DWI Lawyer in South Jersey
New Jersey Drunk Driving Defense Attorney Fights DUI/DWI Charges for Clients in in Camden, Gloucester, Burlington, Atlantic, Salem, Mercer, and Cape May County, NJ
Facing a drunk driving charge in South Jersey is often frightening and overwhelming. In addition to resulting in monetary fines and penalties, a DUI/DWI conviction could result in the loss of your driver’s license, insurance surcharges, motor vehicle points, suspension of registration, and even incarceration. Further still, if your job requires any type of driving, you may find yourself unemployed after being convicted of drunk driving since you can no longer drive to work.
Hiring an experienced New Jersey DUI / DWI attorney to help you navigate the complexities of NJ drunk driving statutes will ensure that you present the best possible defense to counter the charges filed against you. Jill Cohen, Esq. has defended many DUI/DWI cases in New Jersey and Pennsylvania and litigated in municipal courts in Pennsauken, Winslow, Voorhees, Monroe, Deptford, Hammonton, Atlantic City, and throughout South Jersey.
She has also worked as a Camden County, New Jersey criminal prosecutor for Driving Under the Influence and Driving While Intoxicated charges. This has allowed Jill Cohen to become familiar with the techniques prosecutors use and how she can better defend her clients against them in the court of law. Her experiences working as a prosecutor and for a law firm that is exclusively devoted to DUI defense has given her all of the necessary tools needed to help you with your New Jersey drunk driving charge.
Get the Facts Behind New Jersey’s Harsh DUI/DWI Laws
Under New Jersey state law, an individual may face charges of DUI or driving under the influence of alcohol pursuant to N.J.S.A. 39:4-50 and may face serious breathalyzer test refusal charges under N.J.S.A. 39:4-50a. New Jersey does not make any distinction between DUI and DWI (driving while intoxicated). You can also be charged even if consuming prescribed drugs. Ms. Cohen has considerable knowledge about strategies to successfully fight DUI charges.
At the Law Offices of Jill R. Cohen, we understand that being charged with drunk driving in NJ can be scary because the penalties are often severe. For example, all DUI/DWI convictions are permanently recorded at the New Jersey Department of Motor Vehicles, which imposes a mandatory insurance surcharge (between $3,000 and $5,000) on drivers with drunk driving convictions in NJ. The amount you have to pay for a surcharge will depend on how many prior DUI or DWI convictions you have had.
Rely on an Experienced DWI Defense Attorney Who Will Fiercely Protect Your Constitutional Rights
Many times, New Jersey DUI offenses are defended based on a violation of your constitutional rights. The police cannot just stop anyone for a traffic violation and there must be significant proof that you are driving drunk. Mere suspicion and guesses are not enough to make an arrest. The police can only arrest you based on a significant amount of evidence of intoxication. Further, they are only permitted to arrest you if they have “probable cause.”
Many of these types of DWI cases, and other driving offenses, are successfully defended by hearings challenging the validity of the arrest. Ms. Cohen’s years of experience in NJ criminal law & traffic defense make her eminently qualified to handle any type of DUI case in municipal courts throughout New Jersey.
Contact an Aggressive New Jersey DUI Defense Attorney About Your Cherry Hill Drunk Driving Charges Today for Free
If you or a loved one has been charged with a drunk driving offense in Camden County, Gloucester County, Atlantic County, or Burlington County, NJ, you may be facing the possibility of significant monetary fines and jail time. Defending refusals, underage drinking, and allowing an intoxicated driver to drive is part of New Jersey DUI offenses that Ms. Cohen can handle for you. She understands that dealing with a drunk driving charge places stress on individuals and their families. Do not attempt to fight DUI/DWI charges alone. She is also experience with many other drug-related crimes including juvenile drug crimes, distribution and manufacturing, DUIs, and child abuse and neglect due to drug or alcohol abuse. Contact the Law Office of Jill R. Cohen today for a quality legal drunk driving defense. Jill Cohen has been serving criminal defendants throughout South Jersey in Camden, Cherry Hill, Gloucester Township, Winslow, Pennsauken, Voorhees, Lindenwold, Haddon Township, Collingswood and Haddonfield.
Frequently Asked Questions Regarding DUI/DWI Charges and Attorney Jill Cohen’s Legal Criminal Defense Services
Q: What does it take for a prosecutor to succeed in obtaining a DUI conviction?
A: To convict a driver of drunk driving, NJ prosecutors must present proof of intoxication through the use of a machine registering BAC (blood alcohol content), as well as field sobriety test results or confessions.
Q: Can the police force me to take breath, urine or blood tests in an effort to gather evidence on me?
A: New Jersey has enacted an implied consent law which requires drivers suspected of driving under the influence to take breath tests to determine BAC or face significant penalties. If you are charged with refusal of a breath test, Ms. Cohen can defend you against those charges, as well as your South Jersey DUI charge.
The law is different if you had urine tested or blood drawn. It is not mandatory in New Jersey to submit willingly to a urine or blood analysis. If you are forced to give urine or blood, Ms. Cohen can use that in an effort to get your DUI charges dismissed.
Q: What are some defense strategies Ms. Cohen may employ on my behalf?
A: It’s possible to prove the Breathalyzer test was not operating properly. The officer who gave you the breath test may not have been qualified to do so. Your traffic stop may have violated your constitutional rights. These are just some of the defense strategies Ms. Cohen can use on your behalf.
With over 30 years of experience, Camden County criminal defense lawyer Jill R. Cohen, Esq. has successfully challenged the reliability and validity of these tests, including the proper operation of breathalyzer machines, the qualifications of the machine operators, and the experience of the police.
Q: Can police impound my car if I’m charged with DUI/DWI in NJ?
A: Yes. New Jersey has enacted “John’s Law,” which permits law enforcement officers to impound the car of a drunk driver. Individuals who drive under the influence or drive while intoxicated also may face related charges such as driving or riding with an open container, driving with a DUI suspension and driving while possessing drugs.
Q: Are there special DUI laws in NJ that apply to juveniles and young adults under the age of 21?
A: Yes. Drivers under the age of 21 will face prosecution in NJ if they are driving with a BAC of .01 percent. The penalties for drivers under 21, even with a BAC as low as .01 percent, can include a 30-90 day license suspension and 15-30 days of community service.
Q: What are the penalties associated with a first DWI conviction in NJ?
A: First-time offenders who have a BAC between .08 percent and .10 percent can expect to pay a fine of between $250 and $400. Convicted first-time offenders in NJ will also be detained for up to 48 hours in a manner set forth by the program requirements of the Intoxicated Driver Resource Center (IDRC). The court also has the discretion to sentence first-time offenders to imprisonment of up to 30 days and license suspension for up to a year. If the DWI offense occurred near a school, there may be additional penalties under New Jersey law.
First time offenders who have a BAC over .10 percent and drivers operating a motor vehicle under the influence of drugs face stricter penalties, including fines of between $300 and $500, detention time, and loss of driving privileges in New Jersey for a period of between seven months and one year, as well as potential jail time of up to 30 days.
Q: What are the penalties associated with a second DUI conviction in NJ?
A: Individuals convicted of a second DUI/DWI offense in New Jersey face fines ranging from $500 to $1,000. Second-time offenders will also be required to complete 30 days of mandatory community service and face mandatory jail time (ranging from 48 hours to 90 days). Drivers convicted a second time lose their driving privileges for two years and must install an ignition interlock device on their vehicles.
Ms. Cohen successfully defends clients against second offense DWI charges in NJ by appealing and moving to have earlier convictions overturned. Her knowledge of all indictable offenses, her certification in criminal trial law and her education in trial advocacy make her the right person to call about your South Jersey DWI charges.
Q: What are the penalties associated with a third or subsequent DWI conviction?
A: Drivers convicted of a drunk driving offense three or more times in New Jersey will face a fine of $1,000 and mandatory imprisonment for at least six months. Repeat offenders will lose their driving privileges for 10 years and will be required to install an ignition interlock device on their vehicles. Many times, the sentence can be served at an approved inpatient treatment center rather than jail.
Q: Is it possible to appeal a DUI conviction in NJ?
A: Yes. Motions for post-conviction relief apply to DUI charges, as well as to other charges in NJ municipal and superior courts. Contact Ms. Cohen about filing an appeal or a motion for post-conviction relief as soon as possible.
Q: Can I get my DWI expunged?
A: In the State of New Jersey, drunk driving, as serious a charge as it is, is not considered a criminal offense. It is a traffic offense that is handled by local NJ traffic and municipal courts where you were arrested and charged. Only certain criminal convictions can be expunged in New Jersey. Therefore, you won’t be able to clear your record of a DWI conviction. For this reason, it is imperative that you contact Jill Cohen and put her expertise fighting DUI charges in New Jersey to work for you.