Refusal

Breath Test Refusal Lawyers in Holmdel NJ & Its Former Prosecutor

When an individual is extended the privilege of operating a motor vehicle, New Jersey law imposes an obligation that he or she consent to a breath test upon demand by law enforcement. The obligation is set forth at N.J.S.A. 39:4-50.2 and provides that an operator of a motor vehicle “shall be deemed to have given his consent to the taking of samples of his breath.”  The police officer must, however, possess reasonable grounds to believe that the accused has been operating a motor vehicle while intoxicated in order for the demand to be valid. The primary basis for formulating a belief as to whether or not someone is under the influence of alcohol is a series of tests that are commonly referred to as field sobriety tests and/or psycho-physical tests. If you want to defend a refusal charge, knowledge and skill in field sobriety testing would certainly be invaluable and that is why our firm should be a candidate for defending you. We have five (5) of the approximately fifteen (15) lawyers certified in field sobriety testing in our office. We also happen to employ three (3) 0f the five (5) certified instructors in field sobriety and also a former prosecutor in Holmdel, Nicholas Moschella. An attorney on our team is ready to assist you immediately at 732-450-8300. Do not hesitate to contact us as initial consultations are free.

Penalties for Refusal That Will Apply in Holmdel Municipal Court

Driving Privileges: any finding of guilty with respect to a refusal charge results in a mandatory license suspension under N.J.S.A. 39:4-50.4 and there is no provision for a conditional or work license in New Jersey. Your suspension will be 7-12 months for a first offense, 2 years for a second offense and 10 years for a third offense if you are found guilty in Holmdel.

Fines & Other Financial Consequences: the fine is $300-$500 for a first offense, $500-$1,000 for a second offense and $1,000 for a third offense. There are also assessments from the Alcohol Education & Rehabilitation Fund of $100 and $75 for the Safe Neighborhood Fund. A motor vehicle surcharge of $1,000 a year for three years applies to a first and second offense, and $1,500 a year for three years on a third offense.

Jail: the refusal penalty statute, N.J.S.A. 39:4-50.4, currently has no provision for jail. The legislature is, however, revisiting this issue and there is a proposal to impose jail for a second and third offense similar to a DWI.

Holmdel NJ Refusal Defense Lawyer

If you were charged with refusing to provide a breath sample in Holmdel, we are prepared to mount a potent defense on your behalf.  A refusal lawyer at our firm is prepared to go over all of the facts of your charge and to formulate a comprehensive plan to avert a conviction under 39:4-50.4. To speak to one of our Holmdel DWI Lawyers now, call our office at 732-450-8300. A member of our staff will be more than happy to assist you.