DWI charges are classified as motor vehicle rather than criminal violations in the state of New Jersey. However the accompanying consequences are tougher than the majority of disorderly persons penalties. This is because, unlike criminal in criminal law, New Jersey courts do not allow for any type of plea negotiations for DWI cases. Additionally, while criminal cases are tried before a jury of peers, which leads to a high threshold of proof (such as ‘beyond a reasonable doubt’), DWI cases are tried before a municipal court judge. This leads to a significantly lower threshold of proof that must be met in order for the prosecution to gain a conviction. This is just one reason as to why it is absolutely critical to retain an experienced DWI defense firm to handle your case. The expert DUI lawyers and former prosecutors at the The Law Offices of Jonathan F. Marshall have successfully handled thousands of DWI cases. Additionally, many of our lawyers are among a handful of lawyers in the state that hold valuable dual certification as Instructors for Standard Field Sobriety Testing (SFST) as well as for the operation and proper maintenance of the Alcotest machine, the mechanism by which police in NJ measure BAC%. These unique qualifications allow our attorneys to analyze your case and customize your defense to your specific facts and needs. Please contact us at 855-450-8310 to speak with an experienced DWI attorney in order to discuss your case on a free initial consultation.
Southampton NJ Drunk Driving and Refusal Charges
Every year, Southampton Township issues among the highest number of summonses for DWI summonses in Burlington County as well as in the entire state of New Jersey. This is likely due to its location as a “crossroads” between Burlington and Ocean Counties and inclusion of major roadways within its borders, as well as an active state and local police presence. If you have been charged with drunk driving within the town limits then you will have to report to Southampton Municipal Court where the case will inevitably be heard. DWI cases can last for several months and even over a year when they contain unique or complex facts. This can also be due to the very serious penalties and the voluminous discovery that can often take weeks or even months to retrieve and analyze. It is important to remember that it is the state’s burden to prove the case against you.
The state will typically seek to prove a DWI in two ways:
- Standard Field Sobriety Testing/ Observations
- One Leg Stand
- Walk and Turn
- Horizontal Gaze Nystagmus (Eye Test)
- Slurring speech
- Bloodshot eyes
- Odor of alcohol on breath
- Stumbling or fumbling license, insurance, or registration papers
- The Alcotest 7110 Machine
- If he reading shows a BAC of .08% or higher is a per se violation
- Note – In a refusal case, or the reading was suppressed because of mechanical or human error, then the DWI can still be proven by the SFST’s and the officer’s observations.
Southampton New Jersey Second Offense DWI Lawyers
At The Law Offices of Jonathan F. Marshall, our attorneys utilize a strategy of defense that hinges upon our expertise in pinpointing technicalities associated with mechanical or human error in administering a SFST or Alcotest. We then exploit them to create problems with the state’s case against you. The state must prove certain elements, so it is our goal to block those elements from the state’s proofs. If the state fails to prove the listed elements, then the DUI charge may be significantly diminished or even dismissed in its entirety. If you would like gain more information about how our attorneys can help to build a strategy customized to your particular case then please give us a call at 855-450-8310.
