Piscataway Township First Offense DWI Attorneys
Are you or someone you love currently facing a first offense DWI charge in Piscataway Municipal Court? You are not alone. In the past year alone, 2014, Piscataway Township Municipal Court heard nearly 100 cases, 97 specifically, which is an increase of 56% from the previous year. The reasons that Piscataway annually charges so many persons with DWIs should come as no surprise. Not only is Piscataway located on major New Jersey highways, like Rt. 18 and Rt. 287, at least in the fall and spring it is the home to many a Rutgers student and the home of HighPoint Solutions Stadium, where Rutgers annually faces it’s BIG 10 rivals. Whether you are a student, though, a fan, or someone simply passing through Piscataway who happened to receive a DWI ticket, the consequences of a conviction are severe. You cannot afford to be without the best representation possible.
Here at the Law Offices of Jonathan F. Marshall, we believe that our over 100 years of collective experience and track record of successful resolutions for our clients speaks for itself. With a number of former prosecutors and criminal defense attorneys, who have been practicing for decades, we know the ins and outs of DWI law, how best to attack the prosecution’s case, and how best to obtain you the most favorable result possible. A number of our attorneys are even certified in field sobriety testing and the operation of the breathalyzer test, the Alcotest 7110, and will be able to walk through with you the circumstances of your arrest to make sure that the prosecution did not cut corners or deny you your rights. To receive a free consultation with an experienced attorney about the particulars of your Piscataway Township DWI, please call us today.
All DWIs, whether they occur in Piscataway or elsewhere, are governed by NJSA 39:4-50. This statute makes it illegal for a person to operate a motor vehicle while intoxicated. This means that there are really two elements to every case. The prosecution must prove operation and it must prove intoxication. The operational element is usually rarely in dispute and can be proven in three distinct ways. In some cases, even, the prosecution need not even show operation, if they can show intent to operate a motor vehicle. This result is mandated by the fact that the law does not require an officer to allow a noticeably drunk person get behind the wheel of a vehicle and drive before they can make an arrest.
As for intoxication, this too can be shown in one of three ways that warrant going into greater detail. The first of these ways is through the use of Field Sobriety Testing. Most people are familiar with these tests and probably have even comically tried to do them before by stating the alphabet backwards or walking a straight line while drunk with friends. Typically officers do not rely on these tests alone, though, and therefore the bulk of the work is done by the breathalyzer test, the Alcotest 7110, which provides the most accurate readings of person’s BAC. These results are deemed scientifically reliable in a court of law and their usage has been repeatedly upheld, however, police officers are required to follow a very specific procedure or else the results could be skewed and, ultimately, abandoned. The final way that intoxication may be proven is through a blood draw, but New Jersey’s implied consent law that applies to the breathalyzer does not extend to blood draws and, therefore, you cannot be forced to submit to one without a warrant.