Change in DWI Plea Agreements in Municipal Court

Change in DWI Plea Agreements in Municipal Court

11/15/11 2:46 PM

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Change in DWI Plea Agreements in Municipal Court

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Kenneth Vercammen was the New Jersey Chief Justice Deborah T. Poritz has Middlesex County Bar Municipal signed an order amending the "Guidelines for Court Attorney of the Year Operation of Plea Agreements in the Municipal Courts of New Jersey." As explained in the Notice to the Bar signed by Administrative Director Judge Philip S. Carchman, the plea agreement guidelines are being FOR POTENTIAL CLIENTS TO amended to address issues raised by two recent CONTACT US DURING NONchanges to New Jersey is drunk driving laws.

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In January 2004, the Legislature amended the law to add a new level of offense for drivers with a blood alcohol content (BAC) of 0.08 percent or higher, but less than 0.10 percent. First-time offenders with a lower level BAC face a three-month license suspension. Drivers with a higher BAC face a sevenmonth suspension, up from the six months under the old law. Drivers who refuse to take the BAC test typically face two charges, one for driving while intoxicated and one for refusing to take the test. In addition to the seven-month suspension for refusing to take the BAC test, the new law calls for a three-month suspension on the charge of drunk driving for drivers who refuse to take the test. These sentences may be http://www.njlaws.com/dwirefusal.html?id=468&a=

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Change in DWI Plea Agreements in Municipal Court

served concurrently.

In April 2004, the Legislature increased the license suspension for refusing to take the BAC test from six months to seven months. This amendment made penalties under the new law consistent with the penalties under the old law: Refusing to take the test carries the same penalty as having a high BAC reading.

11/15/11 2:46 PM

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Judge Carchman explains in the Notice to the Bar that, rather than suffer a seven-month suspension for refusing to take the test, a driver could agree to plead Submit Clear guilty to driving while intoxicated with a BAC of between 0.08 and 0.10, and accept a three-month suspension in exchange for a dismissal of the charge for refusing to take the test. Without the results of a blood test to prove exactly what the blood alcohol level was, the guilty plea for the lower BAC could be accepted and the driver is license suspended for three Kenneth Vercammen was the Middlesex County Bar Municipal months.

Court Attorney of the Year "It is clear that the Legislature intended to make the penalties for driving drunk in New Jersey more severe and to identify a broader range of drinking and driving as illegal. Some members of the legal community have expressed concern that the amended guidelines would result in more trials. We have no clear indication of that result. However, if more trials occur, we will handle them. The alternative is unacceptable," he added. The amended guidelines prohibit plea agreements that result in the dismissal of charges for refusing to take the blood alcohol test in exchange for pleading guilty to drunk driving.

The amended guidelines also make it clear that attempts to plead guilty to the lower level offense, despite a BAC of 0.10 or higher, are strictly prohibited. The changes became effective July 1, 2005.

For further information contact Tamara Kendig, AOC (609) 292-9580 http://www.judiciary.state.nj.us/pressre/pr050615b.htm However, recent caselaw also directs that if the new breath testing machine Alcotest 7110 is used, a refusal should not be charged. In State v. Foley, 370 NJ Super. 341 (Law Division 2003), Judge Orlando held http://www.njlaws.com/dwirefusal.html?id=468&a=

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Change in DWI Plea Agreements in Municipal Court

11/15/11 2:46 PM

"a large and unacceptable number of persons were charged with refusal that made an attempt to deliver a breath sample. Therefore, no person who delivers a breath sample of at least .5 liters on the Alcotest 7110 MK III may be charged with refusal pursuant to N.J.S.A. 39:4-50.4(a)." The new breath machine 7110 requires 1.5 liters of air, close to the big 2 liter Pepsi bottle. This is a large amount. Therefore, if the person attempts to give a breath sample, but does not or cannot deliver the full 1.5 liters, they cannot be charged with refusal, according to the State v. Foley case. If someone is charged with refusal by police, but the person attempted to provide a breath sample, the refusal must be dismissed by the prosecutor. This is required by State v. Foley.

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Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey.

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Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. http://www.njlaws.com/dwirefusal.html?id=468&a=

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Change in DWI Plea Agreements in Municipal Court

11/15/11 2:46 PM

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment.

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Change in DWI Plea Agreements in Municipal Court

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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement. Š 2011 Kenneth Vercammen & Associates, P.C.

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