Want Representation From A DWI Attorney Who Served As The Edison Municipal Court Prosecutor? Our Defense Team Has Precisely What You Want.
Our law office has been representing clients charged with driving while intoxicated (“DWI”) and related offenses in Edison Township for decades and quite successfully. Our team consists of a number of former DUI prosecutors, including William Wachowski, who served in Edison Municipal Court for quite some time. You would also be interested in knowing that Colin Bonus, the Head of our DWI Department, is one of approximately four (4) lawyers statewide who specialize exclusively in DWI defense and he has over 30 years experience. He also happens to be a lifelong resident of Middlesex County.
The combination of these qualifications, as well as several other attorneys who are certified on both the Alcotest and in Standardized Field Sobriety Testing (“SFST”), make for a highly formidable team with a long track record of successfully defending Edison NJ DWI charges. We stand ready to not only educate you regarding the charge you are facing but also to fight to make sure that the potentially life-damaging consequences of a N.J.S.A. 39:4-50 conviction never come into play. Our Edison DWI attorneys can help you with whatever variety of DWI issue you may be facing, including a:
- First Offense DWI in Edison
- Second Offense DWI in Edison
- Third Offense DWI in Edison
- Edison Driving Under the Influence of Drugs
- Edison NJ Underage DWI
- DWI in a School Zone in Edison NJ
- Edison Township Breathalyzer Refusal Attorney
- Marijuana DUI in Edison
Attorneys With Unique Qualifications In DWI Defense To Ensure Success In Edison Township Municipal Court
It should be readily apparent that the Law Offices of Jonathan F. Marshall is capable of providing an exceptional DWI defense so that you have every chance of preserving your New Jersey driving privileges and avoiding needless other penalties. Contact our Edison Office (732) 248-7675 if you have been charged with DWI, DUI or a similar offense. A Edison NJ criminal attorney at our law office is ready to take your call 24/7 and initial consultations are always free of charge.
Edison DUI Charges
The law that governs a DWI violation in New is set forth at N.J.S.A. 39:4-50. Under this statute, a person commits a DWI offense where they operate a motor vehicle while intoxicated. Therefore, there are essentially two elements that the prosecution will have to show to uphold a conviction for DWI. These two elements are operation and intoxication.
The operational element of the offense is often easy for the prosecution to prove. They have three methods of accomplishing this, each of which is fairly obvious and fairly easy to establish. The first method involves direct evidence of operation. This is established where an officer witnesses the accused actually operating a motor vehicle prior to their arrest. The second method that the prosecution may use is through admission of the driver or someone else in the vehicle that the accused was operating the vehicle.
The third and final method that the prosecution may use is the admission of circumstantial evidence. This means that, where the arresting officer did not actually witness the accused operating the vehicle or have them admit to operation, the circumstances of where the vehicle and accused are found allow the prosecution to create a presumption of operation. To put this in simpler terms, if an officer arrives at the scene of an accident, he may not have seen the person operating prior to the accident, but he knows that someone drove the vehicle for it to get there in the first place. It is also of note that sometimes intent to operate will be enough to establish this element of the offense as well. The law does not require an officer to wait for an obviously intoxicated person to get behind the wheel and drive to make an arrest.
As for the intoxication element of the offense, once again the prosecution has three methods of establishing their burden. The first of these are the field sobriety tests. Most people are familiar with these as the tests that ask you to recite the alphabet, walk a straight line and turn, balance on one leg, etc.
An officer also has at their disposal the use of a breath test to proof intoxication. In the State of New Jersey, the breathalyzer that is used is the Alcotest 7110 produced by Draeger Industries. The results of this test are admissible based on the holding of the landmark State Supreme Court decision of State v. Chun, however, officers need to follow an extremely precise procedure or else the reliability of the results can and should be drawn into question by an experienced DWI lawyer.
The final method, though not commonly used by officer, to prove that someone was driving while under the influence of alcohol (i.e. intoxicated) is a blood test. A major misnomer is that blood test results are relatively iron-clad but this couldn’t be further from the truth in the experience of our DUI defense attorneys.
Penalties That Apply To Your Edison DWI Charge
If the prosecution is able to establish both of these elements, a conviction for DWI has serious consequences that escalate for each repeat offense. If you are convicted of a first offense and the admitted BAC reading is less than .15%, you will have your license suspended until an ignition interlock is installed on your vehicle(s), you will be fined, surcharged, and be required to serve time in the Intoxicated Driver’s Resource Center. If your BAC is .15% or more and it is your first offense for DWI or DUI, you face the additional penalty of a 4-6 month driver’s license suspension.
For a second or third offense, the penalties only get more severe. A second DWI offense includes a 1-2 year license suspension, a fine of $500.00 to $1,000.00, two to ninety days in jail, 30 days of community service, and forty eight hours in the IDRC. The installation of an ignition interlock is also mandatory for a second offense, the device that tests your BAC before starting your car, as is the annual surcharge of $1,000 for three years.
For a third or subsequent offense, an individual is required to serve 180 days in jail, pay a fine of $1,000, and have his or her license suspended for 8-10 years. There is also an annual surcharge of $1,500, not $1,000, for three years.
Edison Municipal Court and Division of Police
The Township of Edison’s Municipal Court is located on the ground floor of the Public Safety Wing of the Municipal Complex, at 100 Municipal Boulevard, Edison, NJ 08717. Court sessions are held at 9 am on Monday, Wednesday and Friday or at 7 pm on Tuesday and Thursday, and are presided over by Chief Judge, the Honorable Gary M. Price, or another available judge. Court Administrator can be reached by calling (732) 284-7334.
The Edison police department is also located in the Municipal Complex on the second floor of the Public Safety Wing, and their administrative offices may be reached by calling (732) 248-7433, Monday to Friday between 8:00 am and 4 pm.
Edison is one of the fastest growing towns in New Jersey, with sister cities in Shijiazhuang, China, and Baroda, India, and local representation by more than 75 ethnic communities. The township was formed in the late 1600s and originally incorporated as the Raritan Township in 1870 (not the present-day one in Hunterdon County), and changed its name in 1954 to honor Thomas A. Edison, the “Wizard of Menlo Park.” His 1870s research laboratory gave birth to the light bulb, phonograph and other inventions.
Directions for the Edison Municipal Complex
From NYC and North: Take the New Jersey Turnpike South to Exit 10, or take the Garden State Parkway South to exit 130 and proceed to Route 1 South. Go to Route 287 North and take the Exit for 27 south towards New Brunswick. Make a right at the fourth stop light onto Municipal Boulevard (opposite Reydel Volkswagen) and proceed to the Municipal Complex on the right at the end of Municipal Boulevard.
From the South: Follow the New Jersey Turnpike North to Exit 9. Proceed on Route 1 North to the first stop light (Plainfield Avenue) and take the jug handle back over Route 1. Make a right at next traffic light onto Route 27 North, and go to third stop light. Make a left onto Municipal Boulevard and proceed to the end to the Municipal Complex on the right. Or take the Garden State Parkway North to Exit 127 to Route 287 North and the exit for 27, south toward New Brunswick. Turn right at the fourth stop light onto Municipal Boulevard (opposite Reydel Volkswagen) and proceed to the Municipal Complex at the end of the Boulevard.
For more on the Township of Edison, please visit their website at http://www.edisonnj.org/.
DWI Attorney In Edison NJ
If you or a loved one has been charged in Edison Township with DWI or another serious traffic offense, you are probably asking yourself many questions. What do I do now? How do I avoid losing my license, paying large fines, and even, possibly, spending time behind bars? The answer is simple, you hire the best representation that you can afford and we believe that Edison DWI lawyers at Marshall Criminal Defense represent your number one option. Do not hesitate to contact us today for a consultation with an experienced attorney about what we can do to help you on your Edison Township DWI charge. Attorneys are available now at (732) 248-7675.
