Neptune Municipal Court
Once you have received notice from the Neptune Municipal Court of your court date, it is critical to take action in defending your refusal or drunk driving charge.
Neptune Municipal Court
25 Neptune Boulevard
Neptune, NJ 07753
Phone: (732) 988-5200
Neptune DWI Defense Lawyer
Neptune Township is the gateway to a number of shore towns including Belmar, Ocean Grove and Asbury Park. Many of these surrounding towns have a popular nightlife which can lead to increase arrest for drunk driving. Being charged with a DWI in Neptune can carry with it heavy penalties.
For those who are drinking and driving and have a blood alcohol concentration (BAC) of 0.08% or above will be arrested for DWI. You will be arrested during a simple traffic stop or during a DWI Sobriety Checkpoint if you are driving above the legal limit. If you refuse to provide a breath test after your DUI arrest than you will be arrested for refusal. If the driver refuses the breath test, he or she may then find themselves facing charges under N.J.S.A. 2C 39:4-50.2. This New Jersey law requires all motorists who travel on state roads to consent to an officer's requests for breath tests when stopped on suspicion of DWI. By refusing to submit to these tests, many drivers may think they are protecting themselves from the harsh penalties that come with a DWI charge, but in reality, refusal only makes the situation worse. For any person who is facing a DWI refusal in Neptune, legal representation is absolutely necessary in order to ensure that your rights are protected and any defenses available in your case are raised in court.
Why Was I Charged with Refusal in Neptune, NJ?
Refusals for breath tests might occur in a number of different ways. According to the language of N.J.S.A. 39:4-50.2: “Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood.” Known as the implied consent statute in New Jersey, this provision prohibits drivers from saying anything other than a simple “yes” when asked to provide a breath test. What this means is that if you are stopped in Neptune and asked to provide a breath sample, if you either expressly refuse by saying no, remain silent, or give an ambiguous answer, this can be considered a refusal. Sometimes stopped drivers may panic and even ask to use the restroom or make a phone call, and this can also be considered a refusal according to the statute.
Refusals in Neptune Can Lead to Serious Penalties
In order to deter drivers from refusing to consent to breath tests, the New Jersey legislature has created unforgiving penalties for refusal under N.J.S.A. 39:4-50.2. A driver who has been charged with a DWI refusal as a first offense can be subject to a suspension of their driver's license for 7 months to year, a $1,000 MVC surcharge for the following 3 years, $300-$500 in court fines, participation in an educational program at an Intoxicated Driver's Resource Center, and the installation of an ignition interlock device on the driver's vehicle for 6 months to a year after having their license restored and driving the license suspension. These harsh penalties for a guilty conviction actually exceed those of a first time DWI offense. It is important to note that a driver who refuses a breath test can still be charged with a DWI as well, resulting in having to defend two charges instead of one. These penalties also become much more serious if this is a driver's second or third refusal.
DWI Refusal Attorney in Neptune Township
For the last 20 years, our firm Villani & DeLuca, P.C. has represented clients facing DWI refusals in Neptune Township and the rest of Monmouth County. Call us today at 732-965-3999 to speak to one of our firm's attorneys, Carmine R. Villani, Esq. or Timothy Horn Esq., for a free consultation.