Seaside Heights Municipal Court
Seaside Heights is a fun summertime destination what isn't fun is being arrested for drunk driving. If you have been arrested for DWI in Seaside Heights you will be required to show up in municipal court to defend your charges. For more information visit the Seaside Heights Municipal Court Website.
Seaside Heights Municipal Court
George E. Tompkins Municipal Complex
116 Sherman Avenue
Seaside Heights, NJ 08751
Seaside Heights DWI Refusals
Seaside Heights is one of the most popular Jersey Shore towns to visit during the summer months. Seaside is home to an expansive boardwalk, rides and ocean side bars and restaurants. If you have traveled major state roads such as Route 35 or Route 37 and have been stopped on suspicion of DWI in Seaside Heights, it is never a good idea to refuse to submit to a breath test. Seaside Heights specifically prosecutes a large number of DWI and refusal charges each year, therefore it is imperative you take precaution before making the mistake of getting behind the wheel and driving drunk. Nevertheless, when facing Driving While Intoxicated or refusal charges after a night out in Seaside Heights, having a team of attorneys with background and expertise in defending against refusal charges can make all the difference in avoiding conviction.
Refusals: A Charge That Can Change Your Life
After refusing to submit to a breath test when stopped by law enforcement on suspicion of DWI, you may think you have avoided charges. However, in fact, the penalties for a refusal are very serious in and of themselves. Drivers should be aware that a breath test is not the only way one may be charged with DWI in New Jersey. An officer who finds you failed a standardized field sobriety test can also charge you with DWI. Thus, when a driver refuses to submit to a breath test, they are actually making their situation worse. Obviously, the basic form of refusal is when the driver expressly says “NO,” but in certain situations, drivers may be found to have refused despite not having any intention to do so. Examples of other forms of refusal under the law include remaining silent, being ambiguous, requesting to make a call, or requesting to use the restroom before you submit to the test.
“Implied consent” to submit to these tests is created when you receive your New Jersey Driver's License to operate a motor vehicle on New Jersey public roads. The statute that governs refusal is N.J.S.A. 39:4-50.2. In order to be charged, the State has the burden of proof in showing that (1) the officer had probable cause to believe you were in control of a motor vehicle while under the influence of alcohol or drugs; (2) the driver was arrested for DWI; (3) the officer requested the driver to submit to a breath test and informed him or her of the consequences for refusals; and (4) the defendant refused. If these elements are met, the State will find the driver to be in violation of N.J.S.A. 39:4-50.2., and the penalties are serious.
Convictions for first time offenders will result in a 7 month suspension of the driver's license, $300-500 fine, $1,000 surcharge for 3 years, and participation of at least 12 hours in a program at an Intoxicated Driver's Resource Center.
For second offense, the penalties include a minimum of 2 year of driver's license suspension, $500-1000 fine, $1,000 surcharge for 3 years, in addition to the program at an Intoxicated Driver's Resource Center.
For a third offense, the same program requirements and surcharges as a first or second time offender apply, but the offender will have to pay a minimum of $1,000 fine and face suspension of their driver's license for 10 years.
Seaside Heights Refusal Lawyers For You
Villani & Deluca P.C. has over 20 years of experience in New Jersey criminal law, led by our firm's founding partner Carmine R. Villani, Esq. Having served as a municipal prosecutor and as a defense attorney, his background in DWI law is extensive. Mr. Villani is one of the few attorneys in the state of New Jersey that has been trained on how to use the Alcotest 7110, and he is a drug recognition expert as well. Having this kind of legal representation for defending a charge of DWI or refusal will prove extremely beneficial in court.
Defenses for Refusal In A Seaside Heights Arrest
Just because you have been charged with a DWI refusal does not mean that there are no options available to you. Our attorneys at Villani & Deluca, P.C. will assess whether police officers actually did have probable cause to stop you for DWI and whether they used the correct procedures during the stop. We will analyze any other specific facts of your case that can be used to build a defense. Other defenses can be raised for specific circumstances, so it is imperative you speak to our team about your case in order to address defenses to raise in court. Call us at 732-965-3999 to schedule a FREE consultation.