Aberdeen Township Lawyer

Difference Between a DWI and a Refusal

Field Sobriety Test 2When you are under suspicion of driving while intoxicated (DWI), you may be asked to submit to a breath test.  In New Jersey, motorists may refuse to take a breath test.  However, there are severe penalties for doing so.  If you are found guilty of refusing to submit to a breath test, you will be subject to an automatic license suspension for a period between seven months and one year, if it’s your first offense.  You will also be required to install an ignition interlock device in your vehicle for a minimum of six months to one year after serving your license suspension and undergo a program and pay the fees of the Intoxicated Driver Resource Center (IDRC).  With the exception of the potential for a 30 day jail sentence, the penalty for a refusal to submit to a breath test is equivalent to the penalties associated with a DWI where the blood alcohol content (BAC) reading exceeds 0.15%.

By contrast, penalties for lower BAC levels are less severe.  For example, if your BAC is 0.08% or higher but still less than 0.10%, the penalties incurred will include a loss of license for 3 months, a fine of up to $400, 12-48 hours of detainment or counseling prescribed by the IRDC, up to 30 days in jail, installation of an Ignition Interlock Device at the court’s discretion, and other penalties or fines.  So while refusing a breath test may seem like a viable option when you are under the suspicion of DWI, motorists need to be aware of the severe penalties which they will be subject to in the event they refuse to submit to the test.  An Aberdeen Municipal Court lawyer from Villani & DeLuca can help you resolve your DWI or refusal charge with your best interests in mind.

Getting A Conditional Discharge in Aberdeen

A conditional discharge is a diversionary program that allows a first-time drug offender to avoid a drug conviction on his or her criminal record.  In New Jersey, you may apply for a conditional discharge if you have been charged with your first drug-related disorderly persons offense.  In a conditional discharge, you agree to receive supervisory treatment in exchange for a suspension of your drug charge during the conditional discharge period.  The court determines the amount of time that you are subject to supervisory treatment based on the specific facts of your case.  In determining whether a first time drug offender may seek a conditional discharge, the court considers several factors, including whether the defendant poses a danger to the community and whether the supervisory treatment would be sufficient to correct the defendant’s dependence on or use of the controlled substance.  If you have been charged with your first drug-related offense, contact the experienced attorneys at Villani & DeLuca to discuss your eligibility for a conditional discharge.

Calculating Alimony in Aberdeen

Alimony is a continued legal obligation to provide financial support to a former spouse after a divorce.  In New Jersey, alimony arrangements seek to maintain the standard of living enjoyed by the parties during the course of the marriage.  There are four types of alimony awarded in New Jersey: reimbursement alimony, rehabilitative alimony, limited duration alimony, and permanent alimony.

In determining whether to award alimony, the court is required by statute to consider many factors.  Some of those factors include: the actual need and ability of the parties to pay; the duration of the marriage or civil union; the standard of living during the marriage or civil union and the likelihood that each party can maintain a comparable standard of living after a divorce; the age and physical and emotional health of the parties; the earning capacity of the parties; the parental responsibilities of the children; the length of absence from the job market of the party seeking alimony and the time and expense that would be necessary for that party to acquire the education or training to find appropriate employment.  If you are going through a divorce, the experienced Aberdeen divorce attorneys at Villani & DeLuca can work with you to protect your rights and interests.

Experienced Aberdeen Township Attorneys

The law firm of Villani & DeLuca represents clients throughout Monmouth and Ocean Counties in the areas of criminal defense, family law and DWI and other traffic violations.  If you need an attorney to assist you in a criminal matter, a divorce or other family law matter or if you need a defense for a DWI charge, you should contact an experienced Aberdeen Township attorney for a free consultation by calling 732-965-3350.

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