offense, disorderly persons offense, or motor vehicle offense, the Brick criminal defense attorneys of Villani & DeLuca can help. Call 732-892-9050 for a free initial consultation.