Trenton NJ DWI Accident Lawyers
With Offices in Pennington, New Jersey
New Jersey has some of the toughest DWI laws in the entire country. Although DWI penalties are typically severe, these penalties are enhanced if certain aggravated factors exist. One of these aggravating factors is property damage or injury. Even if the property damage was just to your vehicle, you could be subject to enhanced penalties. Additionally, even first-time offenders are looking at significant jail time in DWI accident cases. That’s why it is imperative that you contact an experienced DWI lawyer to assist with your defense.
Kamensky Cohen & Riechelson is a highly respected law firm with more than 40 years of experience handling DWI cases in New Jersey. We have successfully defended countless clients charged with drunk driving throughout Mercer County, including Hamilton, Ewing, and Hightstown. Our experienced DWI defense team knows what it takes to beat drunk driving charges. Call KCR today to discuss your case and start your defense.
Sentencing Enhancement in Mercer County NJ DWI Accident Cases
Property damage and bodily injury are aggravating factors in New Jersey DWI cases. This means that a conviction in a DWI accident case can result in sentencing enhancement.
Other sentencing enhancements in DWI cases include:
- Prior conviction for DWI
- Driver refusal to submit to a breath test
- Driver had extremely high blood alcohol concentration (BAC)
- Presence of a minor in the car at the time of the DWI offense
- DWI violation by a commercial driver
- Underage DWI offense by a person under the age of 21
- Victims provide impact statements in court and request enhanced sentencing
The threshold for these sentencing enhancements is extremely low. This means that if your DWI accident resulted in any property damage or bodily injury to another person, you could face even tougher penalties. Additionally, a DWI accident resulting in serious injury is often accompanied by additional criminal charges for aggravated assault.
Fighting a DWI Accident Charge in Hopewell, NJ
Although New Jersey DWI laws provide sentencing ranges for DWI convictions, judges have a lot of flexibility when it comes to the precise sentence imposed in a DWI case. In DWI cases involving first-time offenders, the judge has complete discretion about whether to impose a jail sentence. Additionally, NJ DWI laws do not offer any guidance on how judges should use their discretion at sentencing. This provides an opportunity for an experienced attorney to potentially persuade the judge to impose a minimum sentence in your DWI case. It also might be possible to convince the judge to suspend the sentence in your case. If this happens, you will typically be required to meet certain other requirements, such as payment of fines and community service.
An attorney can also potentially challenge the evidence in your DWI accident case. For example, if you disclosed certain information during the accident investigation, it’s possible that you were granted immunity so that you could speak freely. This means that anything you disclosed during the investigation would be inadmissible in court. Additionally, the prosecution must prove that you were driving the vehicle. Depending upon the circumstances, an attorney might be able to argue that you were not actually behind the wheel of the vehicle at the time of the DWI accident.
Free Consultation with a Princeton NJ DUI Attorney
The DUI attorneys at Kamensky Cohen & Riechelson will fight your drunk driving charges and do whatever it takes to help you avoid the most serious penalties. Call us now to discuss your case with a member of our DWI litigation team, or email us to schedule a meeting at our offices in Trenton or Pennington, NJ.