Refusal in Belmar

Two local hotspots in Belmar are Bar A and Headliner. If you are pulled over by the Belmar police after leaving one of these clubs for suspicion of drunk driving you are required to submit to a breath test. By driving on our state’s roads, New Jersey drivers have provided their implied consent to submit to breath tests ordered by the Belmar police. Because you have given this implied consent, if you are stopped by law enforcement and ordered to take a breath test, you must do it.  Otherwise, you will face a refusal charge under N.J.S.A. 39-4:50.2.  Under New Jersey law, refusal is defined broadly.  This means that an ambiguous, conditional response, or even silence may count as refusal.

A DWI defense attorney can help you with your refusal charges. The traffic defense attorneys at Villani & DeLuca, P.C. have handled countless DWI cases in the Ocean and Monmouth County areas for over 20 years.  Our DWI defense attorneys are educated in the procedures that law enforcement must follow when administering a breath test.  You have rights that must be defended.  Contact Villani & DeLuca to begin mitigating the consequences of this legal hurdle.

N.J.S.A. 39-4:50.2 Refusal

The refusal statute in New Jersey states:

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S. 39:4-50.

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the director, shall be read by the police officer to the person under arrest.

Penalties for Refusal

Penalties for a first offense refusal include a fine up to $500 (up to $1,000 if in a school zone), $1,000 a year in surcharges, fees to the New Jersey Intoxicated Driver Resource Center Program, the Drunk Driving Fund, the Alcohol and Rehabilitation Fund, and the Neighborhood Services Fund. The driver will also have their license suspended for up to 1 year (up to 2 years if in a school zone).

For a second time refusal offense, the fines will be increased up to $1,000 (up to $2,000 if in a school zone). The surcharges will be increased to $1,000 a year for 3 years.  Penalties for a second offense also include the fees listed above to the Intoxicated Driver Resource Center, the Drunk Driving Fund, the Alcohol and Rehabilitation Fund, and the Neighborhood Services fund. The license suspension will increase for up to 2 years, (up to 4 years if in a school zone).

A third time offense will lead to $1,000 in fines ($2,000 if in a school zone), $1,500 a year for 3 years in surcharges, and the fees listed above. Additionally, a third time offender will lose his or her driver’s license for 10 years (20 years if the violation happened in a school zone).

DWI Attorneys Near Belmar

It is clear that refusal charges carry harsh penalties and make a DWI charge that much more difficult to get through. If you have been charged with refusal, you will need a traffic defense attorney to help you through the municipal court process.  The experienced traffic defense attorneys at Villani & DeLuca are here to help you understand how to handle your legal issues arising in Belmar.  Our office is conveniently located just a short drive from Belmar in Point Pleasant Beach.  Schedule your free consultation today!

Disorderly Conduct Lawyer in Belmar

Belmar Disorderly Persons Offenses

The Belmar criminal attorneys of Villani & DeLuca are experienced in handling all indictable offenses in addition to disorderly persons offenses. These offenses are of a general category that are often written by Belmar Police Officers. Although they occur year round, Belmar disorderly persons offenses are very common during the summer months due to the tremndous increase in population.  Many vacationers visit Belmar during the summer time with a party mindset where alcohol and tomfoolery abound.  Disorderly persons offenses and petty disorderly persons offenses can result in: fines of up to $1,000.00 along with other administrative costs and monetary penalties, a payment for restitution, probation, and up to six months in jail.

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

Belmar Police Officers often write the common disorderly persons offense of disorderly conduct. Disorderly conduct is an offense that is written when a person causes a disturbance, inconvenience, annoyance, or alarm to the public. Usually this occurs when a person engages in a fight, engages in tumultuous behavior, or creates a hazardous condition. Furthermore, a disorderly conduct charge can be written if offensive language is used in a public setting. Yelling loud and offensive language on the street after leaving a local bar could result in a disorderly conduct offense.

If you have been charged with a disorderly conduct offense, call the experienced Belmar criminal defense lawyers of Villani & DeLuca at 732-456-6510 for a free initial consultation.

Use or Possession of a Fake ID Lawyer in Belmar

Use or Possession of a Fake ID (N.J.S. 2C: 21-2.1)

Fake Identification (‘ID”) charges can be very serious in Belmar. If you are caught in possession of or in the process of using a fake ID, you can be charged with a disorderly persons offense. A “fake ID” can be a falsified drivers license, birth certificate, or any other falsified government document. Usually, fake ID’s are used to verify age or identity for the purpose of obtaining alcohol and tobacco products. If the person using the fake ID is the only person deriving the benefit of it, then more often than not it will be charged as a disorderly persons offense. You may face harsher penalties if you use your ID to obtain alcohol for other underage drinkers as well as yourself.However, if you tamper with any public record, the penalties can follow those of indictable offenses as 3rd and 4th degree crimes.

If you have been charged with possession of a fake ID in Belmar, call Villani & DeLuca at 732-456-6510 for a free initial consultation.

Simple Assault Lawyer in Belmar

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

Belmar during the summer months becomes a Jersey Shore gem of excitement and entertainment with its many bars, clubs, and restaurants. People from all throughout New Jersey visit Belmar’s Bar Anticipation, Boathouse, D.Jais, Connolly Station, and Patty McDonald’s Ale House to drink and party.

Drinking alcohol in moderation causes most people to relax and feel euphoric.  However, there is a fine line between moderation and excess.  Drinking too much alcohol often causes reasonable people to act violently and aggressive.  In mere minutes situations can escalate from pleasant to violent and lead to physical altercations, police arrests, and charges for simple assault.

“Simple assault” simply means that you have attempted to cause or purposely, willingly, or knowingly caused bodily harm to another person. You can also be charged with simple assault if you negligently cause injury with a deadly weapon or you put another person in fear of imminent physical harm.

In our law firms 20+ years of experience in handling simple assault cases we know that every assault charge comes with its own unique set of facts and circumstances.  There are often mitigating factors that shed light onto what factually occurred in your arrest.  As a defendant in a criminal or municipal charge, you should take confidence in knowing that that everyone has legal defenses and rights guaranteed to them by the U.S. Constituion and New Jersey State Constitution. 

If you have been charged with simple assault, aggravated assault, or disorderly persons offenses please contact the law office of Villani & DeLuca immediately at 732-456-6510.

Resisting Arrest Lawyer in Belmar

Resisting Arrest (N.J.S. 2C:29-2)

If you have been charged with any offense that warrants an arrest, you can also be charged with the disorderly persons offense of resisting arrest. Often, a police officer will try to put an end to a fight or scuffle by physically restraining you. If you are in the middle of defending yourself during armed combat, you will likely be in a state of fear and confusion.  With your adrenaline running high it is easy to understand how you did not realize the person restraining you was a police officer.  Some may even strike or “assault” the police officer.  This is particularly perilous because police officers are deemed by New Jersey law as authority figures and you will be charged with the heightened crime of “aggravated assault” which carries harsher penalties similar to if you had used a lethal weapon against a ordinary citizen.

As a defendant who is being charged with the very serious charges of resisting arrest and/or aggravated assault it behooves you to obtain experienced legal representation as soon as possible.

If you have been charged with the disorderly persons offense of resisting arrest in Belmar, call the experienced New Jersey criminal defense attorneys of Villani & DeLuca at 732-456-6510 for a free initial consultation.

Possession of Illegal Drugs and Paraphernalia Lawyer in Belmar

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

Belmar has a lively night life during the summer months where young adults from throughout New Jersey come to relax and have fun.  Belmar is known for having a zero tolerance policy on drugs.  This causes many arrests to be made for common recreational drugs like Marijuana and related paraphernalia. 

If you have been caught with 50 grams or less of Marijuana you can be charged with a disorderly persons offense. If you have over 50 grams you can be charged with an indictable crime of varying degrees depending on the amount you possess. You can also be charged as a disorderly person if you are caught with illegal drug paraphernalia. Paraphernalia is considered to be anything that might be used to grow, sell, or introduce the illegal drug into the body. This usually consists of pot pipes, bongs, marijuana leaf grinders, “joint” rolling papers, and marijuana residue in plastic bags.

Drug related charges are serious and can have long lasting effects.  If this is your first drug offense you may be eligible for a diversionary program.

A conviction for possession of drugs or paraphernalia is a disqualifying charge for a school teacher or school employee.  Therefore, a conviction could result in the inability to obtain employment in a school or for those already employed, termination. If you have been charged with drug possession in New Jersey, contact the experienced drug possession attorneys of Villani & DeLuca.

Criminal Mischief Lawyer in Belmar

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

Criminal mischief charges are written by Belmar police officers when there has been damage to the tangible property of another. This can include homes, motor vehicles and signs.  Criminal mischief is only written as a disorderly persons offense when a person willingly or knowingly damages tangible property or if a person recklessly or negligently causes damage to property during the employment of a fire and the cost of the damage is less than $500. Criminal mischief can also be written when renters damage their rental property.  This usually occurs in retaliation for eviction proceedings or some other dispute. Penalties, if convicted, usually include paying restitution for the cost of the damage, and additional fines.

A conviction for criminal mischief can be a disqualifying charge for a school teacher or school employee.

If you have been charged with any indictable offense or disorderly offense, contact the experienced New Jersey criminal defense lawyers of Villani & DeLuca at 732-456-6510 for a free initial consultation.

DWI, DUI and Refusal Lawyer in Belmar

DWI, DUI and Refusal (N.J.S. 39: 4-50 and N.J.S. 39: 4-50.2)

DWI, DUI, and refusal, while not criminal, are extremely serious motor vehicle violationis with steep penalties including the possibility of jail time.  Former Municipal Prosecutor Carmine R. Villani, has over 20 years of criminal experience as both a prosecutor and defense attorney.  He is one of only a select few New Jersey attorneys who is Alcotest® certified. The State of New Jersey has mandated the use of the Alocotest® 7110 MKIII-C breath testing machine for all NJ police departments. Mr. Villani has been trained by the manufacturer, Draeger Safety Diagnostics, to operate the device and thus is intimately familiar with the complexity of the machine.  This knowledge is extremely valuable in Defending drunk driving charges as the proper functioning of the device should always be scrutinized. If you have been pulled over for DWI or DUI, and the Alcotest® has taken a (BAC) reading of 0.08% or above, you will be charged with a per se violation. You could also be charged with a DWI or DUI even if there was no BAC test administered or the test determined a BAC below the statutory limit. If the officer testifies to observing any psychophysical impairment such as stumbling and staggering, he can write and the State may convict you of a first tier, first offense DWI or DUI. If you refuse to submit to a chemical test, you can also be charged with a per se violation. First offense DWI, DUI, and refusal charges carry steep penalties that may include:

  • First  DWI Offense in Belmar
    • If BAC is 0.08% or higher but less than 0.10%
      • Forfeiture of license for up to 3 Months
      • Up to a $400.00 fine
      • 12 to 48 hours of detainment as prescribed by the Intoxicated Driver Resource Center (IDRC)
      • Up to 30 days in jail
      • Installation of Ignition Interlock Device (court discretion)
      • Other fines and penalties
  • If BAC is 0.10% or higher but less than 0.15%
    • Forfeiture of License from 7 months to 1 year
    • Up to a $500.00 fine
    • 12 to 48 hours of detainment as prescribed by the (IDRC)
    • Up to 30 days in jail
    • Installation of Ignition Interlock Device (court discretion)
    • Other fines and penalties
  • If BAC is 0.15% or higher
    • Forfeiture of License from 7 months to 1 year
    • Up to a $500.00 fine
    • 12 to 48 hours of detainment as prescribed by the IDRC
    • Up to 30 days in jail
    • Mandatory installation of Ignition Interlock Device
    • Other fines and penalties

If you have been charged with a DWI, DUI, or refusal, call the experienced New Jersey DWI attorneys of Villani & DeLuca at 732-456-6510 for a free initial consultation.

Motor Vehicle Violations Lawyer in Belmar

Motor Vehicle Violations

In 2010, Belmar saw an estimated 645 motor vehicle violations. These can include but are not limited to: speeding, reckless driving, careless driving, failure to yield to traffic signs, failure to yield to pedestrians in a crosswalk, and illegal lane change. Motor vehicle violations can be costly in court fees and penalties as well as result in increased car insurance premiums.  If you have been pulled over and charged with any motor vehicle offense in Belmar, call upon the experience of the New Jersey municipal court and criminal lawyers of Villani & DeLuca.

Call Villani & DeLuca at 732-456-6510 for a free initial consultation.

Underage Drinking Lawyer In Belmar

Summer House Parties Can Lead To Underage Drinking In Belmar

Underage Drinking (N.J.S. 2C:33-15)

Belmar has long been known as a great summer rental hot spot. Renters and full time residents alike enjoy the beaches and the nightlife. Many college students migrate to Belmar for the summers to escape their college campuses. Some renters who are not of legal age are eager to continue their social drinking throughout the summer perhaps not realizing that they are no longer on a college campus where the environment is more relaxed in terms of underage drinking. Belmar police officers will look for underage drinkers either at house parties, on the beach or boardwalk, and even at the bars. Often, police will respond to a noise complaint and find a group of underage drinkers on a porch or deck and will charge them with Underage Drinking in Belmar.

You Will Face Significant Penalties For Underage Drinking In Belmar

If you are caught underage drinking in Belmar, you will be charged with such and face disorderly persons offense penalties. Those penalties include a $500.00 fine, possible jail time, other fines and penalties, and possibly losing or postponing receipt of your drivers license for up to six months. Often, police may write you charges for underage drinking and for fake ID if you were found at a bar or liquor store and you used a fake ID to make your purchase. If written both, you face heavier fines and penalties for a conviction.

If Charged With Underage Drinking In Belmar, Call Villani & DeLuca

Underage Drinking in Belmar can carry serious consequences if caught by the police. Villani & DeLuca, P.C. attorneys have a lot of experience defending against underage drinking and fake ID charges. Call 732-456-6510 today for a free initial consultation.