Holmdel DWI Lawyers

Experienced DWI Attorneys With A Former Holmdel Prosecutor on Staff

Being arrested for DWI can be extremely unnerving given the consequences of a conviction in New Jersey.  But our lawyers are ready to address your concerns and formulate a game plan to maximize the chances of a successful defense to your charge in Holmdel New Jersey. We are the largest DWI/DUI defense firm in Monmouth County, employ three who are among less than ten in the state that are dual certified on the Alcotest and as instructors in Field Sobriety Testing, and also offer representation from several former prosecutors from area. One of the attorneys on our team, Matthew Dorry, has even served in this capacity in Holmdel Township. The following is a brief summary of the DWI law that will apply in Holmdel Municipal Court. A Holmdel NJ DWI Lawyer at The Law Offices of Jonathan F. Marshall is prepared to discuss the law and your case in more detail at (732) 737-8487. The consultation is free.

New Jersey DWI Law: N.J.S.A. 39:4-50

In order to prove a violation under this statute, the prosecutor in Holmdel must prove that the accused was operating a motor vehicle when intoxicated or impaired. The first issue, operation, is usually rather straightforward. The defendant was either operating the vehicle or wasn’t in most cases. Aside from the situation where someone is sleeping in a vehicle, where the vehicle is sitting idle, or some other similar scenario, personal observations of the police officer, if believed, will establish the element of operation. The more contested issue in most case is the second one – establishing intoxication or impairment. This is usually established through a breath test reading demonstrating that the blood alcohol concentration of the motorist was above the legal limit of .08%. This is what is commonly referred to as a “per se” case. Where a breath test is unavailable, the ordinary avenue for demonstrating blood alcohol is by blood. It is important to keep in mind, however, that the state still has the ability to prove a DWI charge through Field Sobriety Testing. There are four (4) standardized tests that police are supposed to use in this regard and we are the only firm in the state with five (5) lawyers certified in these tests. The tests are called the horizontal gaze nystagmus test (i.e. used for probable cause only), the walk and turn test, the one leg stand test and the ABC test. Each of these tests have very particular instructions that are supposed to be given uniformly so as to avoid confusion and unfairness, although many police fail to adhere to these rules, something we know how to exploit. The results of the tests are also supposed to be measured in terms of “clues”. We find that arresting officers frequently have no idea how to properly score clues and this is another avenue which our lawyers, who are among very few in the state certified in the tests, are crafty in raising in the cases we handle.

The aforesaid is a summary of important points involved in DWI cases but is extremely abbreviated. Please give us a call with more detailed questions or to discuss the facts of your case with an attorney experienced in handling Holmdel DWI cases.