New Jersey DWI Frequently Asked Questions
Greggory M. Marootian, Esq.
30 West Mount Pleasant Avenue, Suite 203
Livingston, New Jersey 07039
Tel (973) 994-3732
Fax (973) 994-2239
For more detailed information regarding New
Jersey DWI,
please visit our Website devoted to New Jersey DWI at www.njdwidefense.com
 | |
|
New Jersey DWI - FAQs regarding what to expect - from charge to trial |
NJDWI FAQs
1. How can I be convicted of DWI in New Jersey?
N.J.S.A. 39:4-50, the New
Jersey DWI Law, makes it unlawful to "operate a motor vehicle while under
the influence of intoxicating liquor . . .or . . . with a blood alcohol
concentration of .08% or more by weight of [blood] alcohol."
There are two prongs to New
Jersey DWI Law (i.e. a Defendant can be convicted in one of two ways); (A)
operating a motor vehicle while "under the influence
of intoxicating liquor", or (B) operating a motor vehicle with a
"blood alcohol concentration of .08% or more."
A. Under The Influence:
This is broadly defined as a Defendant who has consumed alcohol "to the
extent that his physical or mental faculties are deleteriously affected." State
v. Emery, 27 N.J. 348, 355 (1958). It has also been characterized as a
“substantial deterioration or diminution of the mental faculties or physical
capabilities of a person.” see State v. Tamburro, 68 N.J.
414, 421 (1975).
B. Blood Alcohol
Concentration of .08% or More: This is referred to as a “Per Se” Offense
– so-called because guilt is automatic (assuming the State can prove the
integrity of the reading and other elements) even if the alcohol did not affect
the person adversely.
The most common form of blood
alcohol concentration (BAC) evidence in New Jersey will be from the
“breathalyzer”, a light balancing device that converts breath alcohol into a
blood alcohol reading. New Jersey is currently updating their breath-testing
technology. The “breathalyzer” will eventually be phased out in New Jersey.
The new machine, the National Draeger “Alcotest 7110”, is a scientific
device that uses a duel-system - infrared analysis and electrochemical analysis
to measure BAC. The other type of BAC evidence will be in the form of a direct
blood draw – i.e. blood taken from a suspect at a hospital usually at the
request of police.
2. What are the penalties if I am convicted?
The penalties, set forth in
N.J.S.A. 39:4-50, vary depending on whether you have previously been convicted
of DWI and the proven BAC reading as follows:
A. FIRST OFFENSE – BAC OF
.08% AND UNDER .10% OR “UNDER THE INFLUENCE.”
FINE: $250.00 to $400.00.
INCARCERATION: "not less
than 12 hours nor more than 48 hours spent during two consecutive days of not
less than six hours each day and served . . . [at] the Intoxicated
Driver Resource Center . . . and, in the discretion of the Court, a term of
imprisonment of not more than 30 days."
LOSS OF LICENSE: Three Months.
NEW JERSEY DMV SURCHARGE: $1,000
per year for three years.
OTHER FINES & COSTS:
$200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund,
$75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00
Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for
out-patient counseling as referred by the IDRC), and up to $33.00 in Court
Costs.
B. FIRST OFFENSE – BAC OF
.10% OR MORE OR UNDER THE INFLUENCE OF DRUGS.
FINE: $300.00 to $500.00.
INCARCERATION: "not less
than 12 hours nor more than 48 hours spent during two consecutive days of not
less than six hours each day and served . . . [at] the Intoxicated
Driver Resource Center . . . and, in the discretion of the Court, a term of
imprisonment of not more than 30 days."
LOSS OF LICENSE: Seven Months to One Year.
IGNITION INTERLOCK DEVICE: In
the Court’s discretion, six months to one year following restoration. This is
a device installed on a car that prevents operation if, when blown into,
registers a predetermined blood alcohol concentration.
OTHER FINES & COSTS:
$200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund,
$75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00
Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for
out-patient counseling as referred by the IDRC), and up to $33.00 in Court
Costs.
B. SECOND OFFENSE:
FINE: $500.00 to $1,000.
COMMUNITY SERVICE: 30 Days.
INCARCERATION:
"imprisonment for a term of not less than 48 consecutive hours,
which shall not be suspended
or served on probation, nor more than 90 days . . ."
LOSS OF LICENSE: Two Years.
NEW JERSEY DMV SURCHARGE:
$1,000 per year for three years.
IGNITION INTERLOCK DEVICE: In
the Court’s discretion, for one to three years following restoration. This is
a device installed on a car that prevents operation if, when blown into,
registers a predetermined blood alcohol concentration.
REVOCATION OF REGISTRATION:
For two years. The Court must either revoke the registration certificates or
require the installation of an Interlock Device (above).
OTHER FINES & COSTS:
$200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund,
$75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00
Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for
out-patient counseling as referred by the IDRC), and up to $33.00 in Court
Costs.
C. THIRD OFFENSE:
FINE: $1,000.
INCARCERATION:
"imprisonment for a term of not less than 180 days . . ."
LOSS OF LICENSE: Ten Years.
NEW JERSEY DMV SURCHARGE:
$1,000.00 per year for three years unless the conviction happened within three
years of the last one in which case the surcharge is $1,500.00 per year for
three years.
IGNITION INTERLOCK DEVICE: In
the Court’s discretion, for one to three years following restoration. This is
a device installed on a car that prevents operation if, when blown into,
registers a predetermined blood alcohol concentration.
REVOCATION OF REGISTRATION:
For ten years. The Court must either revoke the registration certificates or
require the installation of an Interlock Device (above).
OTHER FINES & COSTS:
$200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund,
$75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00
Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for
out-patient counseling as referred by the IDRC), and up to $33.00 in Court
Costs.
3. Can I obtain a conditional driver's license to go to and from work if
I am convicted?
No. This is probably the most
common question I am asked. The revocation of your driver's license in New
Jersey is mandatory for the prescribed period(s). There are no exceptions in New
Jersey Law – there is no conditional driver's license for work or otherwise.
4. What will happen to my insurance coverage and rates if I am
convicted?
A New Jersey DWI conviction
(or an out-of-state conviction for a substantially similar Drunk-Driving offense)
permits insurance carriers to refuse to renew or issue automobile insurance
coverage. Insurance is made available through the “assigned risk” (i.e.
high-risk) plan known as NJ P.A.I.P. (New Jersey Personal Automobile Insurance
Plan). Rates will increase dramatically for about three years.
5. Are there any defenses to a New Jersey DWI charge?
Yes. A DWI charge is not
tantamount to a conviction even in cases where the police claim a high BAC
reading. At the outset, it is important to remember the old adage:
"innocent until proven guilty." The State (i.e., the Prosecutor
through their witnesses) has a constitutional burden to prove guilt beyond a
reasonable doubt.
Since New Jersey Law provides
that a .08% blood alcohol reading alone is sufficient to sustain a conviction,
any defense where such a reading is alleged usually will focus on the
reliability and validity of the reading(s) (i.e., was the breath machine
operated properly, and was the machine operating properly). If the machine was
either not operating properly, or was not operated properly by a qualified
technician, the test results can be excluded from evidence.
Because my practice is
concentrated on DWI Defense (I do not handle wills, personal injury cases, real
estate, murder cases, etc.), I probably take more DWI cases to trial in one year
than most lawyers in New Jersey try in their career(s). I own my own
breathalyzer machine and have received training in the both the breathalyzer and
Alcotest 7110. You cannot assume that a police-claim regarding a reading is
legally accurate. Through careful analysis, the use of expert-testimony, and
effective cross-examination, a successful challenge to a BAC reading is
possible.
Interestingly, a New Jersey
Appeals Court found that a breath reading .01% over the legal limit (in the case
a .11%) might not constitute a “per se” finding of guilt. see
State v. Slinger, 281 N.J. Super. 538 (App. Div. 1995). At that time,
the “per se” limit (the so-called “legal limit”) was .10% - lowered on
January 20, 2004 to .08%. However, the same reasoning espoused in the case
applies to the reduced standard. The
Court in State v. Slinger
concluded that the breathalyzer machine most commonly used in New Jersey
generally might have "an error of plus .015 percent."
While the State has tightened
up their procedures because of this ruling, there is still defense validity to
the issue(s) raised in the Slinger
case. Of course, this is only one defense area to review – careful analysis of
the entire case is required to thoroughly assess the State’s BAC case.
Each case has to be carefully
and thoroughly analyzed and assessed by experienced and competent counsel and
expert consultants in the field of breath testing to screen for possible
deficiencies in the operation of the breath-testing machine and the reliability
of the reading(s).
Assuming that the breath test
results can be excluded or compromised, the State can try to hinge a conviction
on what is commonly called "observation" evidence (that you were
"under the influence"). The Police Officer(s) will generally testify
regarding observations both before and after your arrest (e.g., your driving
pattern, flushed face, bloodshot eyes, slurred speech, odor of alcoholic
beverage on breath, unsteady balance, etc.). The Officer(s) will also testify
regarding your performance on Field-Sobriety-Tests (FSTs) (e.g., heel to toe,
finger to nose, one leg stand, recitation of the alphabet, etc.).
The observations and poor
performance on the FSTs can be caused by factors having nothing to do with the
consumption of alcohol. Further, the National Highway Traffic and Safety
Administration (NHTSA) recognizes only three Field Sobriety Tests as reliable
scientific indicia of intoxication, and only when these three (3) tests are
properly administered and interpreted. The battery of three tests is referred to
as “Standardized Field Sobriety Tests” (SFSTs) – (1) One-Leg-Stand, (2)
Walk-And-Turn, and (3) Horizontal Gaze Nystagmus. See
Article: Standardized Field Sobriety Testing.
Like the breath testing, the
observation evidence must be carefully and thoroughly analyzed and assessed to
screen for deficiencies and prepare the case for trial. I have been through the
same detailed training that New Jersey Police receive in DWI Detection and
Standardized Field Sobriety Testing. I have personally administered field tests
to sober and intoxicated people and am familiar with the detailed training
manual(s) published by the Federal Government and used for training. On this
defense front, being intimately familiar with these tests is the only way to
effectively cross-examine the police officers who administered the tests.
There are other areas to be
explored in properly and thoroughly defending a DWI charge that are beyond the
scope of this web page (e.g., Did the police have legal cause to pull the
vehicle over and to make the arrest?, Are any statements subject to suppression
because Miranda warnings were not issued?, just to name a few).
6. Is there a difference between DWI and DUI in New Jersey?
No. DWI is an acronym for
Driving While Intoxicated. DUI is an acronym for Driving Under The Influence.
Both terms are used to refer to the charge in New Jersey – however, the law
makes no distinction between a DWI and a DUI.
7. What if I have been charged with Driving While Intoxicated not by
alcohol, but by drugs?
N.J.S.A. 39:4-50 (the same
law that relates to alcohol-related driving offenses) makes it unlawful to
"operate a motor vehicle while under the influence of … narcotic,
hallucinogenic or habit producing drug." The penalties, if convicted, are
the same as if you were convicted of an alcohol-related DWI with a BAC over .10%
(First Offense = 7 month revocation, Etc., Etc.).
In order to convict, the
State must prove (1) the presence of drugs (which will be usually be in the form
of blood or urine evidence), and (2) observations of drug intoxication by a
qualified police officer who has specialized Drug Recognition Expert (DRE)
training. A common mistake made by defense counsel is to equate a positive
specimen result with guilt. Many drugs can be present in the blood and urine
long after their affects are gone (some for days and weeks after). Further,
without qualified testimony from a DRE trained officer, the State's case will
often fail because of this legal deficiency.
A thorough and effective
defense of the so-called “drugged-driving” charge will usually entail the
use of outside Drug Recognition Experts and/or Scientists.
I work routinely with whom I regard as the best experts in the field in
reviewing the State’s evidence in drugged-driving cases. I have been to DWI
seminars taught by Drug Recognition Experts and have the DRE Training Materials.
Guilt can never be assumed in these cases even if the evidence appears strong
and there is positive specimen evidence. Through careful review and the use of
the proper outside experts, the drugged-driving case can be successfully
defended.
8. What are my chances of winning a DWI case?
There is simply no way of
placing numerical odds of success on any case; including a DWI charge. Further,
it is clear that New Jersey's firm public policy stance against DWI makes the
defense of this charge a challenge even for an experienced, competent and
aggressive defense attorney. The only guarantee any qualified, ethical and
competent attorney can offer is to aggressively prepare your case, and carefully
and thoroughly look for available defenses.
I am frequently asked by
people who call me what my success rate is – like my “batting average.” I
have been a lawyer since 1991. I have never compiled all of my cases – one day
when I get the time and motivation to dig through all of my files, I might
publish every case I have handled. So, without knowing an exact figure, I am
reluctant to tout a success rate. I just do not want to give out a figure that
is not accurate.
9. Can I "plea bargain" a New Jersey DWI charge?
The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements whatsoever are allowed in New Jersey DWI cases. A DWI charge is not like a minor moving violation that is often “plea-bargained” down to a lesser charge by most prosecutors.
In some cases, a Prosecutor may however, dismiss a DWI charge where the State is convinced they will not be able to prove the charge beyond a reasonable doubt. When a Prosecutor believes that he cannot convict, he is duty-bound ethically to dismiss the charge or reduce it to one that conforms to the evidence. I have defended many cases where the Prosecutor has conceded that the he could not prove the DWI beyond a reasonable doubt. In those cases, the DWI has either been dismissed or amended to a charge that conforms to the proofs (such as careless driving or reckless driving). This is however, distinguishable from a “plea-bargain.”
10. Will my case be decided by a jury?
No. There is no right to a
Jury Trial for DWI offenses. Trials are presided over by Municipal Court Judges
who hear the evidence and decide both the factual disputes and legal issues.
11. What if I refused to give samples of my breath?
Refusing to provide samples
of your breath is a separate offense (N.J.S.A.39:4-50.4a)
that subjects you to penalties as follows:
1ST OFFENSE: 7-month to
1-year loss of license, $300.00 - $500.00 fine, $1,000.00 yearly surcharge for
three years, and referral to the Intoxicated Driver's Resource Center.
2ND OFFENSE: 2 years loss of
license, $500.00 to $1,000.00 fine, $1,000.00 yearly surcharge for three years,
and referral to the Intoxicated Driver's Resource Center.
3RD OFFENSE: 10 years loss of
license, $1,000.00 fine, $1,000.00 yearly surcharge for three years (unless
there is a prior conviction within three years in which case, the surcharge is
$1,500.00 per year) and referral to the Intoxicated Driver's Resource Center.
OTHER FINES & COSTS:
$200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund,
$75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00
Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for
out-patient counseling as referred by the IDRC), and up to $33.00 in Court
Costs. Insurance can be canceled
forcing coverage through he assigned-risk plan – increasing rates for about
three years.
The penalties are in addition
to and consecutive to any penalties imposed for the underlying drunk driving
offense. And, a prior DWI conviction in New Jersey or in another State counts as
a prior for the Refusal Law(s). This means that if you have a prior DWI or
Refusal conviction, it will count to enhance your sentencing exposure.
12. What if my "rights" were not read?
This is a common question.
Police do not have to advise you of your "Miranda" Rights (including
your right to remain silent) during roadside interrogation (unless the
interrogation takes longer than is necessary and turns into a “de facto”
arrest). Being taken into custody is generally what triggers Miranda warnings to
be given.
If your rights were not read
and they should have been, your case will not magically be dismissed on a
so-called "technicality." The utility of a Miranda warning failure in
a defense arsenal is that any statements you made may be subject to being
suppressed (i.e., excluded).
13. If I have an out-of-state DWI conviction, will it count in New
Jersey as a prior offense?
An out of state conviction
for a DWI law of a “substantially similar” nature will constitute a prior
offense in New Jersey. It is, however, possible to exclude the out of state
conviction by proof that the conviction was based solely upon a violation of a
proscribed BAC of less than .08%.
14. What if I am licensed in another State and am found guilty of DWI in
New Jersey?
New Jersey Courts only have
jurisdiction (i.e., authority) over your driving privileges in New Jersey. A New
Jersey DWI conviction will usually be shared with the State where you are
licensed. Thereafter, that State generally can take action against your driving
privileges there – independent of what happens in New Jersey.
15. What will happen if I am convicted of DWI or Refusal to Submit, lose
my license, and drive during the period of suspension?
If you are caught driving and
convicted, the Court must (1) fine you $500.00, (2) suspend your driving
privileges for one to two years, and (3) order your imprisonment in the county
jail for 10 to 90 days.
16. Is a New Jersey DWI conviction a crime?
No – it is a motor vehicle
violation. This is a very common question – I am asked this question at least
once a week. In New Jersey, DWI is classified as a motor vehicle violation –
even though most clients feel like criminals after being arrested (even by the
most professional and courteous police officers). Some law in New Jersey refers
to a NJ DWI as a “quasi-criminal” offense – however, that classification
has to be read in context. The charge is “quasi-criminal” to the extent that
a DWI-Defendant is entitled to the same constitutional safeguards that
Defendants facing crimes have. DWI in NJ is a motor vehicle violation, not a
crime.
17. Should I hire an attorney?
DWI in New Jersey is
extremely complex and a conviction carries with it very harsh consequences.
There are no guarantees that an attorney, even if qualified and experienced,
will be able to successfully defend you. However, a qualified and experienced
attorney can carefully review your case for defects, request and compel
discovery of breath machine records and relevant police records and reports from
the Police and Prosecution, consult with and retain expert witnesses, and
prepare your case for trial.
Be apprehensive of counsel that a DWI case cannot be won. That pessimistic attitude is generally borne from the lack of knowledge of the intricacies of DWI law, and the lack of experience trying (and winning) DWI cases. You should, likewise, be suspicious of counsel that paints too "rosy a picture" since that attorney may be motivated by his interests and not yours.
If you choose an attorney, you
should choose one who is qualified and experienced (including DWI trials) in
this very complex area of law, who keeps abreast of the laws relating to DWI,
and one who is going to thoroughly and diligently review and prepare your case
to the end that you obtain the best and most aggressive possible defense.
You should also look for a
lawyer who is passionate and committed to his profession, not one who views your
case as part of being on the proverbial “grind-stone.” There is no
substitute for passion and commitment in any profession or trade – these
motivating qualities lead to a quest for excellence.
NJ DWI: WHAT TO EXPECT - FROM CHARGE TO TRIAL
This
FAQ section was prepared for my clients – but, anyone is obviously welcome to
review and use it for their own personal purpose(s).
1. I have pleaded Not Guilty - will the Court hold this against me?
No - the Court cannot hold
your not guilty plea against you. Judges are well aware that our system requires
the State to prove guilt beyond a reasonable doubt. A Court that holds a not
guilty plea against a Defendant is taking a rare and constitutionally improper
position. You can always change your plea as the case progresses – if that is
advisable.
Further, a Defendant who
chooses to go to trial cannot be given a harsher sentence than he would have
received had he plead guilty. There is substantial law premised on
Constitutional protections that prohibits a Court from giving a Defendant what
is sometimes called a “trial-tax” with a harsher sentence. Brash Courts that
threaten to treat a Defendant harshly if he exercises his constitutional right
to go to trial sometimes bully timid lawyers. However, a Court that seeks to act
in a manner that contradicts a client’s constitutional rights will rarely
intimidate a knowledgeable and determined defense lawyer.
2. How long will the process take?
It is impossible to predict.
However, generally, these cases take preference in the system. A New Jersey
guideline seeks to have DWI cases resolved within sixty days from the issuance
of the ticket. It is not uncommon that contested cases (i.e. those that are not
simply guilty pleas) will take longer than sixty days to resolve - sometimes
ninety days or so. However, gauging the ultimate length of time it will take for
your case to be concluded is hard to pinpoint.
3. What is the process?
The process begins with not
guilty pleas being entered at or before your “arraignment.” An arraignment
is a formal process whereby the Judge will advise you of the charges against
you, tell you the penalties, and explain your rights, including your right to
counsel and to remain silent. The arraignment date is the date on your tickets
near the “appearance required” box. The arraignment is commonly referred to
as a “first appearance.”
Not Guilty Pleas can be
entered if your retained lawyer submits a letter to the Court known as a
“letter of representation.” That letter tells the Court that you have hired
counsel, are aware of charges and want to enter not guilty pleas without having
to be present. Many times, since the arraignment is scheduled soon after an
arrest, Counsel will have to fax the letter to the Court – sometimes even a
few days before the scheduled arraignment date. Fax numbers to Courts are
readily available to Counsel through a commonly used book - called the
“Lawyer’s Diary & Manual”, a staple to any lawyer’s library. Most
Courts, upon receiving the letter, will waive the Defendant’s appearance (i.e.
not require an appearance), a process permitted by New Jersey Law.
At the outset, remember that
the State has the ultimate burden of proving your guilt beyond a reasonable
doubt - this burden can never be shifted to the defense. The State (represented
by the Municipal Court Prosecutor) is obliged to turn over relevant materials in
their possession. This includes generally reports and records generated in
connection with your arrest, videotapes, names of witnesses, statements, and any
material which might be exculpatory in nature (i.e. evidence which may tend to
disprove the State’s case). A
request will be made to the Prosecutor, simultaneous with the entry of your Not
Guilty Pleas, to turn this information, referred to as “discovery”, over to
the defense.
If the State fails to comply
with their disclosure obligations, they have not only violated the law, but
have, moreover, deprived the defense an opportunity to review the charge(s) and
potentially violated a Defendant’s rights to constitutional “due process”
(“due process” is “fundamental fairness”). The defense remedy is
dismissal or more likely, a Court Order compelling the State to adhere to their
obligations. It is not uncommon for the State to delay in responding to
discovery demands - you should not be alarmed if the request is not responded to
promptly. Remember, it is not the obligation of the Defense to chase down
discovery - it is the obligation of the State to supply it.
After full and complete
disclosure by the State, the defense can then better assess and analyze the
State’s case – remember the State has the burden to prove their case. This
entails a careful review of the materials, and referral of those materials to
outside “experts.” Experts are usually non-lawyers who have specialized
knowledge or expertise. Possible defense “experts” include scientists,
medical doctors, and breath testing and field sobriety testing experts. If
warranted, these experts will be retained, their reports or a summary of their
testimony supplied to the State, and the matter then scheduled for trial.
4. What can I expect at trial - am I required to testify?
A Defendant has a
constitutional right not to testify against himself. Accordingly, the State
cannot compel a Defendant to answer any questions at trial. Ultimately, a
decision to testify must be made at the time the State’s case is presented -
however, as a rule, unless a Defendant’s testimony is absolutely necessary, my
recommendation will be that my client not testify. Of course, a Defendant has an
absolute right to testify (even if I recommend against it). If a Defendant
insists on testifying, I must and will allow it. Remember, the State has the
burden of proof beyond a reasonable doubt - a Defendant is not obliged to
provide a “defense”, the State must prove the charge(s).
Since the State has the
burden to prove their case, trial will proceed with the State calling their
witnesses to give testimony under oath. The Defense then has an opportunity to
“cross examine” the State’s witnesses. When the State finishes their case,
the Defense has an opportunity to present their own witnesses. The State has a
similar opportunity to “cross examine” the defense witnesses.
When all of the testimony is
concluded, the Court hears “closing arguments”, also called “summation.”
This is generally arguments by Defense Counsel as to why the State has not
proven their case, and arguments from the Prosecutor as to why the State has
proven their case. The Court is then obliged to make findings of fact and law
and make a ruling. This is usually done on the day of trial but sometimes, the
Court will “reserve decision”, review notes and law, and reschedule the case
for their ruling.
5. If I lose, will the Court take my license that day?
Yes, if you are found guilty,
the Court will immediately revoke your license (if you are licensed in NJ - if
not, then your NJ driving privileges will be revoked). They will also take your
physical license (if it is a NJ license). The Court is obliged to send your
license to New Jersey Motor Vehicle Commission (NJMVC) where it is actually
destroyed - at the end of the period of revocation, you will have to pay a
restoration fee, and get your license reissued.
Most Courts will issue a
temporary license for a few hours to permit a Defendant to drive home and to
otherwise gather his affairs. If there is an appeal of the Court’s decision,
most Courts will “stay” the sentence until the appeal is heard - this means
that you will usually be allowed to drive until your appeal is heard in a higher
court.
6. Will I be required to pay the fines the day of trial?
While some Courts allow a
Defendant time to pay the fines and costs over time (with the execution of what
is called a “time payment order”), many Courts require payment of fines and
costs the day of Court. Therefore, you should be prepared to pay the fines and
costs the day of Court. Some Courts now accept credit card payments - however,
you should check with the Court in advance to see whether they do. If you are
not sure, bring a check or cash to Court.
7. What should I wear – Are there any rules of decorum?
You should wear clothing that
shows deference and respect for the Court. For men, this means either a suit and
tie, or at the very least dress pants, and a jacket. For women, this means
something neat and conservative. Do not wear jeans, shorts, or sneakers.
As for etiquette, if the
Judge addresses you, you must stand. You should address the Judge as Your Honor,
Sir or Mam. You should also show respect to the Court Staff.
8. Will we need to meet before the Trial?
Not necessarily. If I have
any questions that need clarification, I will generally contact you before trial
by phone, or will firm up the issues immediately before trial.
9. Do I need to arrive at the time noted in the Court’s notice?
Yes - however, it is not
uncommon for Counsel to be in other Courts. Very often, Counsel gets held up in
other Courts - all Courts are aware that this occurs. For this reason, the Court
Rules require attorney cases to be heard first (to allow Counsel to go to other
Courts). If Counsel is running late (and again, this is not uncommon), he will
notify the Court.
10. I am nervous and depressed - what should I do?
The process is intimidating
and nerve provoking. Part of what makes it so stressful is that you are not in
control - you are not alone or unique. I recently experienced a “computer
crash” well beyond my skills to remedy. I contacted an experienced and
competent computer professional who had me up and running in short order - what
was the most stressful for me was not knowing what he knew and what he did every
day. Leaving my problem in the hands of a professional calmed but did not
eliminate my nerves. So - defending
DWI charges is what I do every day - while I empathize with your fears and
probably cannot completely calm you, I hope that you will be comforted in some
way with the fact that I am a committed and experienced advocate whose goal is
to protect you in the process. I would invite you to read an article I wrote
recently on the issue of “Stress”
And The DWI Charge. If you are feeling stress (a synonym for fear and
uncertainty), I hope it helps.
Many clients, who are
otherwise law-abiding, find themselves entangled in a DWI charge - you are not
alone. I read statistics showing that there are about 30,000 DWI charges filed
every year in New Jersey. I represent highly successful, intelligent, and
morally upright people - I have represented Doctors, Lawyers, and leaders of
commerce.
It is sad for me to see
clients facing a DWI charge spiral into psychological decline, and I see this
daily. For many clients, a DWI charge causes anxiety, shame and depression. Some
clients were suffering emotionally before the charge – the charge now fuels
their suffering. Some clients suffer from a host of emotional ailments,
including the devastating disease and grip of alcoholism.
I have even had clients sadly
commit suicide. If you are depressed, overwhelmed, or having uncontrollable
anxiety, I would suggest that you should seek out professional mental health
guidance. I say this because I sincerely hope that my clients who are suffering
get to brighter times. Professional emotional guidance will help your mental and
spiritual health.
If you have any questions,
you are welcome to call me:
Office: 1-973-994-3732
Cell: 1-201-404-8990
Toll Free: 1-888-dwi-dwi1 (1-888-394-3941)
Toll Free: 1-800-905-2111
Home Office: 1-973-228-5586
Call on New Jersey DWI lawyer, Greggory M. Marootian when you need experienced professionals to give you the facts, and restore your integrity.
© Copyright 1998: Any reproduction of all or part of this
document without prior permission of Greggory M. Marootian, Esq. is expressly
prohibited.
1998 Greggory M. Marootian, Esq. all
rights reserved. The foregoing is provided for informational purposes only
and not as legal advice. Any questions about the law or your rights and
obligations should be reviewed by legal counsel engaged by you and provided with
your specific fact situation.
Marootian Home | NJLawsite Home | Essex County