DWI and DUI (N.J.S. 39:4-50)

DWI, DUI, and refusal are serious charges and can have many life-altering consequences. While they are not criminal charges, the repercussions of DWI, DUI or refusal convictions can be just as burdensome. A DWI or DUI is written in Brick Township when a motorist operates a motor vehicle while an officer believes them to be under the influence of an intoxicating liquor, a narcotic, a habit forming drug (legal or illegal), or hallucinogenic. If a motorist is pulled over and is suspected of operating the motor vehicle while under the influence, he or she will be asked to submit to a breath test. If he or she consents, the Alcotest® 7110 MKIII-C will be used to determine their BAC. The new Alcotest® uses a sophisticated approach in measuring BAC by (1) infrared technology and (2) and electro chemical analysis. If the motorist blows a 0.08% BAC or above, he or she will be charged with a per se DWI or DUI. However, an individual can be charged with a DWI or DUI with a BAC reading lower than 0.08% if there is a combination of drugs and/or alcohol or if they appear to be intoxicated, despite the lower reading. Generally, the officer may testify that the individual slurred words, staggered, had glassy eyes, and fumbled while producing documentation. Readings below 0.08% with no drugs (legal or illegal) can be difficult for the state to prove but the facts of each individual case will generally dictate the outcome.

Contact the experienced DWI lawyers of Villani & DeLuca at 732-965-3404 for a free initial consultation today.

• First  DWI Violation in Brick Township
  • If BAC is 0.08% or higher but less than 0.10%

1. Loss of license for up to 3 Months
2. Fine of up to $400.00
3. 12 to 48 hours of detainment as prescribed by IDRC
4. Up to 30 days in jail
5. Installation of Ignition Interlock Device (court discretion)
6. Other fines and penalties

• If BAC is 0.10% or higher but less than 0.15%

1. Loss of License from 7 months to 1 year
2. Fine of up to $500.00
3. 12 to 48 hours of detainment as prescribed by IDRC
4. Up to 30 days in jail
5. Installation of Ignition Interlock Device (court discretion)
6. Other fines and penalties

• If BAC is 0.15% or higher

1. Loss of License from 7 months to 1 year
2. Fine of up to $500.00
3. 12 to 48 hours of detainment as prescribed by IDRC
4. Up to 30 days in jail
5. Mandatory installation of Ignition Interlock Device
6. Other fines and penalties

• Second DWI Violation in Brick Township

1. Loss of license for up to 2 years
2. Fine of up to $1,000.00
3. 30 days of community service
4. Up to 90 days in jail
5. Mandatory installation of an Ignition Interlock Device
6. Other fines and penalties

• Third or Subsequent DWI Violation in Brick Township

1. Loss of license for up to 10 years
2. Imprisonment of no less than 180 days
3. Fine of $1,000.00
4. Mandatory installation of Ignition Interlock Device
5. Other fines and penalties

Contact the experienced DWI lawyers of Villani & DeLuca at 732-965-3404 for a free initial consultation today.

Refusal Charges (N.J.S. 39:4-50.2 and 39:4-50.49)

It is not uncommon for drivers in Ocean County and Monmouth County, New Jersey to refuse to submit to a breath test to determine their Blood Alcohol Concentration (BAC) after being arrested on suspicion of drunk driving.  Many charged with Driving Under the Influence have a reasonable and understandable misconception that they have the right to remain silent when asked to submit to a breath test.  Often, those charged also believe they have the right to consult an attorney beforehand.  However, refusing to submit to a breath test is a separate offense under N.J.S.A 36:117 that gives rise to substantial civil penalties in addition to criminal charges (if found guilty of Driving While Intoxicated (DWI)).  Law enforcement officers are not required to allow you contact your attorney before providing a breath sample.  Furthermore, you do not have the right to remain silent when asked to submit.  In fact, silence in response to a request to submit to a breath sample can constitute an acknowledgement of refusal and admission of guilt of driving under the influence.  These additional civil penalties include fines, motor vehicle surcharges, and a longer suspension of driving privileges.  If you have been charged with refusal to submit to breath testing, we strongly encourage that you retain an experienced criminal defense lawyer for your representation. 

If you have been pulled over and have been written a DWI, DUI or refusal charge you must call the experienced New Jersey DWI attorneys of Villani & DeLuca for a free initial consultation.  Call Villani & DeLuca today at 732-965-3404.

• First Refusal in Brick Township

1. Loss of license for up to 1 year
2. Fine of up to $500.00
3. Required to install an Ignition Interlock Device
4. Must fulfill the program and fee requirements of the Intoxicated Driver Resource Center (IDRC)
5. Other fines and penalties

• Second Refusal in Brick Township

1. Loss of license for up to 2 years
2. Fine of up to $1,000.00
3. Required to install an Ignition Interlock Device
4. Must fulfill the program and fee requirements of the IDRC
5. Other fines and penalties

• Third Refusal in Brick Township

1. Loss of license for up to 10 years
2. Fine of $1,000.00
3. Required to install an Ignition Interlock Device
4. Must fulfill the program and fee requirements of the IDRC
5. Other fines and penalties

Carmine R. Villani, Esquire is a partner in the law firm of Villani & DeLuca, P.C. which is headquartered in Point Pleasant Beach, Ocean County, New Jersey.  Mr. Villani is an experienced NJ DUI defense attorney who has been defending clients charged with DUI/DWI and refusal  for over two decades.  He has handled hundreds of drunk driving cases from both the prosecutor and defense side and thus is intimately familiar with the workings of the local court system in a way that sets him apart from most local attorneys.

Underage DWI or DUI (N.J.S. 39: 4-50.14)

In New Jersey it is illegal for those under the age of 21 to have any alcohol in their system while driving.  If you are under 21 years old, have no prior DUI related offenses, and your Blood Alcohol Content (BAC) was below 0.08% then your license will be suspended for anywhere between 30-90 days.  You may also be required to perform community service for 15-30 days and attend an intoxicated driver resource center program.

If you are under 21 years of age with no prior DUI related offenses and your BAC is above a 0.08 then you will face penalties as harsh as someone who is over 21 years of age with no prior DUI related offenses.

Simply by having a New Jersey license automatically provides that you have given consent to have your BAC measured if lawfully stopped by a law enforcement officer while driving.  Refusing to submit a BAC, even while under the age of 21, automatically results in you being treated as though you have a BAC of 0.10% and may result in losing your driving privilege for 7 months to 1 year.

Typically, our law firm encounters Underage DWI offenses with highschool or college students who are experimenting with alchohol for the first time.  Peer pressure and the novelty of drinking alcohol for the first time can cause someone to underestimate how the alcohol is affecting them while driving.  Factors such as this may be raised in your defense through the proper asistance of a DUI lawyer.  At Villani & DeLuca, our DUI defense lawyers carefully analyze all factors before representing you in court.

Call Villani & DeLuca for a free initial consultation 732-965-3404.

Disorderly Persons Offenses

Given the large population it is no surprise that an estimated 636 disorderly persons offenses were written in Brick Township in 2010 alone. Disorderly persons offenses are a general category of offenses less serious than indictable offenses of varying degrees and are commonly written by Brick Township Police. If you are convicted of a disorderly persons charge:

• You can face a $1,000.00 fine.
• Can be ordered to pay restitution.
• Can be ordered to spend up to six months in jail.
• Can be forced to pay other monetary fines and penalties.

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-965-3404.

Disorderly Conduct (N.J.S. 2C: 33-2)

Disorderly conduct is a disorderly persons offense that is written when a person is caught:

• Fighting
• Threatening
• Engaging in violent or tumultuous behavior
• Creating a hazardous or physically dangerous condition
• Engaging in unreasonably loud, offensive or abusive language.

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-965-3404.

Simple Assault (N.J.S. 2C: 12-1)

Simple assault may be written by Brick Township Police when a person:

• Attempts to cause; or
• Purposely, willingly, or knowingly causes bodily harm to another; or
• If he/she negligently causes injury with a deadly weapon; or
• Puts another person in fear of an imminent physical harm

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-965-3404.

Possession of Drugs (N.J.S. 2C:35-10; and N.J.S. 2C:36-2)

Possession of illegal drugs and/or illegal drug paraphernalia is a common charge written by the Brick Township Police Department.

• If found with less than 50 grams of marijuana or hashish, you will most likely be charged as a disorderly person.
• Possessing over 50 grams can lead to indictable offenses of varying degrees.
• Drug paraphernalia is classified as anything used to grow, distribute, or introduce an illegal drug into the body.
• Being caught in possession of drug paraphernalia can lead to a disorderly persons charge

Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-965-3404.

Criminal Mischief (N.J.S. 2C: 17-3)

Criminal mischief is a disorderly persons offense simply defined as destruction of property under $500.00. A person can be charged with criminal mischief when:

• He or she purposely or knowingly damages the tangible property of another person;
• Recklessly or negligently causes property damage in the employment of a fire; or
• A renter causes damage to the rental property in retaliation for eviction proceedings.

A conviction for criminal mischief can lead to the standard disorderly persons penalties including restitution for the value of the damage. However, as the cost of the damage increases over the $500.00 statutory limit, you could be charged with an indictable offense in the 3^rd or 4^th degree.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-965-3404.

Shoplifting (N.J.S. 2C: 20-11)

Shoplifting is a serious offense in Brick Township and can be charged as either a criminal offense or disorderly persons offense depending on the severity of the theft. If you have carried merchandise out of store and the item’s full retail value is less than $200.00, you may be charged with a disorderly persons offense. As the item’s full retail value increases, so does the degree of the offense. It is important to realize that you can also be charged with shoplifting if:

• You conceal the item on your person or otherwise with the intent to deprive the rightful owner of title to the item
• You change the price tags to a lower price with the intent to deprive the merchant of the full retail value of the item.
• Move items from one container to another with the intent to deprive the merchant the full retail value of the item.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-965-3404.

Trespassing (N.J.S. 2C: 18-3)

Trespass in Brick Township and all of New Jersey is broken into a few distinct sub categories. Perhaps the most common is defiant trespass. A person is a defiant trespasser if he or she had knowledge that entry to the land was prohibited. Notice or knowledge can be gained by actual communication to the actor, a sign or posting, or fence or enclosure. Violation of this statute in Brick Township will result in a petty disorderly persons offense. The actor will be liable for a crime in the fourth degree if he enters a structure or dwelling and remains and has notice that entry is prohibited. If you are charged with either a 4^th degree crime or petty disorderly persons offense in Brick Township, there may be some affirmative defenses that an experienced lawyer can explain to you if they are available to you.

Call the experienced Brick criminal defense lawyers of Villani & DeLuca today for a free initial consultation at 732-965-3404.