NEW JERSEY TRAFFIC VIOLATION DEFENSE LAWYER

When the average citizen commits an offense, it usually involves a violation of the traffic law. These type of offenses are handled in Municipal Court. Each Municipality in the State has a Municipal Court usually located at the Municipal Building with the Police Department. Traffic violations can be minor, such as speeding, parking in a loading zone, or more serious, such as reckless driving, driving without insurance or driving with a suspended driver's license. One of the most serious traffic offenses is DUI (Driving Under the Influence) of alcohol or drugs. Often, people choose to admit to the offense and pay the fine, as well as pleading guilty to the original traffic offense which may constitute DMV Points, surcharges, and suspension of their driving privileges. Almost all traffic tickets can be negotiated to an offense carrying less fines, lower points, and a lesser amount of time for loss of driving privileges.

Municipal Courts also handle minor criminal charges in New Jersey, which are called Disorderly and Petty Disorderly offenses. These are minor criminal charges such as simple assault, bad check writing, minor drug offenses, and harassment. The offenses are punished as follows:

Municipal Court Prosecutors can offer a diversionary pre-trial program called Conditional Discharge (CD). A CD is available to a defendant accused of a minor drug offense such as "under 50 grams of marijuana." It can only be accessed once and usually will not require a Guilty Plea, which would result in a mandatory six-month loss of driving privileges. After six to twelve months probationary period all charges are dismissed and the defendant can then move to expunge their record leaving their criminal history record (rap sheet) clear.

In New Jersey a defendant can be convicted of a DUI by having a blood alcohol level, which is at or above the State limit (which as of January 2004 is .08%), OR by failing the sobriety roadside tests currently referred to as "psycho-physicals." These tests usually entail reciting the alphabet backwards or forwards without singing it, heel to toe walking, holding one foot above the ground without loosing balance or using your arms outstretched for balance and a visual examination by the Police Officer (if he is certified to perform this test) of your eye movement called "Horizontal Gaze Nystagamus." There is NO Right to refuse to provide a breath sample or a sample of blood for the purpose of ascertaining a blood alcohol reading. Should a driver refuse they will be issued a Refusal ticket as well as a DUI ticket, and the penalties for both tickets can run consecutively.

The fines and punishment for DUI for a blood alcohol reading of at least .08% but less than .10% are:

The fines and punishment for a DUI for a blood alcohol reading of .10% and higher as well as driving under the influence of drugs are: