jail time for dui

If you receive a DUI in New Jersey, you could be facing jail time. How much jail time exactly? It depends on the specific circumstances of your case. Here, our New Jersey DUI defense lawyer gives an overview of the drunk driving penalties in our state. We address the three key factors that will determine how much jail time you will be facing if you are convicted of intoxicated driving. Jail Time for DUI in New Jersey: What You Need to Know Do You Have a History of Intoxicated Driving Offenses? Under New Jersey state law (N.J.S.A. 39:4-50), drivers are charged with a DUI if their blood alcohol concentration is 0.08% or more, or if a substance is impairing them. A key factor that determines jail time for a DUI arrest is their driving history. New Jersey usually punishes each drunk driving offense more than the previous one. The range of potential jail time for a DUI in New Jersey is: First time DUI offense: A defendant may face up to 30 days in jail. Second time DUI offense: A defendant may face between 48 hours and  90 days in jail. Third time DUI offense: A defendant will face a minimum of 180 days in jail. Are There Any Aggravating Factors? DUI conviction history is not the only thing that the state of New Jersey considers when penalizing intoxicated drivers. There are circumstances where a defendant could face more jail time. These are often referred to as ‘aggravating factors’. If an aggravating factor is present, you are likely to face more severe penalties. The most common aggravating factors in New Jersey are: Having a BAC level at or above 0.15 percent; Engaging in reckless driving while impaired; Getting a DUI while in a school zone; Getting a DUI with a child in the car; or Involvement in an accident while under the influence. The most serious form of DUI is vehicular homicide. If a drunk driver causes an accident that results in death, they may face felony charges and a long prison sentence. If you or your loved one was arrested for a DUI with aggravated factors, call a criminal defense lawyer right away. You must take immediate action in these cases. How Will You Defend Your Case? You will not face any jail time until you plead guilty or the prosecution proves the DUI charge and gets a conviction. How much jail time you will face in a DUI case depends, in large part, on the strength of your legal defense. Consult with a top-rated New Jersey drunk driving defense lawyer after being arrested and charged with a crime. Your DUI lawyer will review your case and determine how to protect your rights. One of the primary goals of New Jersey DUI defense lawyer Anthony J. Vecchio is keeping clients out of jail. When there are options to avoid any jail time — as is often the case with first time DUIs — Mr. Vecchio helps his clients get access to those options. Your rights and freedom must be protected during this process. Do not go up against prosecutors alone. Get Help From Our New Jersey DUI Defense Lawyer Right Away At the Law Offices of Anthony J. Vecchio, LLC, our top-rated New Jersey drunk driving defense attorney is a strong advocate for clients. If you or your loved one is facing potential jail time for an intoxicated driving offense, we are here to help. To set up an initial consultation, please contact us today.

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  • September 04, 2019
  • DWI
driving while intoxicated

In New Jersey, it is a serious criminal violation to operate a vehicle while intoxicated. Under New Jersey law (N.J.S.A. 39:4-50), you can receive a DUI if your blood alcohol concentration (BAC) is 0.08 or higher or if any substance is impairing you. If you were arrested for intoxicated driving, you need to know how to protect your rights. Below, our New Jersey DWI defense attorney highlights the most important things that you need to know. Driving While Intoxicated in New Jersey: Four Steps to Protect Your Rights 1. Pull Over, Be Polite Seeing those flashing blue lights in your rear-view mirror is stressful. As soon as you recognize the police cruiser, you need to pull over as soon as you can. When the officer approaches your window, be polite.  When asked, hand them your driver’s license, vehicle registration, and insurance information. If a law enforcement officer suspects you of drunk driving, the last thing you want to do is add more problems. At this point in the process, the less you say and do, the better. 2. Exercise Your Right to Remain Silent While you should be polite, please know that you do not have to answer any questions asked by the police. If a police officer pulls you over, you are a suspect. Even if you did nothing wrong, it is in your best interests to be careful. Under the Fifth Amendment to the United States Constitution, when questions about drugs or alcohol are being asked at a traffic stop, exercise this right. You are not going to talk your way out of a DUI arrest; you might talk yourself into even more trouble. In fact, people talk themselves into DUI arrests and convictions on a regular basis. Remember, any statements that you make could be taken out of context or used against you in a criminal trial. 3. Know Your Rights and Responsibilities Every driver in New Jersey should have a basic understanding of their rights and responsibilities for DUI stops. To start, you should be aware of the fact that New Jersey has an ‘implied consent law’. Under this law, you have already agreed to take a post-arrest breathalyzer test. By driving on a public road in New Jersey, you have consented to take a breath test on suspicion of drunk driving. If you refuse to take a breath test, you will be charged with a crime. In contrast, field sobriety tests are not mandatory in New Jersey. You have every right to refuse to take a field sobriety test. Police officers will generally not tell you about this. In fact, they are not required to tell you that you can refuse to take a pre-arrest sobriety test without penalty. Study after study has shown that the most common field sobriety tests are not very accurate. False positives are common. 4. Call a Criminal Defense Lawyer The most important thing to do if you are arrested for driving while intoxicated in New Jersey is to call a DUI defense lawyer. Call a lawyer before you make any statements to police. More importantly, call a lawyer before pleading guilty or talking to a prosecutor. The consequences for a DUI conviction — even a first-time offense — can be severe. There are options available. A New Jersey defense lawyer will review the circumstances of your arrest, assess the prosecution’s evidence, and protect your rights and interests. In some cases, that will mean challenging the charges. In other cases, it will mean working towards a plea agreement that reduces penalties. Get Help From Our New Jersey DWI Defense Lawyer Right Away At the Law Offices of Anthony J. Vecchio, LLC, our New Jersey drunk driving defense attorney will protect your rights. If you or your loved one was arrested for a DUI, we are here to help.  To schedule a confidential initial consultation, please call us today.

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dui first offense new jersey

New Jersey takes intoxicated driving charges very seriously. “If you drive impaired, law enforcement will arrest you,” states the New Jersey Department of Law & Public Safety. In recent years, many counties, cities, and towns across the state have been increasing highway enforcement. Even a first time DUI offense could result in a defendant facing harsh consequences. This raises an important question: What is the punishment for a first-time drunk driving violation in New Jersey? In this article, our New Jersey DUI defense lawyer provides an overview of the penalties for a first offense in the state. DUI First Offense NJ — An Overview of the Penalties Under New Jersey law (N.J.S.A. 39:4-50), it is unlawful to drive while impaired. A key factor that determines the penalties for a DUI is whether the driver has a history of drunk driving offenses. Generally, first time DUI offenses are punished less than later offenses. A first time DUI is still a serious issue. The penalties for a first offense DUI in New Jersey may include the following: Up to $1,000 in financial penalties; Increased auto insurance costs; A three-month suspension of your driver’s license; Mandatory DUI classes; Mandatory installation of an interlock ignition device on your car; and Up to 30 days in jail. Aggravating Factors May Result in More Penalties In New Jersey, a defendant facing a first-time drunk driving charge could receive more penalties if their case has an ‘aggravating factor’. An aggravating factor makes a drunk driving offense especially extreme in the eyes of the law. There are several different types of aggravating factors listed in the New Jersey state statutes. Some of the most common examples are: Being ‘highly intoxicated’ — meaning a BAC level of 0.15 or higher; Having a child in the car or getting a DUI while in a school zone; Committing another traffic violation at the same time, such as speeding or reckless driving; and Causing an accident that leads to a serious injury or fatality. Depending on the nature of the aggravating factor, the penalties can vary. If you or your loved one was arrested for a first time DUI offense with an aggravating factor, contact a New Jersey criminal defense lawyer immediately. Prosecutors seek severe penalties in these cases — possibly including jail time. How Our New Jersey Drunk Driving Defense Attorney Can Help It is a huge mistake to view a first time DUI as a minor offense. A conviction will cost you money, time, driving privileges, and even career opportunities. Do not plead guilty without speaking to a criminal defense lawyer first. There may be options to avoid severe penalties. Anthony J. Vecchio is an experienced DUI defense attorney with lots of experience handling first-time offenses. He helps clients through their most difficult days. Mr. Vecchio will: Review of your case; Explain your rights and options to you; Make sure that the arresting officer respected your rights; Look for all available options to reduce penalties; and Build a strong, compelling DUI defense. Every intoxicated driving case is different. If you are facing a first time DUI in New Jersey, you need a lawyer who understands your case and will build a personalized defense strategy. In some cases, false or unfair DUI charges must be challenged in court. In other cases, the best strategy is to focus on reducing the penalties of a first time DUI. One mistake should not follow you for the rest of your life. Were You Arrested for a First Time Drunk Driving Offense in New Jersey? We are here to help. At the Law Offices of Anthony J. Vecchio, LLC, our New Jersey criminal defense lawyer has lots of experience with handling first time drunk driving cases. To set up a confidential review of your case, please call our legal team right away. We handle intoxicated driving cases throughout the state of New Jersey.

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  • September 03, 2018
  • DWI

DWI laws in NJ have received increased attention in the last several years. One reason for the increased legislative discussions deals with the state’s treatment of repeat DWI offenders. In NJ, repeat DWI offenders may face stricter penalties following the introduction of two new bills. One bill follows publicity surrounding the five consecutive DWI arrests within a five-week period of a Vineland, NJ man. The man, Anderson Sotomayor, has been cumulatively charged with not only driving while intoxicated, but also with improper passing, leaving the scene of an accident and failure to report an accident after colliding with a school bus. Less than a week later, Sotomayor allegedly struck a police vehicle while intoxicated, and then two days later, allegedly struck a utility pole. He has also been charged with an alleged drug offense, all within less than two-month period. The bill’s proponents want to toughen current penalties for repeat offenders. One change would be for anyone charged with DWI twice within two months to have a $10,000 fine and up to 18-month jail penalty for drunk driving. Likewise, news stories report “the bill also requires courts to suspend the person’s driver’s license when one is charged with a second DWI offense within 60 days and permits judges to impose bail up to $10,000. DWI offenses would have to be recorded by police departments within three hours of the charge being filed. Courts can’t typically impose a bail amount higher than $2,500 for fourth-degree crimes. DWI offenses would have to be recorded by police departments within three hours of the charge being filed.”  A second bill introduced this year, Assembly Bill 1368 / Senate Bill 385, proposes installing Breathalyzer-type ignition interlocks that would prevent a person from starting their car until blowing into an attached Breathalyzer. According to news sources, the proposed bill would require post-conviction drunken drivers to “use… ignition interlocks…. for a period of at least three months.” This penalty would be assessed against all those convicted of DWI, including all first-time NJ DWI offenders. Both bills have received public support from consumer groups, including Mothers Against Drunk Drivers (MADD) as well as multiple sponsors for the proposed legislation. Drunk driving in NJ is serious business. Whether you or someone you love has recently been charged with a significant traffic violation, such as DWI, you should know that a NJ DWI lawyer can help sift through the charges, the court process, and penalty guidelines. No matter the changes on the horizon, The Law Offices of Anthony J. Vecchio, LLC is here to serve as your ally and legal advocate.

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  • March 20, 2017
  • DWI

Enjoying an alcoholic beverage can be, for many people, a pleasurable experience where a person can relax, unwind after a busy day, and even socialize over drinks with friends. Moderation, as with any intoxicating substance, is key. Unfortunately some people take those enjoyable moments too far. As a DUI attorney in NJ, one common event is a DUI charge following a night of binge drinking. In New Jersey, a driver suspected of driving under the influence is tested for the level of intoxication he or she may be operating under. The blood alcohol concentration (BAC) level can be tested in a number of ways, including by Alcotest, blood or urine. According to the State of New Jersey Motor Vehicle Commission, “a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).” Drivers whose BAC level exceeds the legal limit of .08% can face stiff penalties depending on the number of incidents of DUI in their past, as well as the level of the driver’s BAC. If you have been arrested in the past for intoxicated driving in NJ you should be aware that penalties increase. Excessive drinking, including binge drinking, remains a serious concern for health care professionals. In fact, a report published in the New York Times by the Center for Disease Control (CDC) says that up to “10 percent of deaths among working-age adults in the United States” result from excessive drinking. According to Robert D. Brewer, co-author of the paper and the director of the alcohol program at the CDC says, “It’s a huge public health problem any way you slice it.” Beyond the health risks that binge drinking poses, excessive drinking inhibits cognitive reasoning, which can lead to making poor decisions. Clearly, the public policy concerns of increasing DUI penalties make sense in terms of maintaining safety. But the rights of the accused do not hinge on public policy considerations alone. The handling of evidence, including the manner in which a traffic stop and Breathalyzer / Alcotest are conducted, weigh in the greater scheme of upholding the rights of the accused. Every person accused of violating public safety, or endangering the public through reckless or intentional acts, deserves the best defense. This is why NJ defense attorneys do what they do. Whether the first or fifth DUI, the Law Offices of Anthony J. Vecchio, LLC is here to help the accused mount to the best defense possible.

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Manalapan Township Municipal Court Address: 120 Route 522 & Taylor’s Mills Road, Manalapan NJ 07726Phone: (732) 446-6656Fax: (732) 446-2504Hours: M – F 8:30 to 4:00 The Judge is the Honorable James M. Newman, J.M.C.The Prosecutor is Nicole Sonnenblick, Esq.The Court Administrator is Daniella M. Trancho Court sessions are every Monday 9:00 AM for Arraignments for 9:30 AM for Not guilty pleas and 1:00 PM for all attorney matters. Manalapan police issue a large amount of speeding ticket, some in “target enforcement areas” which mandate a court appearance as well as some DWI’s, tailgating/following too close and other traffic tickets.

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Location: Borough of Neptune City106 West Sylvania Avenue, Neptune City, NJ 07753 Phone: (732) 776-7224Fax: (732) 776-8906 The judge in Neptune City is the Honorable Mark Apostolou. The prosecutor is James Carton IV, Esq. Neptune City Police issue a fair share of tickets, especially for speeding. A lot of DWI and criminal are also made in Neptune.

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Long Branch City Municipal CourtLocation: 279 Broadway (Corner of Broadway and N. Fifth Ave), Long Branch, NJ 07740Phone: (732) 571-6500Fax: (732) 571-0106 Court Sessions: Tuesday 8:15 a.m., Wednesday 3:00 p.m. The judge in Long Branch is the Honorable George Cieri. The Court Administrator is Terri L. Turner, CMCA. Long Branch police make a lot of DWI and criminal arrests. A heavy amount of speeding and other traffic tickets are also issued in Long Branch.

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Lawyer for Deal Municipal Court If you have been arrested in Deal for drug possession or a DWI, call to speak with an experienced local defense lawyer right away. All juvenile arrests in Deal, along with adult CDS possession and all other crimes are heard in the Monmouth County Superior Court. Disorderly Persons offenses and traffic tickets are heard in the Deal Municipal Court. Deal Municipal Court is located in 190 Norwood Avenue 190 Norwood Ave. Deal, NJ 07723 Phone: (732) 531-1343. Session hours: Every Monday at 9:00 a.m. – 3:00 p.m. 2nd & 4th Monday at 9:00 am. Judge: Hon. Scott J. Basen. Prosecutor: Jason Shamy, Esq. Deal, New Jersey The Borough of Deal was incorporated in 1898, separating it from Ocean Township. The Census Bureau records its total area at 1.3 square miles, 6.20% of which is water. As per the 2010 census, there were 750 inhabitants, down from 1,070 in 2000. During the summer, the population rises to over 6,000. The January 2011 cost of living index was 37.8% higher than the national average. The median house or condo value in 2000 was $539,500. This rose to an estimated $938,929 in 2009. Homes valued between $400,000 and over $1,000,000 account for 87.80%. According to 2010 Housing Occupancy Statistics, as many as 44.75% out of 686 houses are vacant. The most common ancestries are Arab (22.6%), Italian (12.0%), Irish (10.1%), American (6.9%), German (4.8%), and Polish (4.6%). Deal possesses a significant number of Orthodox Sephardic Jews, mostly of Syrian origin. It has the highest percentage of Syrian Americans of any place in the nation. In the 2000 census, 16.4% of the residents cited this ancestry. The ethnic composition was 94.39% White and 5.05% Hispanic or Latino of any race. The median age registered in the 2000 census was 45 years. The age distribution was fairly even with 20.5% under the age of 18, 21.9% from 25 to 44, 23.0% from 45 to 64, and 26.7% 65 years of age or older. As of the 2000 census, 19.8% of the 434 households which had minors living with them. Most households (56.2%) were composed of married couples living together. Households of non-families and of individuals were 33.2% and 29.0%, respectively. Census data for 2000 show that the median household income was $58,472 and the per capita income $38,510. These rose to $76,887 and $51,326, respectively as of 2009 estimates. In 2000, median family income was $65,313. Male median income was $57,857 versus $27,813 for females. About 11.2% of the population was below the poverty line. Deal Criminal Stats In 2010, the Police Department consisted of 21 full-time law enforcement employees, including 17 police officers. The N.J. State Police Uniform Crime registered 60 major crimes. This results in a crime rate per 1,000 residents of 80.0 and a violent rate of 4.0. There were no murders, bias crimes or cases of domestic violence. The reports included 1 rape, 1 robbery, 1 assault, 19 burglaries, and 21 cases of police force. Additionally, independent data, which do not consider bias crimes, domestic violence or police force, show 35 thefts, 3 auto thefts and no arsons. The 2010 data for highest educational level of residents age 25 and over reveal that 8.58% did not complete high school. Holders of a bachelor’s degree were 20.83% versus 20.65% statewide. Those with a graduate degree were 9.19% versus 12.05% statewide. From 2005 to 2009, males engaged in retail trade (18%), wholesale trade (11%), and accommodation and food services (10%). Females worked in educational services (21%), health care and social assistance (18%), and retail trade (16%).

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Location: 13 Asbury Ave., Farmingdale, NJ 07727Phone: (732) 938-4078Fax: (732) 938-2023 Farmingale sees some traffic and speeding tickets and a few DWI arrests per month. The judge is the Honorable Debra Gelson. The prosecutor is Richard Kelly, Esq. The court administrator is Cathy Gaertner.

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