Blog
- Can You Refuse to Take a Breath Test?
Jul 14, 2025
Can I refuse to take a breath test if I am pulled over on suspicion of DUI/DWI? In a word: No. If you operate a motor vehicle on a public road or highway in New Jersey you are giving implicit consent to submit to a breath test if pulled over on suspicion of DUI/DWI. Although a police office needs reasonable grounds to believe that you are driving under the influence to request a breathalyzer test,...Read More - Penalties for DUI/DWI
Jul 1, 2025
https://www.nj.gov/oag/dcj/agguide/dwi2005-penaltytable.pdf First Offense BAC of 0.08 to 0.09 percent: Fine of $250-$400 Up to 30 days in jail 90-day driver’s license suspension Two 6-hour classes at the intoxicated drivers resource center over two consecutive days https://nj.gov/humanservices/dmhas/resources/services/treatment/sa_idp.html BAC of 0.10 percent or more: Fine of $300-$500 Up to 30 days in jail 7-12 month driver’s license suspension Two 6-hour classes at the intoxicated drivers resource center over two consecutive days https://nj.gov/humanservices/dmhas/resources/services/treatment/sa_idp.html Annual surcharge penalty of $1,000 for 3...Read More - LaBletta & Walters handles DWI/DUI Cases Throughout New Jersey
Jun 24, 2024
New Jersey has strict drunk driving laws. This is known as driving while intoxicated or impaired (DWI) or driving under the influence (DUI). There is a ban on DWI plea bargaining for a lower charge. The penalties are stiff with your first conviction costing hundreds of dollars in fines, up to 30 days in jail, and loss of driving privileges for 90 days. A You absolutely should have a qualified attorney, such as the...Read More - The Experienced DUI/DWI Attorneys at LaBletta & Walters Guide you Through your Case
Jun 17, 2024
Being arrested is just the first step in the process. Our attorneys will help guide you through the various steps in the case and explain the relative strengths and weaknesses. In order to be convicted of a That there was “ By the defendant, While intoxicated, and With an alcohol or blood alcohol concentration at or about the statutory limit. https://law.justia.com/codes/new-jersey/title-39/section-39-4-50/ Since this is a criminal case, these elements must be proven beyond a...Read More - Domestic Violence and Divorce in New Jersey: Legal Remedies and Support Systems
Jun 11, 2024
Domestic violence is a traumatic experience that has far-reaching consequences, affecting every aspect of a person's life, including their marriage. If you're contemplating The Intersection of Domestic Violence and Divorce Law In New Jersey, domestic violence isn't limited to just physical abuse; it also encompasses emotional, psychological, and financial abuse. The law outlines a comprehensive list of offenses that are considered domestic violence, including but not limited to assault, harassment, and stalking. When domestic...Read More - Establishing the Need for a Final Domestic Violence Restraining Order
Jun 10, 2024
To obtain an FRO under the PDVA, a plaintiff must not only demonstrate defendant has committed a predicate act of The facts of the case are important. The plaintiff had previously obtained a temporary restraining order, but dismissed it after the parties reached a private agreement. The Husband and Wife agreed that the Wife would have sole and exclusive use and possession of the marital home. The Husband was given sole and exclusive use...Read More - Determining Jurisdiction in Family Law Cases is Complicated
Jun 3, 2024
In any court case, your lawyer will need to decide whether the court has jurisdiction. It doesn’t matter if this is in a family part case or a civil case. Determining jurisdiction in Determining jurisdiction is particularly important in cases where spouses or parents no longer live in the same state or even within the same county in a state. Each state has its own laws regarding divorce and related concerns. If your spouse...Read More - College Contribution: Be Careful What You Agree To
May 22, 2024
In a recent unpublished decision, the court determined that the language written in the parties’ The landmark case for college contribution in New Jersey is Newburgh v. Arrigo, 88 N.J. 529 (1982). Under Newburgh, a court must consider: (1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education; (2) the effect of the background, values and goals of the parent on the reasonableness...Read More - How to Navigate the Legal Process After a DUI in New Jersey: 7 Key Steps
May 15, 2024
Facing a 1. Understand the Charges Against You The first step in navigating the legal process after a DUI in New Jersey is to understand the charges you are facing. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charges can have serious consequences, including fines, license suspension, and even jail time. In New Jersey, there is no distinction between DUI and DWI, so the terms are used interchangeably. It’s crucial to: Review...Read More - Domestic Violence Restraining Orders and Additional Protected Persons
Apr 17, 2024
N.J.S.A. 2C:25-29(b) sets forth that the Family Part "shall grant any relief necessary to prevent further 20 A-2795-22 abuse." The determination as to the appropriate relief needed in a particular case to accomplish this goal is necessarily fact specific. Under N.J.S.A. 2C:25-29(b)(7), the trial court may issue a When a judge finds that you are entitled to a FRO, then she can also list ‘other people’ as being protected persons. Generally, that would be...Read More