Harvey Cedars Borough Lawyer

DWI v. Refusal on LBI

Gavel BookWhen you drive a car in the state of New Jersey, you have consented to a police officer taking samples of your breath (the breath test).  This is known as “implied consent.”  Despite the fact that driving your car means you have given your consent to be tested, a police officer cannot pull you over and ask you to submit to the test unless he has a reasonable belief that you are intoxicated or, after being pulled over for a traffic violation, he develops a reason to believe you may be under the influence of drugs or alcohol.

If you are pulled over for DWI and refuse to submit to the test, you may face serious consequences, equivalent to the fines and penalties for failing the breath test.  The main difference between DWI and refusal is that the court does not have direct evidence of your intoxication.  Therefore, it must determine by a preponderance of the evidence whether the arresting officer had probable cause to believe you were operating the vehicle while under the influence of alcohol, narcotics, or other habit-inducing drugs.  Failure to prove the existence of probable cause may result in a dismissal of your case.

Carmine R. Villani of Villani & DeLuca is a former Municipal Prosecutor trained in both the Alcotest breath test device and standardized field sobriety testing (SFST’s).  If you are facing a DWI charge in Harvey Cedars, contact our offices today for a consultation with one of our experienced Harvey Cedars Municipal Court attorneys.

Getting a Conditional Discharge in Harvey Cedars, NJ

New Jersey has a conditional discharge program for certain first-time offenders.  The purpose of the program is to provide an alternative to prosecution for persons who have not previously been convicted of a criminal offense.  A conviction carries with it serious long-term consequences.  In cases of victimless crimes, such consequences can be avoided through participation in a conditional discharge.  A conditional discharge suspends criminal proceedings, but imposes certain requirements that must be met in order for the criminal charges to be dismissed.  Conditions may include community service, drug and alcohol screening, or anger management counseling.  If you want to avoid the stigma of a conviction on your record, contact Villani & DeLuca today for an appointment.  We can evaluate the specific circumstances of your case and help you obtain the best possible result.

Calculating Alimony in a Harvey Cedars Divorce

If you are in the process of obtaining a divorce in Harvey Cedars, you may be concerned with how the court will calculate alimony.  To begin, the goal of alimony is to assist the supported spouse in achieving a lifestyle that is similar to that which the supported spouse was accustomed to during the marriage.  In order to achieve this goal, four types of alimony are available, each applicable to specific circumstances.

Where the parties have been married for a long period of time and one of the spouses chose to remain at home, the court may award permanent alimony. Permanent alimony is no longer common, but is necessary where the supported spouse has reached a stage in life where a return to the workforce is not feasible.

Limited duration alimony is fairly common, and is often awarded where there is an economic need but the marriage was of such a short duration that permanent alimony would not be appropriate.  This is also known as a pendente lite support order, and may be granted during the divorce process to enable the supported spouse to pay for legal representation and other necessities.

Rehabilitative alimony is awarded with the intent of aiding a dependent spouse to achieve economic self-sufficiency.  Rehabilitative alimony may help the spouse to earn a degree or learn a new skill necessary for a return to the workforce.

Reimbursement alimony is unique in that it is not intended to support the recipient, but to compensate a spouse who sacrificed time, money or forward advancement in order to allow the other party to pursue his or her own career.

When calculating alimony, the court will look at the marital lifestyle, each spouse’s contributions to the marriage (financial and otherwise), the income of each of the parties, and the age and health of the parties.  Our experienced Harvey Cedars divorce attorneys can discuss the types of alimony that may be available to you or your spouse, enabling you to better prepare for your divorce.

Harvey Cedars Lawyers

If you are facing DWI charges, seeking a conditional discharge, or are concerned with alimony calculations, contact our attorneys today at (732) 965-3350.  We represent clients throughout Ocean and Monmouth Counties, and can be reached 24 hours a day, 7 days a week.  Whether you need to prepare a defense or gain a better understanding of the law as it relates to your case, we are here to answer your questions and we will work zealously to achieve your goals.

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