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By Anthony N. Palumbo on Oct 6, 2010 |Legal
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Union County DUI/DWI Defense Lawyer - Anthony N. Palumbo
A New Jersey man drove his truck into the back of another car, then spun off into a fence and almost crashed down a steep hill into the Maurice River. The driver was charged with a DUI/DWI offense and reckless driving. He also refused a breathalyzer on the scene. In New Jersey refusal of a breathalyzer results in automatic penalties that are often stiffer than those imposed for drunk driving. The law provides that by simply driving on the road, a person consents to the breathalyzer and has foregone any right to refuse it. For a first time refusal, a driver will be be fined $600 to $1,000, and receive a license suspension for 7 months. For a second time refusal, the fines are between $1,000 and $2,000 with a license suspension of 2 years. Notwithstanding the law above, the New Jersey Supreme Court held in State v. Ravutto, 169 N.J. 227 (2001), that police cannot force a driver to physically take a breathalyzer test against his will. If a driver refuses, the police can merely advise him of the penalties that result from refusal.
My name is Anthony N. Palumbo, New Jersey criminal defense lawyer, and I have been successfully defending my clients against DUI/DWI charges in New Jersey for almost 40 years. As a former prosecutor, I know how the prosecution works, and I have the knowledge of which defenses are most effective in fighting your DUI/DWI charge in New Jersey. Contact me today for a free initial consultation at 1-866-664-8118. I am dedicated to protecting the rights of individuals charged with DUI/DWI in New Jersey. Visit my criminal and municipal court website at www.palumbo-renaud.com.
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About Anthony N. Palumbo
New Jersey Criminal Defense Attorney,35 years of experience defending individuals accused of a crime, DWI/DUI, Marijuana, Sex Crimes, Traffic Violations and Theft in Union, Monmouth, Middlesex County.
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