Roosevelt Borough Lawyer

Underage DWI Charge Penalties

Arrested teenager with handcuffsA DWI (Driving While Intoxicated) charge is a serious offense in New Jersey under any circumstances.  However, a DWI charge for an underage driver who wasn’t drinking legally in the first place is even more serious.  There are a different set of standards for an adult who is suspected of DWI and an individual who is under 21 and is suspected of DWI.  Because it isn’t legal for someone under 21 to be drinking at all, the standards are far lower to charge someone under 21 with DWI.  Generally, a driver’s blood alcohol content of .08% or above will automatically get them a DWI charge.

If an underage driver is charged with DWI with a BAC level above .08%, the penalties and license suspensions will follow the laws for all drivers in New Jersey.  However, a driver who is under 21 will also be charged with DWI if he or she has any trace of alcohol in his or her system, meaning even with a blood alcohol level of .01% – .08%.  The penalties for such a DWI charge include having their driver’s license revoked for 30-90 days and being required to perform community service for between 15 and 30 days.  Also, any underage drinker convicted of DWI must enter the Intoxicated Driver Resource Center (IDRC) program and pay the fees for it.  This does not include the other charges that they could be subjected to, including possessing alcohol underage, purchasing alcohol and possibly using a fake ID.  If you have been arrested for underage DWI in Roosevelt Borough, the experienced Roosevelt Municipal Court attorneys at Villani & DeLuca can help you in your defense.  Call us for a free consultation at 732-965-3350.

Penalties for Resisting Arrest in Roosevelt

In New Jersey, a person is guilty of resisting arrest when he or she purposely prevents a law enforcement officer from effecting a lawful arrest.  Although resisting arrest is a disorderly persons offense, it may be elevated to an indictable crime if the person uses or threatens to use force or violence against the officer or another person (third degree) or if he or she uses any other means to create a substantial risk of causing physical injury to the officer or another  (fourth degree).

If you are charged with a disorderly persons offense for resisting arrest, you may face a fine of up to $1,000, possible jail time, community service, restitution or probation. If you are convicted of a 4th degree criminal offense you may face a fine of up to $10,000, up to 18 months in jail, possible restitution, community service or probation.  If the crime you are convicted of is a crime of the 3rd degree, you can face between 3 and 5 years in prison, up to a $15,000 fine, community service, probation and possibly restitution. If you are facing a resisting arrest charge, the experienced attorneys at Villani & DeLuca can assist you in your defense.  Contact us today at 732-965-3350 for a free consultation.

Calculating Alimony Payments in NJ

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 their marriage.  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 Roosevelt divorce attorneys at Villani & DeLuca can work with you to ensure that all of your rights and interests are being protected.

Experienced Roosevelt Borough Attorneys

The law firm of Villani & DeLuca represents clients throughout Monmouth and Ocean Counties in the practice areas of criminal defense, family law and DWI.  If you have a need for 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 or other traffic matters, you should contact us for a free consultation by calling 732-965-3350.