Essex County DWI Lawyer
Over a Decade of Experience Protecting Clients Against the Severe Penalties for DWI and DUI
In New Jersey, a DWI/DUI conviction can lead to jail time, fines and other penalties. But this doesn’t have to be the case. Regardless of the facts of your case, you have defenses available, and you can mitigate the consequences of your drunk driving arrest with the help of an experienced Essex County DWI lawyer.
Essex County DWI Lawyer, Scott Gorman, Explains 7 Critical Facts About Facing a DUI Arrest
1. New Jersey Imposes Severe Penalties for DWI/DUI.
Yes, jail time is a real possibility if you are facing a DWI/DUI charge in Essex County. If you are a first-time offender, you could be jailed for up to 30 days. If you are a repeat offender, you could be facing up to 180 days behind bars. This is in addition to the various other penalties for DWI/DUI under New Jersey law.
2. DUI/DWI is Not a Crime.
Despite these severe penalties, DWI/DUI is not a crime in New Jersey. However, a conviction will still go on your permanent record, and the fact that DWI/DUI is classified as a “traffic violation” rather than a crime means that you are not entitled to a jury trial.
3. The Municipal Court Process is Lengthy and Complex.
There are several steps in a DWI/DUI case in Essex County. While this means that your defense lawyer will have several opportunities to try to resolve your case favorably without going to trial, it also means that there are many opportunities for missteps along the way.
4. You May Have Multiple Defenses Available.
From challenging the results of your breath or blood tests to asserting your constitutional rights, there are multiple potential defenses to DWI/DUI in New Jersey.
5. You May Need to Assert Multiple Defenses.
In order to avoid a conviction, your Essex County DWI lawyer may need to assert several different defenses on your behalf, some of which will need to be asserted at an early stage of your case. For example, even if you are able to successfully challenge your breath or blood test results, you may still need to challenge other evidence that the prosecutor’s office may be able to use to convict you.
6. The Options for Removing a DWI/DUI from Your Record are Limited.
Drunk driving convictions are not eligible for expungement in New Jersey, and the grounds for challenging a DWI/DUI conviction are limited. This makes it all the more important to fight your charge all the way through trial if necessary.
7. Your Initial Consultation with an Essex County DWI Lawyer at The Gorman Law Firm is Free.
At the Gorman Law Firm, your initial consultation with defense attorney Scott Gorman is free. It is also completely confidential, and Scott can make arrangements to meet with you in person as soon as possible.
The Most Serious DUI Arrests: Vehicular Homicide and Manslaughter
If you’ve been drinking and you get behind the wheel of a vehicle, you put yourself at risk for injury and potential legal consequences, including jail time, fines and a criminal record. Additionally, you also put those around you on the road or in your vehicle at risk and if another person is killed as a result of your intoxicated driving, you could be held responsible. Without the help of an Essex County DWI lawyer, the penalties are very severe.
In New Jersey, vehicular homicide refers to the death of any person that was caused by someone else’s reckless behavior in operating a car or other motor vehicle. Reckless conduct is defined as any act that is made with a conscious disregard for the value of human life, and could be anything from driving drunk to ignoring speed limits or stop signs.
If a driver is acting recklessly, and his actions cause the death of another person, he can be charged with a second degree crime. These crimes can be penalized with a five to ten year prison sentence, and typically do include a period of incarceration as part of the sentence. Depending on the reckless acts that caused the death of the victim, the driver could be charged with aggravated manslaughter, which is a first degree crime. The circumstances that lead to aggravated manslaughter charges typically involve reckless acts that have an extreme indifference to the value of human life. First degree crimes can be penalized with a sentence of 10 to 30 years in a state prison.
Drivers who are convicted of first or second degree crimes for vehicular homicide or aggravated manslaughter are also subject to the No Early Release Act. This means that the drivers must serve up to 85% of their sentences before they can be eligible for parole.
For drivers who are operating their vehicles under the influence of drugs or alcohol, penalties for DUI/DWI crimes can also be assessed as part of a sentence. The driver may be subject to license suspension and fines along with their jail sentence.
Assault by Auto Clarified by Our Essex County DWI Lawyer
For DUI accidents and other car accidents that result in injuries but not the death of that person, assault by auto is the usual charge. How this charge is handled depends on the severity of the injuries sustained, and the conduct of the driver. If the reckless behavior of the driver caused minor cuts, bruises, and other small injuries, he could be charged with a disorderly person’s offense, and sentenced to up to six months in jail, and a $1,000 fine.
However, if the driver is drunk when this accident happens, and causes minor injuries, the charges can be escalated to DWI/DUI assault by auto, which is a fourth degree crime. DUI assault offenders could spend up to 18 months in jail, and pay fines of up to $10,000.
If you’re ever charged with harming or fatally injuring another person as a result of a car accident or reckless driving behavior, get in touch with an Essex County DUI lawyer to discuss your options for defense. The penalties for assault by auto and vehicular homicide and manslaughter are very severe, and can be even worse when compounded with drunk driving charges, so it’s important that you know your options.
Schedule Your Free Initial Consultation with Essex County DWI Lawyer Scott Gorman
If you need experienced legal representation for a DWI/DUI case in Essex County, contact us now to schedule your free initial consultation with with Essex County criminal defense attorney Scott Gorman. Call 201-489-9199 or tell us how to reach you to start working on your defense today.