Claimed Lawyer ProfileQ&A
WITH 22 YEARS EXPERIENCE WE WILL HANDLE YOUR CASE WITH EXPERTISE AND PROFESSIONALISM! If you would like to discuss your legal matter, please contact us for a free consultation.
- DUI & DWI
- Traffic Tickets
- Municipal Law
- Criminal Law
- Real Estate Law
- Personal Injury
- Workers' Compensation
- Free Consultation
- Contingent Fees
For Personal Injury Cases Only.
Jurisdictions Admitted to Practice
- New Jersey
- English: Spoken, Written
- Joseph F. Morgano, Attorney at Law
- - Current
- Western Michigan University Cooley Law School
- J.D. (1995) | Law
- Monmouth University
- B.S. (1991) | Political Science
- Peer Review Rated
- American Bar Association # 03059939
- - Current
- New Jersey State Bar # 022561995
- - Current
Articles & Publications
6 Questions Answered
- Q. What should I do if charged with 2c: 35-10a(4) dp and 2c 36-2 dp First time offense
- A: The max sentence is a $1,000 fine, up to six months in jail, loss of driving priveleges and a criminal record. The good news is jail is unlikely. Further, if it's your first offense as you have indicated you would be eligible for a conditional discharge. Additionally there may be grounds to successfully challenge the charge itself. You should consult with an attorney.
- Q. I got two tickets. Driving down one way and Careless driving I want to know if I can get these charges reduced?
- A: The tickets are two points each. If you hire an attorney you will likely get the points reduced. An attorney will be able to resolve the matter by way of affidavit, so you will not have to appear. The lawyer fees will depend on the lawyer.
- Q. I was charged with a dui this week and i have a pending one from the summer - what am I looking at here?
- A: Loss of License. If you are convicted of or you plead guilty to a DWI in New Jersey, the duration of loss of license can vary depending on certain factors. One factor is the BAC (breath alcohol content) level, if you have submitted to a breathalyzer test. If you're BAC level is .08 or higher, but less than .10, the duration of loss of license is three months. (For first offense only) If you you're BAC level is .10 or higher, the duration of the loss of license is seven months to one year. (First offense only) Another factor considered is whether you have prior DWI convictions. The duration of the loss of license for a Second offense is two years, and ten years for a third offense. There are other issues that can affect the duration of loss of license, and of course there are other penalties in addition to loss of license. Fines. For a first offense, if your BAC (blood alcohol content) level is .08 or greater, but less than .10, the fine is a minimum of $250 up to $400. If it is a first offense and your BAC level is .10 or higher, then the fine is a minimum of $300 up to $500. For a second offense, the fine is a minimum of $500 up to $1000. If it is a third offense, the fine is $1000. The fines for a DWI in New Jersey are higher where the offense is committed within a school zone. (Within 1000 feet of a school). When the DWI offense was committed within a school zone, the fines are as follows: for a first offense, the fine is a minimum of $500 up to $800; for a second offense, the fine is a minimum of $1000 up to $2000; for a third offense, the fine is $2000. There may be other costs and penalties associated with DWI convictions, but the above fines are the statutory fines that will be imposed. Jail-Time. If you are convicted of a DWI in New Jersey, you may face jail-time. For a first offense, jail-time is generally not imposed, however, the court has discretion to impose a jail sentence of up to 30 days. For a second offense, there is a mandatory jail sentence of 48 hours, and at the discretion of the court, can be up to 90 days. If a jail sentence is imposed for a first or second offense, the court may approve a release into a work release program. For a third offense, there is a mandatory jail sentence of 180 days. However, the court has discretion to reduce the jail sentence by the number of days spent in a drug or alcohol rehabilitation inpatient program, not exceeding 90 days. Additionally, there are enhanced jail sentences for a DWI conviction where the offense was committed within a school zone. (within 1000 feet of a school) The foregoing is a brief summary of the potential jail sentences associated with a DWI conviction in New Jersey.
- Q. I received a ticket for "Failure to observe traffic control device" by a cop. Can I get out of this with no points?
- A: This is a 2 point ticket that can impact your driver's license and insurance premiums. If you hire an attorney, you will have a good chance at getting it reduced to zero points.
- Q. What is the difference between a DUI and a DWI in New Jersey?
- A: NJ has DWI not DUI. It is derived from the statutory language. In NJ the statutory language is "driving while intoxicated". Other states have statues using "driving under the influence", thus it is called DUI in those states. The two terms, however, are used interchangeably. Technically speaking though, NJ has DWI not DUI.
- Q. Reasonable suspicion for search...
- A: A faulty break light would be a reason for a valid stop. From that point on, if the officer detects the odor of drugs or alcohol; or there is contraband in plain sight; or your behavior is such that it appears that you may be under the influence; or other factors, the officer will investigate further. However, the 5 year old record alone should not lead the officer to investigate further, other than issuing a summons for the faulty break light. If the officer suspects that there may be CDS in the vehicle, there would probably be another reason other than the prior conviction.
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