In New Jersey, it is against the law to operate a motor vehicle with a blood alcohol concentration of 0.08% or more. If a person’s blood alcohol concentration is greater than 0.10%, the penalties are more severe. A DUI offense is a motor vehicle offense by law and not a criminal offense in New Jersey. If you are found guilty or plead guilty to a DUI, the offense will remain on your driving record permanently. However, since it is not a criminal offense in New Jersey, the DUI will not show up on a criminal background search.

New Jersey has very strict penalties for DUI offenses, and it is a very costly offense with fines, surcharges, and fees. In addition, there are secondary costs, such as an increase in car insurance rates. The New Jersey Supreme Court has also ruled that there are no plea agreements permitted in DUI cases, which means that the municipal court judge cannot allow the DUI offense to be downgraded to a different charge in return for a guilty plea. However, it is important to be represented by counsel if you are charged with a DUI because the attorney can ensure that the traffic stop was legal and that the blood alcohol concentration readings are accurate and obtained in the proper way. Finally, an attorney can negotiate for other charges in addition to the DUI to be downgraded or merged into the DUI and make an argument for the minimum sentence.

The local court in your community is known as the municipal court. Municipal Courts in New Jersey are the courts where motor vehicle offenses, minor criminal-type offenses (such as simple assault, minor drug and alcohol offenses, or theft of property worth less than $200.00), municipal ordinance offenses (such as noise violations or building code violations) are heard. Every municipality has its own municipal court that has jurisdiction only over the cases that occur within its boundaries. It is important to take an appearance in municipal court seriously because the penalties for the various offenses can include jail time, fines, motor vehicle points and surcharges, and/or suspension of a driver’s license. Usually you receive a ticket or summons telling you that you must appear in municipal court on a specific date and time. If you fail to appear on the date and time indicated, the Court may issue a warrant for your arrest.

You can appear and request a postponement if you need time to obtain an attorney or to prepare your defense, but you must request the postponement in person from the Judge. There are several reasons that you may request a postponement, including for time to obtain the discovery. Discovery allows each party to request relevant information and documents from the other side, including police reports, photographs, laboratory results. It can take time for the other side to provide the information to you, which could result in your case being postponed for the exchange of discovery. Another reason to request a postponement is for time to consult with or to retain an attorney. Usually the municipal courts will grant one postponement request for you to retain an attorney, but it is a good idea to contact an attorney as soon as possible after receiving a ticket or summons for municipal court.

Laurie knows the Courts, knows the process, and knows the law. Laurie will use her combined knowledge and experience to get you the outcome that you want and deserve.

Laurie has spent years appearing frequently in the Courts in the area and building a good professional reputation at the Courts. Her reputation and familiarity with the Courts will benefit you as your case progresses throughout the Court system.

Call Laurie today at (856) 745-8214 to schedule an appointment and see how her familiarity of the Courts, the Court procedures, and the law can help you.

Laurie’s approach to working with her clients is to keep it direct and personal. If you choose Laurie to be your lawyer, you can be sure that she will be the one talking to you, working on your case, providing you with frequent updates, answering all of your questions, and representing you in Court. Laurie knows how important your case it to you, and she will make sure that you are immediately informed of any new developments in your case and that you receive a quick response if you have questions or need to consult with her.

You deserve to be a priority to your lawyer. Don’t settle for less.

Call Laurie today at (856) 745-8214 and schedule an appointment to meet with her.

Since the tax deadline of April 15th is only one month away, it is a good time to review common tax issues that come up in most divorces. Who can claim the children as dependents during and after a divorce? The general answer is that the parent who has residential custody of the children can claim the children as dependents for tax purposes unless there is a written agreement or Court Order that states otherwise. Frequently the parties reach an agreement about claiming the children as dependents, and that agreement is contained in the Final Judgment of Divorce and Property Settlement Agreement. The most common agreement is to share the exemptions as long as there are no arrears due for child support.

Can I claim alimony that I am paying to my ex-spouse as a deduction on my taxes? Generally, alimony payments are tax deductible to the spouse paying the alimony and count as income for the spouse who is receiving the alimony. The Court Order does need to specify that the payment being made is alimony for it to be deductible or to count as income. If the Order does not specify which portion of a payment is alimony and which portion is child support, the payment is considered to be child support. It is important that the agreement or final Court Order specifies which portion of a support payment is allocated as alimony.