If you are facing DWI/DUI charges in New Jersey, you will have to appear before a Municipal Court judge. In the Borough of Haddonfield, the Municipal Court is located at 606 West Nicholson Road in Audubon. An experienced New Jersey DWI attorney can represent you at your first appearance and a subsequent trial.
What Should I Expect at My First Court Appearance?
Your first court appearance on a New Jersey DWI charge will be the arraignment. This is typically scheduled a few days after your arrest. At the arraignment, the Municipal Court judge will ask you to enter a plea of guilty or not guilty to DWI any and other charges that have been filed.
Do I Need a Lawyer for My DUI/DWI Case?
You have the constitutional right to representation in any criminal matter, including a New Jersey DWI case. It is therefore in your best interest to hire an attorney before your arraignment.
What Happens If I Plead Guilty to a DUI/DWI Charge?
If you enter a guilty plea, the Municipal Court judge may sentence you right away or schedule a sentencing hearing for a later date.
What Happens If I Plead Not Guilty to a DUI/DWI Charge?
If you plead not guilty, then the judge will schedule a trial. Municipal Court cases are tried by a judge sitting without a jury. So the judge will hear any evidence presented by the prosecution and the defense and render a verdict.
What are the Potential Penalties for a DUI/DWI Conviction?
The penalties for a New Jersey DWI charge depend on the number of prior drunk driving convictions during their lifetime. For a first offense, the maximum possible sentence includes 30 days in jail, a fine of $250 to $400, and suspension of your driver’s license for 3 months. These penalties increase for second and subsequent convictions. You may also face additional penalties if there were certain aggravating factors, such as your blood-alcohol content was 0.10 percent or higher.
What Is a Plea Bargain and Should I Consider it?
A plea bargain is when a prosecutor agrees to a reduced charge in exchange for a defendant’s guilty plea and the judge’s approval. Unfortunately, New Jersey does not allow prosecutors to negotiate plea bargains in DWI cases.
Can I Get a DUI/DWI Charge Reduced or Dismissed?
While a prosecutor cannot negotiate a plea, it is possible to get the state or judge to dismiss a New Jersey DWI case if the evidence is weak or legally flawed. For example, if the police officer who arrested you for DUI lacked probable cause to stop you in the first place, that would render any evidence of drunk driving gathered during the stop inadmissible at trial.
What Is the Role of a DUI/DWI Lawyer in Court?
An experienced New Jersey DWI lawyer can look for potential flaws in the prosecution’s case as discussed above. And if you decide to go to trial, a lawyer can present your case to the judge and make the strongest possible argument for an acquittal or a reduced sentence if convicted.
New Jersey DWI lawyer Matthew V. Portella will be happy to sit down with you and review the charges against you. If you decide to hire him, he can advise you on the best possible DWI defense strategies in New Jersey. Contact his office today to schedule a confidential consultation.