New Jersey Criminal Defense Attorney Blog

Freehold Drug Arrest Lawyer

A Freehold drug charge can change your life. Convictions of drug charges in New Jersey carry harsh consequences. These include jail, probation, fines, and driver's license suspension. There are defenses to drug charges in New Jersey. If you have been charged with a drug offense in Freehold, call now to speak to a NJ drug charge lawyer.

Freehold Drug Charges

Freehold is the law enforcement center of Monmouth County. Freehold is small borough surrounded by Freehold Township. Despite its small size, Freehold is home to both the Monmouth County Prosecutors Office and the Monmouth County Sheriff's Department. The Freehold Township and Freehold Borough Police have jurisdiction over their respective township and borough.

Most drug charges in Freehold are for marijuana possession. Possession of marijuana is charged differently depending on the amount, the location, and the intent of the possessor. Possession of less than 50 grams of marijuana in Freehold is a disorderly persons offense. The charge is in violation of NJSA 2C:35-10(a)4. It is very common for this charge to be accompanied by a charge of possession of drug paraphernalia.

Possession of drug paraphernalia is a charge commonly made along with possession of marijuana, cocaine and oxycontin. Cocaine, and sometimes oxycontin, can be snorted through straws and rolled up dollar bills. If police stop your car and observe a rolled up dollar bill in your console, this can be indicative of drug activity. Crack pipes and syringes are also classified as drug paraphernalia. I have even had cases where something as innocuous as a pen was charged as drug paraphernalia.

Possession of drug paraphernalia is a common charge in Freehold. The charge is governed by NJSA 2C:36. Possession of drug paraphernalia is punishable by up to 6 months jail and a $1,000 fine.

Possession of 50 grams of marijuana is a crime of the 4th degree. A fourth degree crime in New Jersey is punishable by up to 18 months in prison. If your jail sentence is more than 364 days, you cannot serve it in the Monmouth County jail but must be sent to a New Jersey State Prison.

Possession of prescription pills, cocaine or heroin in Freehold are crimes of the third degree. Crimes of the 3rd degree in New Jersey are punishable by up to 5 years in prison. For all drug convictions in New Jersey, there is a minimum 6 month driver's license suspension. This applies for both adult and juvenile drug charges.

Freehold Criminal Court

In addition to the drug arrests that are made in Freehold Township and Freehold Borough, the Superior Court for Monmouth County is located in downtown Freehold. Therefore, all indictable drug charges that are filed by police in Monmouth County are prosecuted in Freehold. Some drug charges are not sent to the Superior Court but handled at the local municipal court level.

The Freehold Township Municipal Court has jurisdiction over disorderly persons drug offenses in the township. The Freehold Borough Municipal Court has jurisdiction over the same offenses that are committed in the Borough. If you are facing a drug charge in Freehold, call now to speak with a criminal defense attorney. My main office is in Freehold, and I regularly appear in all Freehold criminal courts.

Anyone arrested for a drug charge in Eatontown will be processed by Eatontown police. Eatontown police officers can either release you on a summons are have you sent to the Monmouth County jail in lieu of bail. If you are facing an Eatontown drug charge, call to speak with Monmouth County criminal lawyer.

Eatontown sees a lot of drug arrests. This is due to the many busy roads and highways that lead through the town. Most Eatontown drug arrests after traffic stops on Route 18, Route 537, Route 35 and Route 36. Most Eatontown drug arrests are for marijuana possession. Marijuana is not only an extremely popular and readily available drug, but its odor makes it an easy target for police officers.

Eatontown police are well-trained to detect the smell of both raw and burnt marijuana. Traffic stops easily escalate into police searches after police detect the smell of marijuana. This may be used to establish what is known as probable cause. Other factors that can be used to establish probable cause are the demeanor of the suspect and whether they appear to be under the influence of marijuana.

The judge in the Eatontown Municipal Court is the Honorable Mark T. Apostolou, J.M.C. If you are charged with possession of less than fifty grams of marijuana or drug paraphernalia, you case will be heard in the Municipal Court in Eatontown. Most other drug offenses will be transferred to the Monmouth County Prosecutor's Office. All juvenile drug charges in Eatontown will be sent to the Prosecutor's Office.

Eatontown is located in central Monmouth County, New Jersey. The town is bordered by Tinton Falls, West Long Branch, Oakhurst, and Shrewsbury.

Marlboro Police make a surprising number of criminal arrests. Most of the criminal arrests in Marlboro are for shoplifting and marijuana possession. I have represented clients for both these charges in the Marlboro Court. A significant amount of the criminal charges in Marlboro are also domestic violence related.

Either a police officer or a private citizen can file a criminal complaint in the Marlboro Township Court. The Marlboro Municipal Court has jurisdiction over most of these charges. If the charge is an indictable crime (felony), it will be sent to the Monmouth County Prosecutor's Office for review.

In the meantime, you will be scheduled for a first appearance in the Marlboro Municipal Court. The court is located at 1979 Township Drive, Marlboro, New Jersey. The court is very close to Manalapan Township, which has its own municipal court only minutes away. Marlboro lies at the intersection of several important roads. These include Route 9, Route 18 and Route 520. Arrests for marijuana possession and drug paraphernalia are common after routine traffic stops on these roads.

This is known as the "complaint stage." During this process, the intake unit will screen the complaints and any available evidence to determine whether they are going to keep the case. In some cases, the prosecutor's office decides that there is insufficient evidence or that the allegations are too minor to warrant their involvement. In these cases, the Monmouth County Prosecutor's Office will usually downgrade the indictable charges and return the complaints to the Marlboro Municipal Court as disorderly persons offenses.

In other states, disorderly persons offenses are called misdemeanors. In New Jersey, we have a distinction between disorderly persons and petty disorderly persons offenses. Common disorderly persons offenses in Marlboro include shoplifting and simple assault. These charges are punishable by up to 6 months in jail and a $1000 fine. Common petty disorderly persons offenses include disorderly conduct, sort of a catch all charge.

After the prosecutor's office makes their determination, you will be scheduled for a status conference in the municipal court if your case was remanded. If the prosecutor's office decides to keep your case, it will either assign to the pre-indictment court, or in more serious cases, directly to a trial team for a grand jury presentment.

A Grand Jury is a panel of jurors who will vote on whether your case proceeds or not. If the Grand Jury returns (true bills) an indictment, you will next be scheduled for a pre-arraignment conference. If you have already hired a criminal defense attorney by this time, your attorney will probably try to have your appearance at this hearing waived.

The next appearance will be your arraignment, where you must plead guilty or not-guilty. The prosecutor's office will likely have provided all the evidence in the case to your attorney. The will ask acknowledgement of receipt of discovery. The arraignment is followed by status conferences and if necessary, trial. Call to speak with a Monmouth County criminal defense attorney to learn more about the process.

The Marlboro Municipal Court has jurisdiction over all traffic offenses. I have represented many, many traffic clients in the Marlboro traffic court. Plea bargaining is allowed in New Jersey Municipal Courts. You always have a right to a trial on a traffic ticket in New Jersey as well. Call now to speak with a New Jersey Municipal Court lawyer.

Like criminal offenses, the state must prove traffic violations beyond a reasonable doubt. The burden is on the state to prove its case. While you are free to introduce evidence of your own and testify, you don't have to. Traffic violations in New Jersey are governed by title 39 of the motor vehicle code.

Common traffic offenses in Marlboro Township include Speeding (NJSA 39:4-98); Careless Driving (NJSA 39:4-97); and Marlboro DWI (NJSA 39:4-50). There are defenses to all of these charges, however most drivers cited with them are usually factually guilty. Much of the defense practice of traffic tickets in New Jersey centers on plea bargaining, and knowing how to punch holes in the state's case.

Marlboro is a suburban community in Monmouth County. It is upper-middle class and a bedroom community of New York City. Manalapan, Aberdeen, Old Bridge, and Colts Neck all border Marlboro. Newark, New Brunswick and Princeton are also within commuting distance. Many of the traffic tickets issued in Marlboro are also to out-of-state and out-of-town drivers. This is because of Route 9 and Route 18.

These two roads act as a corridor through Marlboro to towns north and south. For this reason, and also because of the intersections and businesses off Route 9, much of that road is classified as a safe corridor through the area. Fines can be doubled in a safe corridor. Call now to speak with a lawyer for your Marlboro traffic ticket.

Marlboro Police make a substantial amount of DWI arrests. A DWI arrests and prosecution in Marlboro Court can be an extremely stressful experience. An experienced Marlboro DUI lawyer can greatly reduce this stress and give you the chance of success.

Most DWI charges in Marlboro are issued after traffic stops on the several busy roads of Marlboro. These include Route 9, Route 18, and Route 520. Marlboro Township is located in northern Monmouth County. DWI charges in Marlboro Municipal Court. Marlboro borders Aberdeen, Colts Neck, Old Bridge, and Manalapan.

The Marlboro Municipal Court meets on Thursdays. The judge is the Honorable James M. Newman, J.M.C. The prosecutor, Nicole Sonnenblick, Esq. was recently appointed after Alan Faulk, Esq. held the position for the past year. The court holds arraignments, probable cause hearings, conferences, trials and post-conviction petitions.

In addition to Marlboro DWI charges, Marlboro police also file several Refusal charges a month as well. A Refusal charge, NJSA 39:4-50.2 can further complicate your DWI. The legislature passed the Refusal statute to take away the incentive some may have to not submit to breath sampling.

Without a valid breath reading, you can not be sentenced to more than a 90-day license suspension. That is why the penalty for refusing to submit to breath testing is a minimum of 7 months. You are therefore almost always better off submitting to breath testing. Failing to do so will make defending you Marlboro DWI more difficult and expose you to harsher sentencing.

There are defenses to a Marlboro Refusal charge. In State v. Marquez, the court held that the implied consent warning must be read to the defendant in his or her own language. Police in New Jersey quickly developed procedures to meet this requirement through services like language line and computer translated forms. The implied consent warning is a standard form that police must read to you before administering breath testing. Language line is a service utilized primarily by courts to assist in translation.

Another defense to a New Jersey refusal charge is that there was no probable cause to arrest you in the first place. Probable cause is a reasonable, articulable belief that you drove under the influence. This can be established by the observations any sobriety testing done by the arresting officer.

Probable cause is also a key issue in challenging the results of the breath test for those who do not refuse. Again, if police do not have probable cause to arrest you, there are no grounds to give you the breath test. If your DWI lawyer can show that there was no probable cause to arrest, the Alcotest results may be thrown out.

Similarly, if there was not even probable cause to arrest you for DWI, it's probably going to be difficult for the state to prove that you were DUI beyond a reasonable doubt. Reasonable doubt is a much higher standard than probable cause.

Call now to speak with a DWI attorney in the Marlboro area. My main office is in Freehold, only minutes from the Marlboro court.

A lot of criminal arrests are made in Long Branch. Depending on the nature of the Long Branch criminal charge, your case will either be heard in the Long Branch municipal Court or the Monmouth County Superior Court. I am a criminal defense attorney who appears in both courts.

Important point: If you are charged with a DWI in Long Branch, this is not a criminal violation. A DWI is only a traffic offense in Long Branch unless is is accompanied by a criminal violation.

For some reason, it seems that a lot of juvenile delinquency cases are filed in Long Branch as well. In my private practice as well as in my work for the public defender's office I have represented many juveniles from Long Branch. Juveniles who are charged with criminal offenses in Long Branch face serious penalties including probation, detention, fines and license suspension.

A Long Branch juvenile charge will result in the case being sent to the Monmouth County Superior Court - Family Part. All Monmouth County juvenile charges are heard by the Family Part except for traffic offenses. The only exception to this is traffic tickets that do not accompany criminal violations.

Adult criminal charges in Long Branch will be heard by either the Long Branch Municipal Court or the Monmouth County Superior Court - Criminal Part. New Jersey does not use the terms "felony" or "misdemeanor". Instead, we use the terms "crime" and "disorderly (or petty disorderly) person offenses.

Typical Long Branch disorderly persons offenses include harassment, simple assault, and possession of marijuana. Typical petty disorderly persons offenses in Long Branch include defiant trespass and disorderly conduct. Most drug charges in Long Branch are for marijuana possession. However, arrests for oxycontin and heroin have increased dramatically in recent years in Long Branch.

If you are charged with a drug offense in Long Branch, there are defenses. The most effective defense to a drug charge is usually to challenge the search. Police in New Jersey cannot simply search you for no reason. They must have a warrant or either meet some exception to the warrant requirement.

The most common exception to the warrant is the search incident to arrest. If police in Long Branch have probable cause to place you under arrest, they may search you. Other exceptions to the warrant requirement are exigency and the community caretaking exception. That exception has recently been expanded to both homes and vehicles.

Searches by Long Branch Police can be challenged with a motion to suppress evidence. Call to speak with a Monmouth County Criminal Defense Attorney about filing a suppression motion. If we can prove that the police did not meet some exception to the warrant requirement, we may be able to have the evidence thrown out. In drug cases, this can mean a dismissal of the case.

Other common criminal offenses in Long Branch include assault and harassment. Both of these charges are commonly filed by private citizens. Since the nature of the these charges is spontaneous, the police are often only notified later on. If the police do not witness a disorderly persons offense, they not usually make an arrest.

Being convicted of a Long Branch DWI can change your life. Even for a first offense DWI conviction in New Jersey, the penalties are severe. Mandatory driver's license suspension, thousands of dollars in fines and surcharges, possible jail and community will be imposed. If you have been charged with a DUI in Long Branch, call to speak with a DWI lawyer.

The majority of Long Branch DWI arrests are made on Route 36 and Ocean Avenue. However, DWI charges are occasionally made on other roads including Broadway. If you are charged with a DWI in Long Branch, you will probably receive at least two traffic tickets. These will include NJSA 39:4-50 (DUI) and NJSA 39:4-96 (Reckless Driving). Reckless driving is a 5-point ticket.

The tickets given to you by the Long Branch Police will have a mandatory court appearance noted at the bottom of the summons. This court hearing will probably be days or a week or two after your charge. I receive a lot of panicked calls from clients facing a DWI court date only days after their arrests. However, your case will only be resolved at this appearance if you plead guilty. If you retain an attorney before this date, your appearance may be waived by the court.

Under New Jersey's court rules, an arraignment in Municipal Court may be waived if certain criteria is met. First, you must have retained an attorney, Next, your attorney must certify that he or she has explained to you your rights, the charges and the penalties you face. Your lawyer must also attest that you have received a copy of the complaints / summons.

We know that you need to work or go to school. I therefore try to get every court to waiver your first appearance. This also saves the court valuable resources and time. However, some courts in NJ insist that you appear personally for the first appearance. They are particularly strict about this if you face serious charges such as felonies ("crimes" under NJ law), or other charges like a DWI.

Continue reading "Long Branch DUI Lawyer - NJSA 39:4-50" »

Long Branch police make a ton of drug possession arrests. In addition to the Long Branch Police, the New Jersey State Police and even the FBI are active in the city. Call any time to speak with a Long Branch drug arrest lawyer.

Long Branch has undergone something of a renaissance in the last ten years. However, the addition of Pier Village and exclusive apartments lining the coast have not brought a decline in drug arrests in Long Branch. Most drug arrests in Long Branch are for marijuana possession, cocaine and prescription pills. Arrests for ecstasy and heroin are also made on a regular basis.

Long Branch CDS charges usually occur after either a traffic stop or a street encounter. If police have reasonable suspicion to stop your car for a traffic ticket, they do not automatically have the right to search you or your vehicle. However, police may ask you to step out of the vehicle and pat you down to check for weapons.

While checking for weapons, the officer may feel what he or she immediately knows to be drugs. While it is difficult to believe that many of these searches are valid, they often survive a suppression motion. A suppression motion is the legal filing that enables you to challenge a police search of your home, car, or person.

Street encounters with police are also common in Long Branch. Most of these occur off Broadway and in the Pier Village area. Garfield Park has also seen a ton of drug activity and arrests in the past. If a police officer approaches a suspect on the street, the suspect does not have to answer any questions. Case law suggests that even if the suspect takes off running, police do not generally have the right to arrest and search the person without probable cause.

If you are charged with possession of marijuana or drug paraphernalia in Long Branch, your case will be sent to the Long Branch Municipal Court. The Long Branch Municipal Court is located at 279 Broadway # 1, Long Branch, NJ 07740-6961. The phone number is (732) 571-6500. If you are charged with possession of less than 50 grams of marijuana or drug paraphernalia, you will likely be processed at the Long Branch Police station and released with a complaint and court date. You have the right to remain silent during your processing and should not make any incriminating statements.

Possession of Marijuana and drug paraphernalia in Long Branch are disorderly persons offenses. A disorderly persons offense in New Jersey carries up to 6 months in jail and a $1,000 fine. For possession of marijuana in an amount less than 50 grams, you must also pay a $500 DEDR penalty, $75 SS and $50 VCCB penalty, and $33 court costs.

Your summons or complaint the police give you will have a court date entered. This hearing will be your arraignment. At your arraignment, the judge will read the charges to you and advise you of your rights. You have the right to remain silent at your arraignment and should not make any statements other than "not-guilty." Better yet, simply hire a Long Branch criminal defense attorney and let us do the talking.

If we are retained before your arraignment we can usually have your first appearance waived. Hiring an attorney is the first step in fighting your Long Branch CDS charge. We will contact the Long Branch court, enter a not-guilty plea for you, waive your arraignment, demand all discovery (evidence) and a speedy trial.

We will review the evidence with you and see if there may be a way to attack the search. The evidence will usually include the arrest report, incident report, video, and the results of the lab testing of any drugs that were found. The lab report usually takes at least a month to be delivered to us from the police. Local police departments in New Jersey do not conduct laboratory testing. Suspected CDS is sent to a State Police lab for analysis. The Sea Girt lab services the Long Branch Police Department.

If you have been charged with a CDS offense or were arrested in Long Branch, we can help. Call now to speak with a New Jersey drug charge lawyer.

Colts Neck DWI charges are filed by both Colts Neck and New Jersey State Police. Colts Neck Municipal Court has jurisdiction over DUI arrests in the township. DUI law in the Garden State is controlled by statute N.J.S.A. 39:4-50. If you are with a DWI in Colts Neck, you must be served either in person or by mail with a summons. You will also likely receive tickets for other traffic violations. A New Jersey DWI lawyer can defend you against a Colts Neck DWI.

The overwhelming majority of DWI arrests made in Colts Neck take place after traffic stops for swerving, unsafe lane change and the speeding. Few Colts Neck DUIs result from DWI sobriety checkpoints. DWI checkpoints are normally set up in more developed areas like Route 9 and Route 35. Colts Neck roads on the other hand are much more rural. Both adults and juveniles can be charged with a DWI in Colts Neck.

If police do set up a DWI checkpoint, it must follow strict standards. The operation must be published in advance. In Monmouth County, they will usually be published in the Asbury Park Press. The checkpoint must also be authorized at a high level within the police. Other challenges can be made if you are arrested at a DWI checkpoint in Colts Neck.

Nearly every DWI summons in Colts Neck also results in a charge of Reckless driving. Reckless driving in New Jersey is governed by NJSA 39:4-96. A ticket for NSJA 39:4-88 is also commonly given out with a DWI. That statute pertains to unsafely changing lanes. This is a common reason police pull over many cars. Tip: The weaving must have been unsafe to justify a stop.

No plea bargaining is allowed in NJ DWI cases. This is why your attorney must be well-informed in DWI law and willing to spend the necessary time analyzing your case.

If you are arrested for a DWI in Neptune Township, you will only be released to another's custody. That person must accept temporary responsibility for you. If no one can pick you up, will be temporarily detained at the police department.

You will be given a summons with a court date on it. This summons orders you to appear in the Colts Neck Municipal Court for your first appearance. The judge in Colts Neck Township is the Hon. Richard Thompson, J.M.C.

Most Colts Neck DWI arrests are made on Route 34, Route 537 and Route 18. If you are stopped for a DWI in Colts Neck, you should cooperate with the police officer. However, you have the right to remain silent and should not make any admissions that could later hurt you.

If a Colts Neck police officer sees you violate a motor vehicle law, they can pull you over. However, they can not automatically detain you for sobriety testing. The standard for pulling you over is called "reasonable suspicion."

After you are stopped, the police officer will walk to your window and ask for your credentials. If you are intoxicated, the officer will likely know it and eventually place you under arrest.

I defend people all the time who have been accused of drunk driving in Monmouth County. Call us to discuss how to begin defending your Colts Neck DWI.

For such a small town, Brielle police make a lot of DWI arrests. Unfortunately, many people arrested for a Brielle DWI refuse to submit to breath testing. This will lead to yet another serious charge, Refusal, in violation of NJSA 39:4-50.2. If you have been charged with Brielle DUI or Brielle Refusal charge, call a Monmouth County DWI lawyer for a consultation.

Most Brielle DWI arrests are made on non-Brielle residents. This is because Brielle is situated right across the bridge from Point Pleasant. In the summer months, tourists and locals alike flock to Point Pleasant. If you are returning to the North, you have little choice but to pass through Brielle on your way home.

Both Routes 35 and Route 70 pass through Brielle. A routine traffic stop can easily escalate into a DWI arrest if the officer smells alcohol on your breath. If he or she does, they will likely detain you for sobriety testing. Very rarely does someone pass these tests. Even sober, they are basically designed to be failed.

Any who drives on New Jersey's highways automatically consents to breath testing. The consequences for refusing to do so are severe. For a first offense of Refusal, you must forfeit your driver's license for 7 months and must have a interlock device installed on your car for at least 6 months. There are also substantial fines and surcharges.

There are limited defenses to a New Jersey Refusal charge. The first step in defending against a Brielle Refusal charge is to retain a competent New Jersey DUI lawyer. Your attorney will obtain all discovery in your case and devise the best defense strategy.

One defense to a refusal charge is that there was no probable cause to arrest you. Another is the so-called confusion doctrine. But few cases are one on this issue. Equivocal refusals required that you be read a second paragraph on the implied consent warning, however that defense has recently been eliminated.

There is a lot of confusion about the interlock requirement. This is in part due to the legislatures shoddy drafting of the applicable statute. If ordered to install an interlock device, you must place the device in the vehicle that you principally operate. This creates problems for young adults who drive their parents cars and those who drive professionally for a living.

In addition, municipal court judges sometimes do not explain the requirement clearly. This may be in part due to some frustration over the statute and the notion that it is a "DMV problem." One thing is clear, the DMV (now MVC) does little to make the situation any easier.

I have heard some bizarre stories about how the DMV is handling the interlock requirement. One that troubled me the most is where the DMV refused to reinstate a client's license after suspension because the client had sold his car and did not drive. Since he had no car, he had nowhere to install the device. The DMV did not care. It took weeks to straighten the issue out.

Another common misconception is that the device only has to be installed after you get your license back. This is untrue. Even though you are not allowed to operate your vehicle until after your driving privileges are installed, you must install the device immediately.

if you have been charged with a DWI or Refusal in Brielle, we can help. Call now to speak with a DWI lawyer.

Brielle Police make a relatively small number of arrests. However, a lot of Brielle DWI and Brielle traffic tickets are issued in the borough. Both Routes 70 and Route 35 pass through Brielle. These two highways are the scene of many traffic stops. If you have been arrested or received a traffic ticket in Brielle, call a defense attorney now for help.

One spot in in Brielle that seems to be a common place to receive a ticket is the bridge on Route 35. The speed limit changes on the bridge (55 to 45?). Brielle police are known to sit at the bridge entrance waiting for speeders to fly by. Speeding tickets in Brielle will carry 2 motor vehicle points if you were driving 0-14 over the limit. A New Jersey speeding ticket will carry 4 points if you were speeding 15 to 29 miles over the limit. Going 30 miles over the limit will incur 5 points and the judge will probably suspend your license.

As if speeding tickets were not bad enough in and of themselves, many lead to other charges. For example, if you are stopped in Brielle for speeding and the officer has reason to believe that you are drunk, you may be arrested for DWI. Similarly, if are stopped for speeding and the officer smells marijuana, you may ultimately be arrested for drug possession.

The Brielle Municipal Court is located at 601 Union Lane, in Brielle, New Jersey 08730. The judge is the Honorable Paul Capatorto, J.M.C. The prosecutor is Steven Zabarsky, Esq. The court has jurisdiction over traffic tickets, Brielle DUI, disorderly persons and petty disorderly persons offenses and local ordinances.

Brielle is a lovely seaside community in southern Monmouth County. It is located just across the Manasquan River from Point Pleasant. The town also borders Wall Township and Manasquan. It is considered an upper-middle class town and the average male worker earns $100,000 per year. Most of the arrests and traffic tickets are issued to non-residents. Only about 5,000 people reside in Brielle Borough.

Arrests for Marijuana and drug possession are not uncommon in Brielle Borough. If you have been charged with DWI, CDS possession or a traffic ticket if Brielle, call a defense attorney for a consultation. I represent clients in Brielle Court and would be happy to discuss your case.

Asbury Park is without doubt the most drug plagued town in Monmouth County. Asbury Park Police make a high number of arrests for marijuana, heroin, cocaine, and other CDS. Some painkiller pill arrests like those for oxycontin are also made in Asbury Park. Drug paraphernalia charges are also common in Asbury Park. A Monmouth County criminal defense attorney can help defend against these Asbury Park drug charges.

If you have been stopped, searched, or arrested in Asbury Park, call to speak with a lawyer immediately. We will obtain the police reports and all discovery in your case right away to see if the search can be challenged. Police searches are challenged in court by your attorney filing what is known as a motion to suppress evidence. I defend both adult and Asbury Park juvenile charges.

In addition to Asbury Park police, New Jersey State Police and the FBI are very active in the city. New Jersey State Police assist many cities in New Jersey combat drug trafficking, mostly by conducting controlled buys and surveillance. FBI agents also operate in Asbury Park and other cities, mostly limited to investigating organized criminal activity like large-scale drug operations.

A recent study just released showed that heroin is the most widely used drug in Monmouth County. While its hard to believe that heroin has displaced marijuana as the most popular drug, there is no denying that both Monmouth and Ocean County law enforcement have a serious challenge in combating the heroin trade. The Monmouth County Prosecutor's Office has an Asbury Park located at 10 Main Street
Asbury Park, NJ 07712-6520. The Monmouth County Prosecutor's also takes a very proactive role in making Asbury Park drug arrests.

A lot of heroin is trafficked through Asbury Park, which serves as something of a hub for drug distribution in Monmouth County. Route 71 (Main Street) sees a large amount of Asbury Park drug arrests. The southwestern section of the city has seen a huge uptick in violence lately. Most inner city murders in New Jersey are committed in relation to drug distribution. The drug trade is extremely profitable, and violence between rival dealers and gangs is quite common in Asbury Park.

Possession of marijuana in Asbury Park is an amount less than fifty grams is a disorderly persons offense. Disorderly persons offenses in New Jersey are all punishable by up to 6 months in jail and a $1,000 fine. Possession of drug paraphernalia is also a disorderly persons offense. Possession of cocaine, heroin, CDS, pills and ecstasy are all usually third degree offenses, subjecting you to 3-5 years in prison. In addition, all drug offenses in New Jersey carry a minimum 6 month driver's license suspension.

There are challenges to New Jersey drug arrests. Most of these must be made before trial. These include asking the court to throw out your statement or confession. Your attorney may ask the state to disclose the identity of a confidential informant and divulge any exculpatory evidence. The search of your person or car may also be challenged. The best move after you have been arrested for an Asbury Park drug charge is to hire a good defense lawyer right away.

A lot of Neptune DWI charges are filed in both Neptune Township and Neptune City. DWI law in New Jersey is governed by NJSA 39:4-50. If you are cited for a "4-50" in Neptune, you will be handed or mailed a ticket showing charges of NJSA 39:4-50 and all other traffic violations.

Most of the DWI stops in Neptune result from traffic stops for speeding, unsafe lane change and the like. Some Neptune DUIs result from DWI checkpoints. DUI Checkpoints are relatively rare in Neptune. Most are set up in the summer months and must adhere to strict rules.

For example, DWI checkpoints in New Jersey must be published in advance, approved at a supervisory police level and meet certain other requirements. If charged with a DWI after stopped at a checkpoint, your attorney should make sure that all these elements are met. Most NJ sobriety checkpoints are set up in conjunction with both county and municipal authorities.

Almost all DWI summons in Neptune are accompanied by a ticket for Reckless driving. Reckless driving in New Jersey is governed by NJSA 39:4-96. It is also common for a ticket for unsafe lane change to be issued under NSJA 39:4-88. Many clients ask, "can't I just plead guilty to Reckless Driving in exchange for a dismissal of DWI?"

The answer is "no." The court rules of New Jersey forbid plea agreements in DWI prosecutions. However, if the prosecutor can be convinced that the DUI charge can not be proven, he or she should dismiss the DWI charge. In such cases, the person may plead guilty to a lesser offense. Indeed, these look a lot like plea agreements.

If you are charged with a DWI in Neptune Township, your case will be heard in the Neptune Township Municipal Court. The judge in Neptune Township is Robin Wernik, J.M.C. The prosecutor is James Butler, Esq. If your Neptune DWI charge arose in Neptune City, your case will be heard in the Neptune City Municipal Court. The Judge in Neptune City is Mark T. Apostolou, J.M.C.

Most Neptune DWI arrests are made on Route 33 and Route 35. If you are stopped for a DWI in Neptune, you should be polite but not make any incriminating statements. Any admission of drinking will be used against you. If a Neptune police officer observes your vehicle breaking a motor vehicle law, he or she has the right to stop you. Even if they only have a "reasonable suspicion" that you broke the law, they have the right to stop your car.

After pulling you over, the officer will approach the vehicle and ask for your driver's license, registration and proof of insurance. Driving without insurance in New Jersey is about as serious as a DWI. A first offense conviction for No Insurance, in violation of NJSA 39:6B-2, carries a $500 fine and mandatory 1-year driver's license suspension. Having no registration is much less serious, carrying only a fine. However, your vehicle will likely be towed away in either case.

A common fact that police cite in DWI arrests is that you could not produce your credentials in a proper way, that you fumbled the document or could not find them. The officer may smell alcohol on your breath or coming from the inside of the car. The officer may also claim that your speech was slurred or that your eyes looked red. These facts will all be used to detain you for sobriety testing.

I defend people all the time who have been accused of drunk driving in Monmouth County. Call us to discuss how to begin defending your Neptune DWI charge.

A ton of Neptune Drug Charges are made are made in both Neptune Township and Neptune City. If you have been arrested in Neptune for a drug arrest, call now to speak with a lawyer familiar with those courts. Drug charges in New Jersey can result in jail time, probation, fines and mandatory driver's license suspension.

Most Neptune Township drug arrests are made on Route 33. This is in large part because of Neptune's proximity to Asbury Park. I have represented many clients who were stopped in Neptune Township after allegedly buying drugs in Asbury. Route 33 leads to several highways including the Garden State Parkway and Route 18. These roads are the scene of lots of traffic stops for violations like speeding. These traffic stops often leads to drug arrests in Neptune.

While most Neptune Township drug arrests occur in the motor vehicle stop context. Some are also made on the street or pursuant to search warrants. Both types of searches can be challenged. Neptune City drug arrests are also commonly made from traffic stops. The overwhelming majority of these occur on Route 35 in Neptune City.

Neptune Township and Neptune City are right next door to each other. However, each town has its own local government, police forces and Municipal Courts. Neptune Twp Police patrol the township, while Neptune City police patrol Neptune City.

If you are charged with possession of marijuana, less than 50 grams, in either town, your case will be heard in whichever municipal court the offense took place in. The same applies for possession of drug paraphernalia in Neptune. Most other Neptune drug charges will result in your case being sent to the Monmouth County Superior Court.

Street arrests in Neptune City are more common than in Neptune Township. In a typical encounter, police may conduct a so-called "field inquiry" of an individual. An officer may then try to conduct a pat down of this person. This is sometimes referred to as a "Terry frisk," after State v. Terry. This type of "search" is only so the officer can check for weapons. The idea is to give the officer the ability to ensure their own safety. Probable cause is not needed.

During a Terry frisk, officers may feel what they believe is drugs (CDS). It is difficult to imagine how an officer may know that some small item in an interior pocket contains drugs. However, police testify to this all the time. They must have immediately known the item was contraband such as drugs or weapons. They are not allowed to "manipulate" the item.

If after conducting a Terry frisk and incidentally discovery drugs, the officer will have probable cause to arrest. The officer may then conduct a full search of the suspect's person. This is called a search incidental to arrest.

These searches can, and should be, challenged. This is done through a defense attorney filing a Motion to Suppress Evidence. You cannot wait to argue these issues at trial. They will be deemed waived without filing a Motion to Suppress. The motion must state the grounds objected to and be served on the prosecutor's office.

If you have been arrested for a drug charge in Neptune, call to speak with an experienced Monmouth County drug charge lawyer.

Aberdeen Township Municipal Court

Location: Aberdeen Square
Aberdeen, NJ 07747

Phone: (732) 583-4200 ext. 105, 141, 142
Fax: (732) 290-3171

Court Sessions are held every Wednesday at 9:00 a.m.

The judge in Aberdeen court is the Honorable Scott J. Basen, J.M.C. The prosecutor is Pat Sheehy. The court administrator is Michele T. Wieczoreck. Aberdeen police write up a large amount of traffic tickets, especially for speeding. Aberdeen also sees a good deal of DWI and minor criminal arrests, including shoplifting and drug possession.

View Larger Map

Aberdeen Police make a high number of arrests for drunk driving in the Township. New Jersey State Police also patrol certain parts of Aberdeen, and issue many DUI tickets themselves. If you have been charged with an Aberdeen DWI, call a local attorney immediately for help. The sooner we can get involved in the case the better.

Most DWI tickets given by Aberdeen Township police are meted out on Route 34, Lloyd Road, Route 35 and Route 36. New Jersey State Police Aberdeen DWI arrests are mostly made on the Garden State Parkway.

Aberdeen is a Township in northern Monmouth County New Jersey. The township was originally settled by Lenni Lenape Indians as a farming community. After the English took over, Aberdeen was a part of nearby Middletown. The township later became known as Matawan Township and in 1977, the residents voted to change the name to Aberdeen Township.

About 20,000 people live in Aberdeen. The once popular Cliffwood Beach section was a fun summer destination. However, the boardwalk was destroyed by Hurricane Donna and never completely rebuilt. Aberdeen is located next to Matawan Borough. Both Aberdeen and Matawan have their own police departments, local governments and municipal courts.

The Aberdeen Municipal Court is located at 1 Municipal Square (Church Road), Aberdeen Square, Aberdeen, NJ 07747. The court can be reached Monday through Friday from 8:30 a.m. to 4:30 p.m. at (732) 583-4200 ext. 105, 141, 142. Judge Basen is the presiding judge in Aberdeen court. Patrick Healy, Esq. is the prosecutor. The Court Administrator is Michele T. Wieczoreck.

Aberdeen sees a huge uptick in DWI arrests in the summer months. Its difficult to get to any NJ shore town from the north without driving through Aberdeen Township. Police in Aberdeen and the State Police Barracks are well aware of this. A traffic stop for a speeding ticket or other moving violation can quickly escalate into a DWI investigation. This will occur if your operation of your car indicates possible intoxication, such as swerving or erratic driving.

If the Aberdeen police officer pulls you over and smells alcohol, observes your eyes to be bloodshot or watery, or notices your speech to be slurred, you will be detained for sobriety testing. Most State Troopers and Aberdeen police officers will utilize a combination of divided attention or psychophysical tests to determine whether you may be intoxicated. There is also a portable breath testing device that may be administered to check for alcohol on your breath.

If after conducting these tests, the police believe they have probable cause to arrest you for DUI, in violation of NJSA 39:4-50, you will be placed under arrest. Anything you say can be used against you, so you should not make any admissions or say anything incriminating at this point. Remember, you have the right to remain silent!

After being processed and released, the police will issue you summons to appear in Aberdeen Court for an arraignment. Call to discuss how to fight your Aberdeen DWI. An NJ DWI lawyer can review the evidence in your case and give you the best chance of success.

If you have been charged with a West Windsor DWI, you have rights and there are defenses to the charges you face. One of the most important rights you have is the right to remain silent. Admissions such as "I only had 2 beers" will not score you points for honesty. Rather, they will used to convict you and suspend your license.

A fair amount of DWI arrests are made in West Windsor. West Windsor Police make most DUI arrests in the township on Route 571 and Clarksburg Road. If you have been charged with drunk driving anywhere in Mercer County, call now to speak with a NJ DWI Lawyer.

West Windsor Municipal Court has jurisdiction over DWI charges in the township. The prosecutor in West Windsor Court is Jeffrey Rubin, Esq. Mr. Rubin is also the prosecutor in East Windsor Township. The two towns, while next door to each other, each have their own municipal governments, police forces, and courts. The judge in West Windsor is the Honorable Mary Siobhan Brennan, J.M.C.

A DWI charge in West Windsor will be formally written on a traffic summons, like any traffic ticket. The ticket will have a mandatory court appearance entered near the bottom. This is the date which you must retain an attorney or appear in court. If you appear in court, the judge will read the charges to you in open court, advise you of your rights, and accept your plea.

This first appearance is waivable by the court. The rules are that you must have retained an attorney. Your attorney must fax or mail a letter to the court informing them that you have been explained your rights, what the charges are and what penalties you face. While many attorneys do not do so, the rules also require a certification that you have received a copy of the complaints / summons.

After either waiving or appearing at your arraignment, the next step in DWI defense is to enter a not-guilty plea and file other documents with the court. These documents include a discovery request and a demand for a speedy trial. After obtaining the discovery (evidence) it will probably be appropriate to file a notice of motion to suppress evidence. This motion will preserve your right to challenge the results of the breath test.

In NJ DWI litigation, the most most important piece of discovery is typically the outcome of the breath tests. Not submitting to breath sampling will result in a charge of refusal to submit to breath testing. Other charges also also filed for any other moving violations the officers believe you committed.

Call to speak with DWI lawyer who has experience in the West Windsor Court. My office is in central New Jersey and I regularly appear in this court.

New Brunswick drug charges are very common. A lot of drug arrests are made at Rutgers University and in the urban parts of the city. Call to speak with a New Brunswick drug charge lawyer. Both New Brunswick Police and Rutgers Police are very active in investigating drug activity in the city. Most drug arrests in New Brunswick result in charges of NJSA 2C:35-10a and NJSA 2C:36-2.

In addition to drug arrests at Rutgers, the roadways of New Brunswick also result in a lot of drug charges. Route 18 and Route 1 are heavily trafficked roads. Often, a car is stopped on these highways for a moving violation and police suspect drug activity. If a New Brunswick Police officer smells marijuana, they will ask consent to search your vehicle.

If drugs (CDS) are found inside the vehicle, you will be cited with a ticket for NJSA 39:4-49.1 in addition to the criminal charges. This traffic violation is very serious, carrying a two year license suspension and fine.

There are five Rutgers campuses in New Brunswick and Piscataway. These are the Cook, Douglas, College Avenue, Livingston and Busch Campuses. Where there are college students, there is usually a lot of drug activity. In years past, the most common drugs found on college campuses were marijuana and cocaine. Nowadays, marijuana remains the drug of choice while painkillers and other pills are gaining increasing popularity.

The New Brunswick Municipal Court is located at 78 Bayard Street
New Brunswick, NJ 08901. The Superior Court is located at 56 Paterson St. If your charge is of possession of marijuana in an amount less than 50 grams, your case will be heard in the New Brunswick Municipal Court. If your charge is of possession of drug paraphernalia, your case will also be heard in the Municipal Court. Most other drug offenses will be heard in the Middlesex County Superior Court.

The best way to beat a NJ Drug charge is usually to challenge the search of your car, person, or house. This is done through a motion to suppress evidence. Call to discuss ways of fighting your New Brunswick drug charge.

A substantial amount of DWI arrests are made in the Borough of Allenhurst. Call to speak with an Allenhurst DWI lawyer. New Jersey has some of the strictest DWI laws in the country. A DWI conviction in Allentown can have life changing consequences. These include substantial fines, surcharges, and license revocation for a first offense. For a second or subsequent DUI conviction, you face community service and jail time in addition to the fines and license suspension.

Most Allenhurst DWI arrests occur after traffic stops by Allenhurst Police. The Allenhurst Police are led by Chief Robert C. Richter. The Police Station is located at 125 Corlies Avenue in Allenhurst, NJ 07711. The Allenhurst police can be reached at 732-531-2255 for Non-Emergency calls. The Allenhurst Police make several DUI arrests per month.

Allenhurst police patrol the roads of the borough for drunk driving, traffic and criminal violations. Most of these offenses occur on Route 71, Corlies Avenue, Main Street and Ocean Avenue. If you are charged with a Allenhurst DWI, you will likely receive several other traffic tickets. These will probably include Reckless Driving, and whatever moving violation you were stopped for.

Many clients are confused by New Jersey DWI terminology. A common question is, "Is there a difference between DUI and DWI?" The answer is "no". In the State of New Jersey, these terms all refer to the same violation. This is driving while intoxicated. The applicable statute is N.J.S.A. 39:4-50.

Many clients are also confused during their DWI processing. This is understandable since most are intoxicated at the time. Also, the overwhelming majority of these people are not attorneys, let alone DWI attorneys. They are therefore unfamiliar with the law regarding having to give breath samples.

New Jersey has a so-called implied consent law. This means that anyone who drives on New Jersey's highways must submit to breath testing if requested to do so by a police officer. The penalties for not doing so take away any advantage that may be gained by not giving a breath sample.

Usually, DWI charges are initiated after police stop your vehicle for a traffic violation. Typical traffic violations that lead to DWI charges include NJSA 4-88 (Unsafe Lane Change) and NJSA 4-98 (Speeding). Sometimes, the underlying offense can be as simple as driving without headlights on at night or having a brake light out.

In some atypical cases, the state may have a hard time proving that you drove or operated your vehicle at all. In these situations, the police must show that you drove the vehicle while drunk though circumstantial evidence rather than direct evidence. The difference between direct and circumstantial evidence can be described as follows: You can prove it snowed last night by actually seeing the snow fall (direct evidence). You can prove it snowed last night be waking up in the morning and seeing snow on the ground (circumstantial evidence).

The prosecutor has to show that you actually operated your vehicle in order for you to be convicted of a DWI. Even if operation of the motor vehicle can be proven, there may be other challenges that can be raised in your case.

These include whether there was probably cause to stop the vehicle and whether the police had good cause to detain you for sobriety testing. If you have been charged with a Allenhurst DWI, call before attending your first appearance in the Allenhurst Municipal Court.

Holmdel Drug Arrest

Holmdel, New Jersey is the scene of a large amount of drug arrests. Call to speak with a Holmdel drug arrest lawyer. Most Holmdel drug arrests occur after traffic stops on the Garden State Parkway, Route 34, and Route 520. A lot of drug arrests are also made in Holmdel at the PNC Bank Arts Center. Drug arrests during concerts at the PNC Arts center are not uncommon at all. Most drug arrests in Holmdel are for marijuana possession and prescription pills. Cocaine and Heroin arrests in Holmdel occur with less frequency.

Drug arrests in Holmdel usually arise in one of two ways. One is by the police stopping your car for a moving violation and searching your car. The other is from street encounters with police. In Holmdel, most of these occur at the arts center. Police may also obtain a warrant to search your home. This is relatively uncommon in Holmdel.

Holmdel is a upper class township in eastern Monmouth County. If you are charged with possession of marijuana or drug paraphernalia in Holmdel, your case will be handled in the Holmdel Municipal Court. The Holmdel Municipal Court is located at 4 Crawfords Corner Road, Holmdel, NJ 07733. If you are charged with either of these offenses, you will likely be processed by the Holmdel or New Jersey State Trooper and released on a summons.

Your summons or complaint will have a date to appear toward the bottom of the paper. This will be the day of your arraignment. At your arraignment, the judge will read the charges to you and advise you of your rights. At this first appearance, you have the right to remain silent and should not make any statements other than "not-guilty." All Holmdel juvenile charges will be sent to the Monmouth County Superior Court.

If you retain a lawyer before your arraignment in municipal court, your appearance can be waived. Retaining an attorney is the first step in fighting your Holmdel CDS charge. Your attorney will enter a not-guilty plea for you, waive your arraignment, and request all discovery in your case.

You and your attorney should review the evidence in your case together. The evidence will likely include an arrest report, incident report, video, and the results of the lab testing of any drugs that were found. The lab report usually comes much later. The specimens from each local police department in New Jersey are sent to a few very busy state police labs.

The state police laboratory will test the CDS to determine what, exactly it is and how much it weights. It is usually advisable to object to the lab certificate. If your attorney does not object to the entry of the laboratory report within a certain amount of time, it may be automatically admissible at trial.

If you object to the lab report, the state may be forced to present the chemist who conducted the testing for cross-examination. This will result in a Rule 104 hearing, where your defense attorney can cross-examine the chemist on issues including the testing procedure, the accuracy of that testing and the reliability on any machines or formulas used.

Atlantic Highland Court hears all traffic tickets, Atlantic Highland DWI arrests and some criminal arrests in the borough. The court is located at 100 First Ave., Atlantic Highlands, NJ 07716. The phone number is (732) 291-3225. The fax number is (732)291-3100.

View Larger Map

Atlantic Highlands is a hub of DWI arrests. The police in Atlantic Highlands are very active in patrolling the borough's roads for drunk drivers. If you have been charged with driving while intoxicated in Atlantic Highlands, call now for an evaluation of your case.

Most Atlantic Highland DWI arrests are made on Route 36. However, some are also made on other roads including 1st Avenue, W. Highlands Avenue, and Grand Avenue. If you are arrested for a DWI, in violation of NJSA 39:4-50 in Atlantic Highland, you will receive several traffic tickets.

These tickets will have a mandatory court appearance noted toward the bottom of the ticket. This appearance will likely be days or a week or two after your arrest. Many people are frantic upon seeing this. However, this is not a trial date. The date on the ticket is merely the date by which your attorney must contact the court or you must appear for an arraignment.

Under New Jersey's court rules, an arraignment in Municipal Court may be waived under certain circumstances. These include if you have retained an attorney, if your attorney certifies that he or she has explained to you your rights, the charges and the penalties you face, and that you have received a copy of the complaints / summons.

Most courts will allow us to waive your first appearance. Obviously, your time is better spent at work or in school rather than appearing in municipal court and waiting around all day just to plead not-guilty and be sent on your way. However, some courts will insist that you appear personally for the first appearance. This is especially true if you face serious charges such as felonies ("crimes" under NJ law), or other charges like a DWI.

After waiving your appearance, the next step is to enter a not-guilty plea and file other initial notices. These include a demand for all discovery, which means evidence. We also routinely file a demand for a speedy trial, and a notice of motion to suppress evidence.

In a DWI, the most damning evidence is usually the results of the breath tests you submitted to. Hopefully, you submitted to breath sampling, since a refusal to submit to breath testing leads to another serious but separate charge of Refusal to Submit. A Reckless Driving ticket (NJSA 39:4-96) is also almost always given along with a DWI charge.

DWIs in New Jersey, while very serious, are still just traffic violations. A NJ DUI is not a criminal offense. This is both good and bad. A DWI does not expose you to a criminal conviction, but on the other hand, cannot be expunged since it is not a criminal conviction.

There are many subtleties to DWI law in New Jersey. The practice of DWI law demands that attorneys constantly stay on top of the frequent developments in the statutes and case law. Call now to speak with a Monmouth County DWI lawyer. We can help guide you through the process and make sure you receive the best possible result under the circumstances. Let us help you.

Mount Laurel Municipal Court

With a satellite office location in Mount Laurel, my office is able to provide excellent representation to clients facing charges in the Mount Laurel Court. The Mount Laurel Municipal Court has jurisdiction over Mt Laurel traffic tickets, Mount Laurel marijuana arrests, and Mount Laurel DWI arrests.

The Mount Laurel traffic court is located at:

100 Mount Laurel Road
Mount Laurel, NJ 08054

Our Mt. Laurel lawyer office address is:

309 Fellowship Road
East Gate Center
Suite 200
Mt. Laurel, New Jersey 08054
*By Appointment Only*

The Mt Laurel Court phone number is: 856-234-2003. The court can be reached Monday through Friday 9-5. The judge in Mount Laurel Municipal Court is the Hon. Peter C. Lange, Jr., J.M.C. The prosecutor is Nicholas Costa, Esq. The Public Defender is William E. Sitzler, Esq. The Court Administrator is Valerie Mazzagatti. The deputy court administrators are Rhonda Clayton and Judith Metzger.

Here is the location of the Mount Laurel DWI court:

View Larger Map

An incredible amount of Mount Laurel DWI arrests are made by Mount Laurel police and the New Jersey State Police. My firm has a satellite office in Mount Laurel, enabling us to provide a very high level of service to our clients who face charges there. Call to speak with a Mt. Laurel DWI lawyer.

Mount Laurel is the meeting point of several major roadways, which bring in tons of traffic to the Mount Laurel Municipal Court. These include the New Jersey Turnpike, Route 295, Route 70, Route 73 and Route 38. These roads are responsible for most Mount Laurel DWI charges.

Mount Laurel court has jurisdiction over the DWI (NJSA 39:4-50) arrests that are made in the township. If you are stopped by a Mount Laurel police officer or a State Trooper, you should remain calm, provide the officer with your credentials, and not make any incriminating statements. You have the right to remain silent! Many people forget or do not realize this when they are stopped.

If a Mt. Laurel police officer stops your vehicle and believes you may be under the influence of drugs or alcohol, you will probably be detained for sobriety testing. The reason for the stop of your vehicle and the reasons for detaining you for sobriety testing may be challenged by your attorney.

The sobriety tests that the officer will conduct may include having you balance on one foot while counting out loud; having you walk a straight line then pivot and walk balk heel to toe, and having you follow a stimulus with your eyes. These are the "big three" of standard field sobriety testing. However, these tests are not perfect. All three of these tests have weaknesses, which a skilled DUI lawyer can point out to the judge.

If the officer believes that your performance on these tests is indicative of intoxication, you will be placed under arrest and brought back to the police station for breath sampling. For the past 3 or so years, the New Jersey Supreme Court has authorized the use of the Alcotest breath testing machine. The Alcotest is the predecessor of the Breathalyzer.

The accuracy and reliability of the Alcotest machine has been the subject of great debate. A team of NJ DWI lawyers took the case all the way the the NJ Supreme Court in State v. Chun. In Chun, the court held that the Alcotest is scientifically reliable if properly administered. Of course, the machine must also be in proper working order at the time of the test. There are other requirements, all which can be contested in your case by your Mount Laurel DWI defense attorney.

For example, the police (state) in your case must prove that the mouthpiece was changed between each breath test. It must also be proven that you were continuously monitored for 20 minutes prior to the breath testing sequence. See Chun and State v. Maricic on this point. Certain documents can be demanded from the police that sometimes shows that the 20 minute observation requirement could not have been met.

Your case will be prosecuted by the local municipal prosecutor. The municipal court judge will preside over your case. You are entitled to and should certainly have competent defense counsel to ensure that your rights are protected.