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DWI or DUI

Have you been Charged with a DWI or DUI in Wall, NJ?

If you have been charged with a DUI or DWI in Wall, NJ, you are facing potentially serious consequences. A Wall DWI or DUI has penalties that range from 30 days in the County Jail to 180 days in the County jail depending on whether your DWI is a first, second or third offense. Another significant consequence is a mandatory loss of your Driving privileges in New Jersey from 3 to 12 months for a first offense, 2 years for a second DWI and 10 years for a third DWI or DUI. Whether you are in college or employed full time, a loss of your driving privileges can be devastating to your educational and employment opportunities. Finally, a DWI or DUI conviction will result in heavy fines, and will result in car insurance surcharges that could impact the cost of your car insurance for years.

Wall, NJ DUI and DWI Lawyers – Stop Worrying - Call Us -(732) 303-7857
Clark, Clark and Noonan – conveniently located in Wall, New Jersey
Lawyers with Your Solution – You May Be Able to Avoid the Consequences

The Wall police department aggressively patrols their town specifically looking for driver’s they suspect may be under the influence of alcohol. Whether you just had a few drinks at a local Jersey Shore bar or had a few drinks with some friends, the Wall police will often stop your vehicle even though you may believe that you were driving perfectly fine. Regardless of why you were charged with a DWI or DUI in Wall, our lawyers have a solution for you. The lawyers at The Law Offices of Clark, Clark and Noonan LLC have represented hundreds of clients charged with DWI or DUI in Wall, New Jersey which is technically known as a violation of New Jersey traffic regulation 39:4-50. Our certified criminal trial attorney and former prosecutors have consistently handled these types of cases in and around Wall, NJ for well over 30 years.

Our main goal is to do everything possible to help you keep your driving privileges in New Jersey. How do we do it? Our Wall trial lawyers are solely dedicated to the practice of DWI DUI criminal law. We have the ability to attack the mistakes made by the police in conducting the motor vehicle stop, attack the credibility of the witnesses against you and attack the reliability of the Breathalyzer test you may have taken. If there is a way to get your Wall DWI or DUI dismissed, we will find it. Our Wall DWI lawyers have been consistently successful in having DWI charges dismissed or amended to a non-DWI violation which will allow you to keep your NJ Driver’s license. Even when the case against you appears strong, you always have a defense. Do not let one incident permanently effect your liberty, employment or educational opportunities. If you have been charged with a DUI or DWI in Wall, NJ call us today at Clark, Clark &, Noonan for a free consultation and case assessment at (732) 303-7857. Our office is conveniently located just minutes away from the Wall Municipal Court.

Charged with a DWI or DUI in Wall, NJ – You May Have a Defense – Illegal Motor Vehicle Stop

Just because the Wall police pulled you over, it does not mean they had the right to run you through psychophysical tests, search your car or drag you down to the Wall police station to submit to a Breathalyzer test. At Clark, Clark and Noonan, we are experts at asserting your Fourth Amendment right to be free from unreasonable searches and seizures. If the police violated your rights, the Court could suppress your Breathalyzer results and your Wall DWI charge could be dismissed. For example, the police often justify the stop of a driver’s car by claiming the driver “failed to maintain his lane.” At our firm, we scrutinize the Wall police MVR (motor vehicle recorder) to see if that is an accurate statement. Sometimes, the video shows that the police description of the driver “failing to maintain his lane” is inaccurate. If the Police did not have the right to stop you in the first place then any evidence they seized afterwards could be suppressed by the Court. In other words, your breath test results could be thrown out if the police were not justified in stopping your car. There are many other defenses based on the police conduct that our firm explores in an effort to get your Wall DWI charges dismissed or downgraded. Call us today at Clark, Clark &, Noonan for a free consultation and case assessment at (732) 303-7857.

Charged with a DWI or DUI in Wall, NJ – The State Has to Prove Operation

The Warrant or Summons the Wall police have signed against you for a DWI or DUI is nothing more than a charging document that requires you to go to court. It is not evidence of an offense. The prosecutor has to prove the case against you beyond a reasonable doubt and that includes proving that you operated the motor vehicle while under the influence. At Clark, Clark and Noonan we have represented many clients who were found by the police in their car but not operating their vehicle. Often times an intoxicated person leaving a bar or a friend’s house realizes he or she is intoxicated and simply goes to their car in order to sleep. The police, however, usually just assume you were operating your vehicle or about to operate your vehicle even though you thought you were doing the right thing. You cannot be found guilty of DWI or DUI unless you operated your vehicle or were about to operate your vehicle. You also cannot be found guilty of DUI or DWI in Wall, NJ unless the prosecutor can prove a) you were driving and b) you were intoxicated at the time you were driving. At Clark, Clark and Noonan, we have the skills, expertise and experience in getting charges dismissed when the State cannot prove operation or when they cannot prove you were intoxicated when you were driving. We have the trial skills and experience to utilize every defense to help you win your case. Stop worrying and go with the firm that gives you the best chance of keeping your Driver’s License. Call us today at Clark, Clark &, Noonan for a free consultation and case assessment from one of our three lawyers at (732) 303-7857.

Charged with A DWI or DUI in Wall, NJ - Breathalyzer Results May be Invalid

If you were charged with a DWI or DUI in Wall, NJ and submitted to a Breathalyzer test, all is not lost. In Wall and New Jersey in general, you are presumed intoxicated if your Breathalyzer reading is 0.08 or higher. At Clark, Clark and Noonan, however, we look to attack those results. First, the Breathalyzer reading will not be considered accurate if the police failed to observe you continuously for 20 minutes to make sure you did not do anything to create additional mouth alcohol by burping or coughing. For example, if you cough during the 20 minute observation period, the police need to start the 20 minute waiting period all over again. The police sometimes fail to observe you for 20 minutes, fail to start the test over again when you cough, or fail to record in their police report that they even observed you for 20 minutes before giving you the test.

Another strategy we employ at Clark, Clark and Noonan, is to retain an expert to assess the accuracy of the machine itself. The Breathalyzer machine is not infallible. Admissibility of the results require that the Wall prosecutor establish the machine was in working order at the time it was administered to you. Our Breathalyzer test expert reviews the police reports, repair records for the Breathalyzer and a series of other documents directly related to the machine used in your case. Our experts routinely find some problem with the machine that calls into question the accuracy of the results. Our expert prepares a report that the lawyers at Clark, Clark and Noonan uses as ammunition in your defense. Based on the 20 minutes issue and/or the expert report, our lawyers have consistently convinced prosecutors and judges to throw out the Breathalyzer results. Depending on your case, the end result can be a plea to a non-DWI lesser charge, an amendment to a lower tier DWI (3 month loss of license instead of 7 to 12 months), or an outright dismissal. Contact our experienced attorneys and former prosecutors at Clark, Clark, and Noonan for a free consultation at (732) 303-7857.

Wall, NJ DWI or DUI Charge -Definition

The DWI or DUI law in New Jersey is located at NJSA 39:4-50 and states as follows:

39:4-50 Driving while intoxicated.

39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

(1)For the first offense:

(i)if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii)if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

(2)For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(3)For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). At Clark, Clark, and Noonan, we have the meaningful experience and pro-active defense strategies that will put you in the best position to safeguard your rights and protect your future from a Wall, DWI conviction. Call us today for a free consultation and case assessment at (732) 303-7857.

Client Reviews
★★★★★
Always attentive, very informative. They walk you through every step along the way. Ryan and partners at Clark & Clark are the guys to call when that time comes around, best legal advice around. Michael S.
★★★★★
I have had the privilege of getting to know and be able to work with Charlie and Ryan Clark as well as Michael Noonan of Clark & Clark, LLC over the last year. They have been nothing short of spectacular in getting to know. I would highly recommend this criminal defense and personal injury firm if you need to find someone to represent you in the state of New Jersey! Brent C.
★★★★★
Best damn lawyer I ever had In my life! I highly recommend Ryan Clark. Super smart, knows his stuff. Most of all he took the time to go over in detail the complete file and history of my case and took his time with me. Heaven and Hell collided! And Ryan shot from the hip like Clint Eastwood! And let me tell you or anyone you know who needs a lawyer and a good one too, it's Ryan Clark. Can't thank him enough. Francesca J.