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DWI Defense

Defending NJ DWI cases since 1996.

If you have been charged with DWI in NJ, appearing in court with an attorney can result in a more favorable outcome. Some of the consequences are loss of license, fines and possibly jail time. Having an attorney fight your case, will often lead to better results. Some of the issues relating to DWI defense are discussed below.

Loss of License

If you are convicted of or you plead guilty to a DWI charge, the duration of loss of license and interlock requirement 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 device is installed in your vehicle. (For first offense only)  This is known as a Tier 1 DWI. If you you're BAC level is .10 to .14, the duration of the loss of license is until an interlock device is installed in your vehicle. (For first offense only)  This is known as a Tier 2 DWI. If you you're BAC level is above a .14, the duration of the loss of license is 4 to 6 months. (For first offense only)  This is known as a Tier 3 DWI. Another factor considered is whether you have prior DWI convictions. The duration of the loss of license for a Second offense is one to two years, and eight years for a third offense. Where the offense was committed within a school zone (within 1000 feet of a school), the loss of license is as follows: First Offense, 1 to 2 year loss of license; Second Offense, 4 year loss of license; Third Offense, 20 year loss of license. 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.

Fines

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 are higher where the offense is committed within a school zone (Within 1000 feet of a school). Where the 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.

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 (60 days if within a school zone). 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 (4 to 180 days if within a school zone). 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. The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction.

IDRC (Intoxicated Driver Resource Center)

For first offenders, the court will impose a period of detainment of 12 to 48 hours at IDRC. Detainment will be six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers.

Community Service

For a second offense, the court will impose a 30 day period of community service (60 days if within a school zone).  The court will determine the nature of the community service, as it deems approriate under the particular circumstances.

Prior Offenses

Prior convictions will be used for sentencing purposes unless the subsequent offense occurred more than 10 years after the prior conviction.

Out-of-State Convictions

Out-of-state prior convictions will be used for sentencing purposes unless the subsequent NJ offense occurred more than 10 years after the prior out-of-state conviction.  Additionally, the out of state prior conviction will not be considered if the conviction was based exclusively on a BAC level of less than .08.

Ignition Interlock Device (NJ Statute: 39:4-50.17)

First Offense

If you're BAC level is .08 or higher, but less than .10, then Installation of an interlock device for three months. If you're BAC level is .10 to .14, then Installation of an interlock device for seven months to one year. If the BAC level is 0.15% or greater, a mandatory installation of ignition interlock device during license suspension and for 9 to 15 months following restoration.

Second Offense

Mandatory installation of ignition interlock device during license suspension and for 1 to 3 years following restoration.

Third Offense

Mandatory installation of ignition interlock device during license suspension and for 1 to 3 years following restoration.

Failure to Install Interlock Device (NJ Statute: 39:4-50.19)

Failure to install an interlock device will result in an additional 1 year suspension of driver's license.  Additionally, a person who drives the vehicle after it has been started by any means other than blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for an additional 1 year.

Refusal to Submit to Breathalyzer ( NJ Statute: 39:4-50.4)

First Offense

Loss of license until an interlock device is installed, fine of $300 to $500 and installation of an interlock device for 9 to 15 monnths after restoration;

Second Offense

1 to 2 years loss of license, fine of $500 to $1,000; and installation of an interlock device for 2 to 4 years after restoration;

Third Offense

8 years loss of license, fine of $1,000 and nstallation of an interlock device for 2 to 4 years after restoration;

If within 1000 feet of a school zone, duration of loss of license and fines are doubled.

Underage Drinking and Driving ( NJ Statute: 39:4-50.14 )

BAC of More Than .01 but Less Than .08

30 to 90 days loss of license;

15-30 days community service; and

Satisfaction of IDRC.

If BAC level is .08 or greater, than these penalties will be in addition to the standard DWI penalties.

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

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Traffic Ticket Defense

Defending NJ Traffic Tickets since 1996

Joseph F. Morgano defends traffic tickets in all New Jersey municipal courts. If you were issued a traffic ticket, for a motor vehicle offense, we may be able to get your points reduced or eliminated. Points on your NJ driver's license may result in higher insurance rates and loss of license.

What are your options?

Assuming no court appearance is required, you will have the option to either pay the ticket or appear in court to dispute it.

What to expect in Court? 

If you decide to go to court and plead not guilty, you will be given the opportunity to speak to the prosecutor about your case.  If negotiations with the prosecutor fail, you will be given the opportunity to appear before the judge and have a trial. If you choose to have an attorney represent you, it will likely improve your chances of getting the points reduced or completely eliminated.  Initially, your attorney will discuss the case with the prosecutor, which typically results in an offer to plead guilty to a lower charge. The result is usually a reduction or elimination of points on your NJ driver's license.  Another benefit of having an attorney is that the process will go much smoother and faster.  Without an attorney, you will probably be in court for hours, depending on the caseload of that particular court.  An attorney will get you through the process much faster. This is because the court handles the attorney-cases first. The reason for this is because the NJ Supreme Court has instructed the municipal courts to handle all attorney-cases first. Although it may be tempting to pay your traffic ticket without appearing in court, there are benefits to hiring an attorney to defend your case.

Common NJ Traffic Tickets

Careless Driving (NJ Statute: 39:4-97) 2 Points

Reckless Driving (NJ Statute: 39:4-96) 5 Points

Failure to Observe Traffic Signal (NJ Statute: 39:4-81) 2 Points

Failure to Stop for Traffic Light (NJ Statute: 39:4-105) 2 Points

Failure to Observe Stop or Yield Signs (NJ Statute: 39:4-144) 2 Points

Improper U-Turn (NJ Statute: 39:4-125) 3 Points

Improper Right or Left Turn (NJ Statute: 39:4-123) 3 Points

Improper Turn at Traffic Light (NJ Statute: 39:4-115) 3 Points

Failure to Observe Traffic Lanes (NJ Statute: 39:4-88) 2 Points

Improper Passing in No Passing Zone (NJ Statute: 39:4-86) 4 Points

Speeding (NJ Statute: 39:4-98)

1-14 mph over the limit, 2 Points;

15-29 mph over the limit, 4 Points;

30 mph or more over the limit, 5 Points.

Driving While Suspended (NJ Statute: 39:3-40)

First Offense

$500.00 Fine; Up to 6 Months Loss of License; $750.00 DMV Surcharge; and 9 Insurance Points.

Second Offense

$750.00 Fine; Up to 6 Months Loss of License; $750.00 DMV Surcharge; Jail 1 to 5 days; and 9 Insurance Points.  If 2nd offense is within 5 years of the prior offense, than revocation of registration for duration of license suspension.

Third Offense

$1,000.00 Fine; Up to 6 Months Loss of License; $750.00 DMV Surcharge; Jail 10 days; and 9 Insurance Points.  If 3rd offense is within 5 years of the prior offense, than revocation of registration for duration of license suspension.

Accident Inolved With Personal Injury

45 to 180 days in jail if there is an accident involved which results in personal injury.

Accident Inolved With Serious Personal Injury

If there is an accident involved which results in serious personal injury, than it will be treated as a fouth degree crime (See Criminal Defense).  There will also be an additional 1 year loss of license.

Accident Inolved Where Death Results

If there is an accident involved which results in death, than it will be treated as a third degree crime (See Criminal Defense).  There will also be an additional 1 year loss of license.

If Suspension Was Due to Driving Without Insurance

If the reason a defendant was on the suspended list was due to driving without insurance, than a $500.00 fine; loss of license for 1 to 2 years; and jail up to 90 days.

If Suspension Was Due to DWI

If the reason a defendant was on the suspended list was due to a DWI, than a $500.00 fine; loss of license for 1 to 2 years; and jail for 10 to 90 days.

If Suspension Was Due to DWI Within a School Zone

If the reason a defendant was on the suspended list was due to a DWI, and is within a school zone, than a $500.00 fine; loss of license for 1 to 2 years; jail for 60 to 90 days for a first offense; jail for 120 to 150 days for a second offense; and jail for 180 days for a third offense.

Driving Without Insurance (NJ Statute: 39:6B-2)

First Offense

$300.00 to $500.00 Fine; 1 year Loss of License; $250.00 per year, for 3 years, DMV Surcharge; and community service for a period to be determined by the court.

Second Offense

$5,000.00 Fine; 2 years Loss of License; $250.00 per year, for 3 years, DMV Surcharge; community service for 30 days; and 14 days in jail.

If you were issued a traffic ticket in NJ, contact us for a free consultation.

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Real Estate Closings

Handling Real Estate Closings Since 1996.

If you are buying or selling a home, or refinancing your present home, it is important to have an attorney represent you throughout the process. Initially, there is the attorney review period wherein the contract of sale will be reviewed and negotiated. There will then be the inspection period wherein the buyer will perform an inspection of the property. This will often lead to additional negotiations regarding repairs. Other aspects of the process are the acquisition of the title policy; the mortgage contingency period; the mortgage closing and the closing of title. There are many nuances to the representation depending on the type of transaction it is. The types of transactions vary greatly and should be treated accordingly on a case-by-case basis. Whether you are buying, selling or refinancing, we will represent your interest.

Please call to discuss all of your real estate transactional needs.

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Criminal Defense

If you have been charged with a crime or disorderly persons offense in, it is essential that you have legal representation. The repercussions of conviction may include fines, penalties, probation, jail-time, a criminal record and other negative consequences. A criminal record can also effect your ability to get a job or join the military.

Joseph F. Morgano handles criminal cases in the NJ Superior Courts and Municipal Courts, including: drug charges; shoplifting charges; assault charges; probation violation; and other types of criminal cases.

Is your case serious?  My opinion is that all criminal charges are serious, even if you are not facing jail-time.  The seriousness of your charges is something you will discuss with your attorney, however, the following is a breakdown of how the NJ criminal system classifies criminal offenses.

Crimes

Crimes are classified as first, second, third or fourth degree, and are handled in the Superior Court (County Court) of New Jersey. (NJ does not use the classification of "felony", however, a "crime" is the equivalent of a "felony").

Disorderly Persons Offense (DP)

Disorderly Persons Offenses are not considered "crimes" in NJ, however, they are considered to be criminal charges.  Disorderly persons offenses are handled in the NJ Municipal Courts. (NJ does not use the classification of "misdemeanor", however, a "disorderly persons offense" is the equivalent of a "misdemeanor").

Petti Disorderly Persons Offense (PDP)

Petti Disorderly Persons offenses are the same as above but are not as serious. Petti disorderly persons offenses are handled in the NJ Municipal Courts.

Borough Ordinance Violation

Borough Ordinance Violations are the least serious and are handled in the NJ Municipal Courts. An example of a Borough Ordinance would be where a municipality has prohibited playing loud music at your home after a certain time of the day.  If you violate a borough ordinance, the sentence will usually be a fine.

Sentencing

First Degree.  10 to 20 years in prison;

Second Degree.  5 to 10 years in prison;

Third Degree.  3 to 5 years in prison;

Fourth Degree.  Up to 18 months in prison;

Disorderly Persons Offense.  Up to 6 months in jail; and

Petti-Disorderly Persons Offense.  Up to 30 days in jail.

If you have a criminal matter you would like to discuss, please call for an appointment.

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Personal Injury

If you have been injured in an accident, you may be entitled to compensation.  We handle various types of personal injury matters such as:

Auto Accident   Motorcycle Accident

Negligence   Slip and Fall   Dog Bite

Please call for a free consultation.

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Worker's Compensation

Were you involved in a NJ work related injury?

You may be entitled to:

1. Temporary disability while you are out of work;

2. Paid medical bills; and a

3. Permanency award of compensation. 

Please call to discuss your case.

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Debt Collection

Unfortunately, it is sometimes difficult for a business or individual to collect money that is contractually owed for services or goods.  If you have a collection matter that you need assistance with, please call for a free consultation.

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Property Tax Appeals

Paying Too Much For NJ Property Taxes?

Often times, homeowners are paying property taxes that are too high, in relation to other comparable properties in their area. Many homeowners are not aware that they may be entitled to a reduction in their property taxes. We can appeal your property assessment in an effort to get your property taxes reduced.

Filing Deadline

The filing deadline to file a NJ property tax appeal is generally, April 1st of the tax year. (January 15 for Monmouth County)

Will There Be a Hearing?

Once a NJ property tax appeal is filed, a hearing will be schedule by the county tax board.  However, it is often the case where the tax assessor and municipal attorney offer to settle on a revised property assessment.  If the matter is resolved by way of settlement, than the hearing will still take place, but the home owner will not have to attend.

Please contact us for more information.

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Expungements

If you have been convicted or plead guilty to a crime or disorderly persons offense in NJ, we can assist you in getting it expunged from your record.  A criminal record can adversely effect many areas of your life, such as, your ability to get a job or join the military.

If you would like to know more about expungement, please call for a free consultation.

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Name Change

If you wish to change your name In NJ, we can assist with the process.

For more information, please call for a free consultation. 732-263-9300.