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Category: Blog

Published: Wednesday, 29 June 2016 23:22

Written by Joseph F. Morgano

Can You Beat Your NJ Traffic Ticket?

If you have been issued a NJ traffic ticket for a moving violation, assuming no court appearance is required, you will have the option to either pay the ticket or appear in court to dispute it.  If you pay the ticket without appearing in court, your are pleading guilty and accepting the points on your license.  If you, however, plead not guilty and appear in court, you will be given the opportunity to present your case to the prosecutor.  If you can not reach an agreement with the prosecutor, you may elect to appear before the judge and have a trial. Having an attorney represent you in NJ municipal court can greatly improve your chances of getting the points reduced or eliminated.  Typically, your attorney will discuss the case with the prosecutor which often leads to a reduction or elimination of points on your NJ driver's license.  Additionally, having an attorney will make the process go much smoother and faster.  Without representation, you will probably be waiting in court for an extended period of time, depending on how heavy the docket is in that particular court.  Having representation will get you through the process swiftly since the court will dispose of the attorney-cases first.  This is not preferential treatment, it is simply because that is the directive that the municipal courts have been given by the NJ Supreme Court.  While it may seem like a lot of trouble to appear in court for a traffic ticket, the inconvenience is out-weighed by the potential benefits. Having points on your NJ driver's license can result in loss of license and higher insurance rates.  (See NJ Point Schedule for All moving violations) We handle all NJ motor vehicle tickets and would like to assist you with your case. 

If you would like to discuss your NJ ticket, please call us for a free consultation.

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Category: Blog

Published: Saturday, 25 June 2016 04:08

Written by Joseph F. Morgano

Can You Go to Jail for a DWI in New Jersey?

If you are convicted of a DWI in New Jersey, you may face jail-time. For a first offense, jail-time is generally not imposed, however, the court has discretion to impose a jail sentence of up to 30 days. For a second offense, there is a mandatory jail sentence of 48 hours, and at the discretion of the court, can be up to 90 days. If a jail sentence is imposed for a first or second offense, the court may approve a release into a work release program. For a third offense, there is a mandatory jail sentence of 180 days. However, the court has discretion to reduce the jail sentence by the number of days spent in a drug or alcohol rehabilitation inpatient program, not exceeding 90 days. Additionally, there are enhanced jail sentences for a DWI conviction where the offense was committed within a school zone. (within 1000 feet of a school) The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction in New Jersey. (See full NJ DWI Statute)

If you would like to discuss your case in detail, please contact us for a free consultation.

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Category: Blog

Published: Saturday, 25 June 2016 04:57

Written by Joseph F. Morgano

Do You Need an Attorney for a NJ DWI?

If you are charged with DWI in New Jersey, you will be facing consequences that can impact your life for years to come. It is important that you have effective representation so that the potential consequences can be reduced to the minimal sentence allowed by the court. As discussed in other articles, there are situations where the court has discretion with respect to sentencing and situations where the court does not have discretion. With effective counsel in your corner, you may be able to beat your DWI, or obtain the minimal sentence that a court is permitted to impose. Each case of course, must be evaluated on an individual basis. 

If you would like to discuss your NJ DWI, please call us for a free consultation.

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Category: Blog

Published: Friday, 01 July 2016 19:16

Written by Joseph F. Morgano

DUI Vs. DWI in NJ

A common question many people have is, what is the difference between DUI and DWI in NJ.  In NJ we have DWI (Driving While Intoxicated).  Other states have DUI (Driving Under the Influence).  There is no difference other than the terms used.  While in NJ it is correctly referred to as DWI, the terms are used interchagably.  There is one set of laws in NJ governing DWI, whether it is refered to as DWI or DUI.

If you would like to discuss your case, please call us for a free consultation. 

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Category: Blog

Published: Saturday, 25 June 2016 04:45

Written by Joseph F. Morgano

How long do you lose your license for a DWI in New Jersey?

If you are convicted of or you plead guilty to a DWI in New Jersey, the duration of loss of license can vary depending on certain factors. One factor is the BAC (breath alcohol content) level, if you have submitted to a breathalyzer test. If you're BAC level is .08 or higher, but less than .10, the duration of loss of license is until an interlock is installed. (For first offense only)  If you're BAC level is .10 to .14, the duration of loss of license is until an interlock is installed. (For first offense only)  If you you're BAC level is .15 or higher, the duration of the loss of license is 4 to 6 months. (First offense only) Another factor consider is whether you have prior DWI convictions. The duration of the loss of license for a Second offense is 1 to 2 years, and 8 years for a third offense. There are other issues that can affect the duration of loss of license, and of course there are other penalties in addition to loss of license. (See full NJ DWI Statute)

If you have questions about DWI in New Jersey, contact us for a free consultation.

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Category: Blog

Published: Thursday, 23 June 2016 20:28

Written by Joseph F. Morgano

How Many Points Do You Get For A DWI/DUI In NJ?

The answer, surprisingly to many is no DMV points, however, you will receive 9 insurance points.  DWI/DUI in New Jersey is not considered a moving violation for purposes of imposing points, such as speeding, careless driving, reckless driving, etc.  The DWI/DUI offense occurs when the intoxicated individual gets behind the wheel.  Even if you don't start the engine you can still be charged with DWI/DUI in NJ.  Thus, you do not need to be moving to be charged with DWI/DUI.  Of course when you are charged with DWI/DUI you may be given other citations such as speeding, careless driving or whatever the case may be, for which points would be imposed if convicted.

Please call us for an appointment if you would like to discuss your case.

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Category: Blog

Published: Friday, 01 July 2016 19:16

Written by Joseph F. Morgano

How Many Points is a Careless Driving Ticket in NJ?

If you are pulled over for careless driving in NJ, you may be issued a summons for violating 39:4-97. The penalty you will be subject to is 2 points.  Points on your NJ Diver's License can result in loss of license and higher insurance premiums. If you decide to contest the ticket in court, you could potentially end up with no points at all. (See NJ Point Schedule for All moving violations)

If you would like to discuss your careless driving ticket, or other NJ traffic tickets, please call us for a free consultation. 

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Category: Blog

Published: Friday, 01 July 2016 19:30

Written by Joseph F. Morgano

How Many Points is a Reckless Driving Ticket in NJ?

If you are pulled over for Reckless driving in NJ, you may be issued a summons for violating 39:4-96. The penalty you will be subject to is 5 points.  Points on your NJ Diver's License can result in loss of license and higher insurance premiums. If you decide to contest the ticket in court, you could potentially end up with less points, or no points at all. (See NJ Point Schedule for All moving violations)

If you would like to discuss your NJ reckless driving ticket, or other NJ traffic tickets, please call us for a free consultation.  

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Category: Blog

Published: Friday, 01 July 2016 18:33

Written by Joseph F. Morgano

How Many Points is a Speeding Ticket in NJ?

If you are pulled over for speeding in NJ, you may be issued a summons for violating 39:4-98. The points that you are subject to depends on how fast you were traveling. If you are exceeding the speed limit by: 1-14 mph, the penalty is 2 points; 15-29 mph, the penalty is 4 points; and 30 mph or more is 5 points. If you decide to contest the ticket in court, you could end up with less points or no points at all. (See NJ Point Schedule for All moving violations)

If you would like to discuss your NJ speeding ticket, or other NJ traffic tickets, please call us for a free consultation.

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Category: Blog

Published: Thursday, 23 June 2016 20:14

Written by Joseph F. Morgano

Should You Refuse To Take A Breathalyzer In NJ?

Many people have asked me whether or not they should have taken or refused to submit to a breathalyzer test.  Some people are under the impression that if you refuse the test then you cannot be charged with DWI/DUI.  That is not the case.  If you refuse to take a breathalyzer you can still be charged with DWI/DUI.  There are field sobriety tests that will be done, which will be video taped.  There are a host of factors that the officer will use to determine whether or not someone is intoxicated.  The problem with refusal is that there is additional loss of license and fines.  First offense 7 months to 1 year loss of license and fine of $300 to $500; Second offense 2 years loss of license and fine of $500 to $1,000; and Third offense 10 years loss of license and fine of $1,000.  If within 1000 feet of a school zone, duration of loss of license and fines are doubled.  So, it's a decision that everyone must make on their own, but keep in mind there is additional loss of license and fines. (See full NJ DWI Statute)

Please call us for an appointment if you would like to discuss your case.

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Category: Blog

Published: Saturday, 25 June 2016 04:33

Written by Joseph F. Morgano

What are the Fines for a DWI in New Jersey?

For a first offense, if your BAC (blood alcohol content) level is .08 or greater, but less than .10, the fine is a minimum of $250 up to $400. If it is a first offense and your BAC level is .10 or higher, then the fine is a minimum of $300 up to $500. For a second offense, the fine is a minimum of $500 up to $1000. If it is a third offense, the fine is $1000. The fines for a DWI in New Jersey are higher where the offense is committed within a school zone. (Within 1000 feet of a school). When the DWI offense was committed within a school zone, the fines are as follows: for a first offense, the fine is a minimum of $500 up to $800; for a second offense, the fine is a minimum of $1000 up to $2000; for a third offense, the fine is $2000. There may be other costs and penalties associated with DWI convictions, but the above fines are the statutory fines that will be imposed. (See full NJ DWI Statute)

If you have questions and would like to discuss your case in detail, please contact us for a free consultation.

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Category: Blog

Published: Friday, 01 July 2016 18:33

Written by Joseph F. Morgano

What Are The Penalties For Driving Without Insurance in NJ?

If you are charged with driving without insurance in NJ, you will be issued a summons for violating 39:6B-2. There are substantial consequences for violating 39:6B-2.  For a first offense, you will be subject to a fine of $300.00 to $1,000.00; community service for a period determined by the court; $250.00 per year, for 3 years, DMV Surcharge; and loss of license for one year. For a second offense, you will be subject to a fine of $5,000.00; community service for 30 days; loss of license for two years; $250.00 per year, for 3 years, DMV Surcharge; and fourteen days in jail. (See Full Statute)

If you would like to discuss your case, please call us for a free consultation. 

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Category: Blog

Published: Thursday, 23 June 2016 20:24

Written by Joseph F. Morgano

You Were Charged With DWI/DUI In NJ, Now What?

Some of the penalties resulting from DWI/DUI are loss of license, fines and possibly jail time.  How long you loose your license for depends on certain factors such as: Your BAC (Blood Alcohol Content) reading; Whether or not you have prior DWI/DUI convictions; Whether or not there was an accident involved and other factors.  (See full NJ DWI Statute)

Should You Get An Attorney?

Some of the fines and penalties have minimums and maximums.  Having an attorney handle your case can greatly benefit you.  Your attorney can most likely get you the minimums for fines and penalties.  In some cases you may be able to win your case with the charges being dismissed, or a not guilty verdict in the case of a trial.  Even if there are no grounds to successfully challenge the charges at a trial, having an attorney can lessen thefines and penalties that might otherwise be imposed if you do not have effective representation. 

Please call us for an appointment if you would like to discuss your case.