DUI Defense Attorney in Hamilton, New Jersey
If you have been charged with a DWI in Hamilton, New Jersey is important that you not only know the penalties that you are facing up the but also the options that you may have. When it comes to driving while intoxicated charges in New Jersey, plea bargaining is prohibited. Meaning, that outside a bonafide legal defense, a Defendant accused of DWI / DUI in New Jersey will be convicted. Just to put that into perspective, DWI’s and possession of marijuana under 50 grams are the only two offenses in New Jersey where plea is prohibited. As you will see below, a conviction for a DWI / DUI or Refusal to Submit to a Breath Test will result in a mandatory license suspension for up to twelve months and that is just for a first time offender to. The penalties drastically increase for any second or subsequent conviction. For more information on the penalties, please see the chart below.
Speak to a Local DWI, DUI, Refusal to Submit Breath Sample Defense Attorney in Hamilton New Jersey Today
If you have been arrested and charged with driving under the influence in Hamilton, New Jersey then the attorneys at Keith Oliver Criminal Law can help. Hiring an experienced Hamilton DWI defense attorney can make a drastic difference when it comes to defending your case. Mr. Proetta, one of the founding partners, has obtained specialized DWI defense credentials over the years. These credentials give him a tremendous advantage when it comes to defending DUI charges in New Jersey. Those credentials include being certified as a Standardized Field Sobriety Testing Instructor and a certified Alcotest operator (Breathalyzer). These are the two key pieces of evidence that the prosecution uses in order to obtain a conviction. Without these pieces of evidence, a conviction is near impossible. If you have been charged with a DWI in Hamilton, New Jersey and would like to discuss your options with one of our attorneys then please contact us at (609) 789-0779. We are available around the clock to help assist in anyway possible. Now here is some key information on DUI charges in New Jersey.
What you Should Know About DWI Charges in Hamilton Township
Hamilton, New Jersey is one of the largest townships in all of Mercer County. It issues some of most DWI / DUI / Refusal to Submit to a Breath Test offenses in all of New Jersey, let alone Mercer County. Typically in an annual year, the Hamilton Township Police Department and the New Jersey State Police will issue around four hundred (400) DWI offenses. One of the main reasons for that is because major roadways like New Jersey Turnpike, Interstate 295, Interstate 195, Route 130, Route 206 and Route 33 that run right through it. If you have been summonsed to appear in the Hamilton Municipal Court to answer for a DWI offense, let the New Jersey DUI defense attorneys at Keith Oliver Criminal Law help.
Where Do I Go to Court for DWI in Hamilton Township?
Unlike most other states, DWI offenses are classified as traffic offenses. Therefore, anyone arrested and charged with DUI in Hamilton Township, whether by the local police department or the New Jersey State Police will be forced to litigate those charges in the Hamilton Municipal Court, which is located actually located in Trenton at 1270 Whitehorse Mercerville Road. With that being said, if the Defendant was also arrested for an indictable offense like possession of heroin, assault by auto, eluding or unlawful possession of a handgun, then the entire case, including the DWI must be transferred to the Mercer County Superior Court, which is located in Trenton at 400 South Warren Street.
Potential DWI Penalties if Convicted in Hamilton Township, NJ
1st Offense DWI: BAC Less than .10%
- 3 Month Ignition Interlock Device
- Fine up to $400
- 12-48 hours in the Intoxicated Drivers Resource Center
- Fees and Assessments totaling $325
- Insurance Surcharges for $1,000 a year for three years
1st Offense DWI: BAC Greater than .10%
- 7-12 Month Ignition Interlock Device;
- If BAC is .15% or Greater then a 4 – 6 Month Driver’s License Loss
- Fine up to $500
- 12-48 hours in the Intoxicated Drivers Resource Center
- 30 Days in the Mercer County Jail
- Fees and Assessments totaling $325
- $1,000 Insurance Surcharges for 3 years
2nd Offense DWI: BAC is Not Relevant
- 1 – 2 Year Driver’s License Loss;
- Fine up to $1,000
- 12-48 hours in the Intoxicated Drivers Resource Center
- Mandatory 48 hour jail sentence, which may be served in the Intoxicated Drivers Resource Center (IDRC) (Max Jail Sentence 90 days)
- Fees and Assessments totaling $325
- $1,000 Insurance Surcharges for 3 years
3rd Offense DWI: BAC is Not Relevant
- Mandatory 8 year Driver’s License Loss;
- Mandatory $1,000 fine
- Mandatory 180 days in the Mercer County Jail – 90 days may be served in an inpatient rehabilitation center.
- Fees and Assessments totaling $325
- $1,000 Insurance Surcharges for three years
DWI Offenses are Considered Traffic Offenses in NJ
Driving while intoxicated is classified as a traffic offense in New Jersey. Therefore, anyone convicted of DWI in New Jersey will not be scared with a permanent criminal record. With that being said, a DWI conviction will appear in an individual’s drivers abstract and unlike most criminal offenses, DWI convictions can never be expunged. They will remain on the individual’s driver abstract forever.
How can a DWI Attorney Help in Hamilton NJ
So as you can tell, New Jersey takes DWI / DUI / Refusal to Submit to a Breath Test charges very seriously. Although these offenses are traffic in nature, the underlying penalties, if convicted, are devastating. In addition, since these matters are technically considered traffic offenses, a Defendant does not have the right to a jury trial. That means that a Defendant is only entitled to a bench trial and thus the Judge is the trier of fact. If you or a loved one has been charged with a DWI in Hamilton, New Jersey, we can help. Since these offenses can not be plea bargained, it is crucial that you retain the services of an experienced Hamilton NJ DWI defense attorney who can challenge the evidence against you. Hiring an attorney who is familiar with the Hamilton Municipal Court is just as important as hiring an attorney who specializes in DWI defense. If you would like to schedule a free consultation today please contact us directly at (609) 789-0779.