TOP 10 MOST FAQs FOR NJ DUI OFFENSES
The Moriarty Law Firm has been winning NJ DWI cases for more than 40 years. As an NJ prosecutor and now founder of the Moriarty Law Firm, Charles Moriarty is only a few who can use the experience as a prosecutor to break up and lesson most of their clients’ DUI charges. Charles Moriarty is also continuously regarded as one of the most prominent criminal defense lawyers in NJ who specifically specializes in the NJ DWI defense. This experience combined with the Moriarty Law Firm’s certified expertise for DUI/DWI defense proves more beneficial for their clients when comparing other NJ law firms. This has proved over time to profoundly separate The Moriarty Law Firm regarding them in the highest most unique sought after NJ law firms.
1. What’s the difference between an NJ DWI and NJ DUI?
DWI (Driving While Intoxicated), and DUI (Driving Under The Influence) are used to refer to the same charge of unlawful operation of a motor vehicle in New Jersey.
2. What happens if I refuse breathalyzer for DUI in NJ?
The likely outcome of “what is going to happen to you” simply comes down to who is representing you. In NJ refusing a breathalyzer can carry some heavier consequences. This is why the individual’s choice of DUI attorney is most important as it will 100% affect the outcomes of charges. You need the best!
3. Can I “plea bargain” a DWI charge in New Jersey?
A plea bargain is an agreement in a case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge According to New Jersey Law, no plea agreements whatsoever are allowed in New Jersey DWI cases. That means that unlike other traffic offenses, or even criminal charges, the Prosecutor may not agree to reduce the DWI charge to a lesser charge.
4. Can or does a jury decide my New Jersey DUI court case?
Unfortunately, in New Jersey, there is no right to a Jury Trial for DWI charges. Trials are presided over by Municipal Court Judges who hear the evidence and decide both the factual disputes and legal issues.
5. How is NJ DWI classified? Is it classified a crime, misdemeanor, or a disorderly person offense?
A DUI in New Jersey is classified as a motor vehicle violation. The charge has been referred to as “quasi-criminal.” This is so because, despite the classification as a traffic offense, a defendant is entitled to the same protections.
6. How long will the process take?
Generally, DWI cases take a high 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 — however, it is impossible to predict how long each specific case will take to conclude.
7. If the police ask me to submit to a breath test, do I have to?
If the police ask me to submit to a breath test, do I have to? Yes, under New Jersey law N.J.S.A. 39:4-50.2, drivers consent to providing their breath samples to determine the content of alcohol in the driver’s blood.
8. If the court suspends my license, can I get a provisional or work license?
Another difficulty many clients face when charged with NJ DUI is “how am i gonna get to work if my license is suspended? Many states offer work licenses; these ensure DUI offender’s that even if convicted and licenses is suspended, they will still be able to drive to work and back. By not being something NJ courts grant DWI offenders, makes it even more imperative to specifically when it comes to DUI offense in NJ to have the best of the best NJ DUI Law Firms.
9. Am I facing DMV surcharges as a result of a DWI conviction in New Jersey?
Yes, for a first or second offense DWI, the surcharges are $1,000/year for three (3) years? For a third offense DWI, the surcharge is $1,500/year for three (3) years.
10. What to look for when hiring a DUI Lawyer in NJ?
Make sure and hire a criminal law firm with experience. Make sure they also specialize in DWI/DUI cases. Make sure they are certified. Make sure they are The Moriarty Law Firm.