Little Egg Harbor Township Lawyer

The Difference Between a DWI and a Refusal

gavel legal bookWhen you are under suspicion of driving while intoxicated (DWI), you may be asked to submit to a breath test.  In New Jersey, motorists have the right to refuse to take a breathalyzer.  However the penalties for a refusal have become increasingly severe.  If you are found guilty of refusing to submit to a breath analysis, you will be subject to an automatic license suspension for a period between seven months and one year.  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 first time refusal to submit to a breath test is equivalent to the penalties associated with a first time DWI where the blood alcohol content (BAC) reading is 0.15% or more.

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 breathalyzer 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.  Before facing the Little Egg Harbor Municipal Court for a DWI or refusal charge, you should speak with an experienced DWI lawyer to get the advice you need.

Getting A Conditional Discharge in Little Egg Harbor

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.  You may apply for it if you have been charged with, or convicted of violating, your first drug-related disorderly persons offense in New Jersey.  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.

Calculating Alimony in Little Egg Harbor

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 and alimony is at issue, call Villani & DeLuca today to speak with our team of Little Egg Harbor divorce lawyers.

Experienced Little Egg Harbor Attorneys

The law firm of Villani & DeLuca represents clients throughout Monmouth and Ocean Counties in the areas of criminal defense, family law, DWI and other traffic violations.  If you have a need for an attorney to assist you in Little Egg Harbor, NJ, you should contact our office today for a free consultation by calling 732-965-3350.

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