Criminal Law
New Jersey municipalities prosecute a variety of traffic and other non-indictable offenses in municipal court. Unfortunately, there may be a time when you, a family member or friend will have to appear in municipal court to deal with such an offense. Our criminal defense attorneys at Kitrick, McWeeney & Wells, LLC, can protect your rights and help you obtain the best result possible. Our attorneys have extensive experience in the municipal courts and are familiar with the court procedures, particularly in municipalities located in Ocean County and Monmouth County.
Read more about criminal law and municipal law:
• Possession of Marijuana Under 50 grams/hashish under 5 grams
• Driving While Suspended
• Conditional Dismissal Program
A traffic ticket lawyer at our office can help you explore your options for seeking a resolution to your traffic and municipal law issues. Contact us by calling (732) 920-8383.
We provide effective representation of both adults and juveniles in all municipal court matters including:
- Drunk driving/DWI
- Drug possession
- Traffic tickets
- Reckless and careless driving
- License suspension and revocation
- Disorderly conduct and disorderly persons
- Non-indictable offenses
- Municipal ordinance violations
- Parking tickets
- Driving without insurance, license, registration or inspection
Criminal Law FAQ’s
Unfortunately, the answer is a conviction (or even a criminal charge that results in a finding of not guilty), stays on your criminal record forever. However, there is an exception. The only way to remove a criminal conviction from your record is to file an application for an expungement to the appropriate New Jersey court. An expungement comes with certain requirements, so it’s important to contact an experienced attorney to determine whether you may qualify for one. For example, in order to remove a conviction for an indictable criminal offense (crime) or disorderly person’s offense, you must wait at least five years from the date of your conviction before applying for an expungement. There are a number of crimes that cannot be expunged.
N.J.S.A. 39:4-50 Driving While Intoxicated
While every state deals with such cases differently, driving while intoxicated is against the law in New Jersey. A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence.
New Jersey’s implied consent law requires you to take a breath test after an arrest for DWI. If you refuse and are detained you’ll be subject to penalties. Blood alcohol concentration is measured through a breath test machine. BAC evidence is not necessarily required to prove a DWI in court as prosecutors may rely on police officer observations and a series of tests called Standardized Field Sobriety Testing (SFST).
N.J.S.A. 39:4-50 Driving Under the Influence
If you are pulled over for suspicion of a DUI violation, New Jersey law prohibits a driver from being under the influence of a substance if it impairs your ability to operate a motor vehicle. It doesn’t matter if that substance is a prescribed medicine – which is why certain medications include warning labels advising not to drive after consuming it. This means that you could be charged with a DUI (driving under the influence) of drugs and could face the same charges as a person who was driving under the influence of an illicit or illegal substance.
N.J.S.A. 39:4-50.14 Underage Driver Under the Influence
Requirements and penalties for drivers that are under the legal drinking age are even more strict. If a chemical test determines that a driver under 21 has a BAC of .01-.07% (any readable amount of alcohol), the driver can be charged with underage driving under the influence and lose his or her license for 30 to 90 days, among other penalties. Should the driver have blood alcohol content measuring .08% or more, he or she will face the same charges and penalties as a driver over the age of 21 under the DWI statute.
Being convicted of a DWI/DUI is a serious offense and it carries heavy penalties. Penalties for driving while intoxicated vary according to BAC level and how many times you’ve been convicted. New Jersey law permits the Judge to suspend your license (anywhere from 3 months to 10 years), charge thousands of dollars in fines, fees and surcharges, potentially require the installation of an ignition interlock device, mandate alcohol counseling, possible jail time and community service.
First Refusal in New Jersey
- Loss of license for up to 1 year
- Fine of up to $500.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
Second Refusal in New Jersey
- Loss of license for up to 2 years
- Fine of up to $1,000.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
Third Refusal in New Jersey
- Loss of license for up to 10 years
- Fine of $1,000.00
- Required to install an Ignition Interlock Device
- Program and fee requirements according to the IDRC
- Other fines and penalties
