New Jersey DWI Lawyer Blog

Our dwi defense team represents many individuals who are categorized as multiple offenders. It is not uncommon to represent someone on their fourth, fifth or even sixth DWI. This was the case of someone we recently defended in Wall New Jersey on a offense. While the case resolved with our client being subject to a license suspension, the case was nevertheless a victory in our client’s eyes as she avoided the mandatory 180 day jail term that exists for a Third or Subsequent offense. Indeed, the original charge was PD’s Fourth.

So how did we avoid the jail despite the client ultimately being found guilty of DWI under N.J.S.A. 39:4-50? This question cannot be answered easily as achieving such a result was a long process that took considerable work and more than one victory. The process involved post-conviction relief whereby we challenged the client’s prior convictions. We were successful in two of the prior courts so that those convictions, the clients first offense and third offense, could not be utilized for purposes of imposing jail. In other words, the convictions had to be disregarded insofar as jail time was concerned. The client was thus treated as a second offender for purposes of jail.

Defending a third or subsequent DWI is a much more complicated process than a first or even second offense. In order to properly handle the case, it typically turns into multiple cases; challenging each and every prior case and attempting to have the convictions vacated and/or modified so that they cannot be utilized against a client. This is precisely what we successfully did in this Wall Township case and do in all third offender plus cases.

If you have been charged with driving while intoxicated in Wall NJ, the attorneys at our firm, the Law Offices of Jonathan F. Marshall, have the skills you need to insure that you have the best opportunity for success in defending your case. We not only have the largest DWI defense team in Monmouth County but the entire state. It also should be noted that we have over 100 years of combined experience defending charges in Wall and are former prosecutors in 25 plus municipalities in the area. As if these qualification were not enough, consider the following:

• We are the only firm in NJ with five (5) attorneys who are certified on the Alcotest Breath Test Machine (we cannot identify another office in the county with anything more than 1 individual who is Alcotest certified);
• We employ 3 of the 5 lawyers in the state who are certified instructors in Standardized Field Sobriety Tests, which is the only other basis for proving a DWI if the breathalyzer readings are eliminated;

The Township of Tinton Falls, which is located in the municipality just adjacent to our main office in Red Bank, ranked fourth in DWI arrests in Monmouth County for the nine month period ending in April 2012. The Municipal Court is presided over by the Honorable Richard Thompson, a jurist that the attorneys on our staff have appeared before countless times, as he has many towns in the county and we are the largest driving while intoxicated defense firm in the area. In fact, there are attorneys on our staff that have even served as prosecuting attorneys before Judge Thompson. This should not be construed as establishing some sort of special relationship but rather that we are very familiar with the court’s practices with DWI cases in Tinton Falls and what we are likely to be confronted with.

If you are looking for qualified defense lawyers to defend a first offense, second offense or even third offense of driving while intoxicated offense in Tinton Falls, we certainly offer some of the very best in the entire state. Consider the following: 5 of the approximately 50 attorneys certified on the Breath Test machine are at our firm; 3 of the 5 lawyers certified as instructors in Standardized Field Sobriety Tests are on our staff; we actually own the only New Jersey version of the Alcotest Breath Test machine to experiment with; we possess over 100 years of collective experience defending DWI in Tinton Falls; and we are former prosecutors in over 25 area municipalities in the area. These combined qualifications are exceptional and probably cannot be substantiated by another firm in New Jersey, let alone one located in the town right next to Tinton Falls. If you are looking for experience and real credentials, then our firm, the Law Offices of Jonathan F. Marshall, is definitely an entity you should consider for handling your first offense, second offense or even third offense or subsequent offense. Indeed, you cannot plea bargain a DWI in NJ so success is only derived by effective challenging the prosecutor’s case, something that experience and skill can prove invaluable in achieving.

The fines, assessments and monetary penalties are stiff if you simply roll over on your driving while intoxicated charge. You are facing a minimum surcharge of $1,000 a year for three years, fines and assessments of between $800 and $1,500, and increased insurance rates. There is also a mandatory drivers license suspension of 3 months to one year for a first offense, 2 years for a second offense, and 10 years for a third offense (or subsequent one). Jail is discretionary on a first offense but a mandatory 2-90 days for a second offense and 180 days for a third offense. With these consequences hanging over a person’s head, not to mention the stigma that may attach from a conviction (e.g. employment issues), you need the best lawyer you can afford to handle your Tinton Falls DWI. We would like to believe we present an formidable option in this regard and invite you to contact our office to speak to an attorney free of charge. Do not hesitate to contact us anytime as lawyers from our firm are available 24/7 by telephone.