DWI and DUI in Brick Township

Monday, January 30th, 2012 at 12:01 pm  

DWI and DUI (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

Monday, January 30th, 2012 at 12:01 pm  

Refusal Charges (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

Monday, January 30th, 2012 at 12:00 pm  

Underage DWI or DUI (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 Offenses in Brick Township

Monday, January 30th, 2012 at 11:59 am  

Disorderly Persons Offenses

Given the large population it is no surprise that an estimated 636 disorderly persons offenses were written in Brick Township in 2010 alone. Disorderly persons offenses are a general category of offenses less serious than indictable offenses of varying degrees and are commonly written by Brick Township Police. If you are convicted of a disorderly persons charge:

  • You can face a $1,000.00 fine.
  • Can be ordered to pay restitution.
  • Can be ordered to spend up to six months in jail.
  • Can be forced to pay other monetary fines and penalties.

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-892-9050.

Disorderly Conduct in Brick Township

Monday, January 30th, 2012 at 11:58 am  

Disorderly Conduct (N.J.S. 2C: 33-2)

Disorderly conduct is a disorderly persons offense that is written when a person is caught:

  • Fighting
  • Threatening
  • Engaging in violent or tumultuous behavior
  • Creating a hazardous or physically dangerous condition
  • Engaging in unreasonably loud, offensive or abusive language.

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-892-9050.

Simple Assault in Brick Township

Monday, January 30th, 2012 at 11:57 am  

Simple Assault (N.J.S. 2C: 12-1)

Simple assault may be written by Brick Township Police when a person:

  • Attempts to cause; or
  • Purposely, willingly, or knowingly causes bodily harm to another; or
  • If he/she negligently causes injury with a deadly weapon; or
  • Puts another person in fear of an imminent physical harm

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-892-9050.

Possession of Drugs in Brick Township

Monday, January 30th, 2012 at 11:56 am  

Possession of Drugs (N.J.S. 2C:35-10; and N.J.S. 2C:36-2)

Possession of illegal drugs and/or illegal drug paraphernalia is a common charge written by the Brick Township Police Department.

  • If found with less than 50 grams of marijuana or hashish, you will most likely be charged as a disorderly person.
  • Possessing over 50 grams can lead to indictable offenses of varying degrees.
  • Drug paraphernalia is classified as anything used to grow, distribute, or introduce an illegal drug into the body.
  • Being caught in possession of drug paraphernalia can lead to a disorderly persons charge

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-892-9050.

Criminal Mischief in Brick Township

Monday, January 30th, 2012 at 11:55 am  

Criminal Mischief (N.J.S. 2C: 17-3)

Criminal mischief is a disorderly persons offense simply defined as destruction of property under $500.00. A person can be charged with criminal mischief when:

  • He or she purposely or knowingly damages the tangible property of another person;
  • Recklessly or negligently causes property damage in the employment of a fire; or
  • A renter causes damage to the rental property in retaliation for eviction proceedings.

A conviction for criminal mischief can lead to the standard disorderly persons penalties including restitution for the value of the damage. However, as the cost of the damage increases over the $500.00 statutory limit, you could be charged with an indictable offense in the 3rd or 4th degree.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-892-9050.

Shoplifting in Brick Township

Monday, January 30th, 2012 at 11:54 am  

Shoplifting (N.J.S. 2C: 20-11)

Shoplifting is a serious offense in Brick Township and can be charged as either a criminal offense or disorderly persons offense depending on the severity of the theft. If you have carried merchandise out of store and the item’s full retail value is less than $200.00, you may be charged with a disorderly persons offense. As the item’s full retail value increases, so does the degree of the offense. It is important to realize that you can also be charged with shoplifting if:

  • You conceal the item on your person or otherwise with the intent to deprive the rightful owner of title to the item
  • You change the price tags to a lower price with the intent to deprive the merchant of the full retail value of the item.
  • Move items from one container to another with the intent to deprive the merchant the full retail value of the item.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-892-9050.

Trespassing in Brick Township

Monday, January 30th, 2012 at 11:53 am  

Trespassing (N.J.S. 2C: 18-3)

Trespass in Brick Township and all of New Jersey is broken into a few distinct sub categories. Perhaps the most common is defiant trespass. A person is a defiant trespasser if he or she had knowledge that entry to the land was prohibited. Notice or knowledge can be gained by actual communication to the actor, a sign or posting, or fence or enclosure. Violation of this statute in Brick Township will result in a petty disorderly persons offense. The actor will be liable for a crime in the fourth degree if he enters a structure or dwelling and remains and has notice that entry is prohibited. If you are charged with either a 4th degree crime or petty disorderly persons offense in Brick Township, there may be some affirmative defenses that an experienced lawyer can explain to you if they are available to you.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-892-9050.

 Page 1 of 2  1  2 »