New Jersey Judge Barred from Hearing DWI Cases

New Jersey law enforcement takes drunk driving very seriously. If you or someone close to you has been charged with driving while intoxicated (DWI), you need to reach out to an experienced New Jersey DWI attorney for skilled advocacy. With extensive experience in this area of law, we will explore every avenue to fight the charges against you.

In New Jersey, a person can be charged with a DWI when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are under 21 years old, the legal limit is 0.01 percent. For a commercial driver, the legal limit is 0.04 percent.

Last year, we wrote about a Municipal judge in New Jersey who allegedly went on an expletive-filled rant when he was approached by cops under suspicion of a DWI. W.B. was pulled over on the shoulder of I-80 in Teaneck on Westbound at 2:13 a.m. on November 12, 2016. When an officer approached the vehicle, W.B. was asleep behind the wheel. The officer noted that a “strong order” of alcohol was emanating from Benitez’s breath and his eyes were bloodshot. The cop then put W.B. through a variety of field sobriety tests, which he failed.

At this point, the officer claimed that W.B. was agitated and told the police he was a judge. When the cop tried to arrest him, W.B. allegedly walked away and when cops told him he was under arrest, he began screaming at the cops using profane language. Now, W.B., a judge who works in Belleville and East Orange, has been banned from hearing DWI cases for an entire year.

How you act when you are stopped or pulled over for a DWI can significantly impact your case. If you refuse to take a breathalyzer test when ordered to do so by law enforcement, for example, you will be charged with refusing. Refusing to submit can include the following: a response that is unclear or conditional; an explicit refusal; or silence. In other words, if you are not unequivocally agreeing to a breathalyzer, you are refusing.

Under New Jersey’s implied consent statutes, once you sign for your driver’s license, you have agreed to comply with a police officer’s demands during a traffic stop. As such, under the “implied consent” laws, refusing a breath test carries its own penalties, which are as harsh as penalties for DWI. A refusal conviction can result in a 7-12 month suspension of your driver’s license, hefty fines, mandatory alcohol education and mandatory installation of an ignition interlock device. A conviction for refusal will also go on your permanent record.

If you or someone close to you has been charged with a DWI or refusal to submit to a breath test, you need to reach out to a seasoned New Jersey DWI attorney who can help. Our firm represents clients in all sorts of DWI related offenses and you can rest assured that we will build the strongest possible defense in your case. New Jersey drunk driving laws are complex and having the right lawyer on your side can make all the difference. To discuss your case with us directly, call us 877-450.8301 or contact us online.

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