When drivers are charged with driving while intoxicated (DWI), they often must make an appearance in court like they would for many other offenses. However, DWIs are not actually considered criminal offenses and are instead classified as traffic violations under the motor vehicle code. As such, they are usually not heard in the same courts as more serious criminal offenses, although DWIs are often treated quite seriously.
In New Jersey, DWI cases are heard in the Municipal Court along with various minor offenses. Municipal courts are found in many different locations, and you must make sure you go to the right one. Check any official letters or notices you receive about your case, as they should tell you the address of the court. Often, municipal courts hear DWI cases in the towns or cities where the DWI incident occurs. Although DWIs are heard in the same court as arguably less severe offenses, you should still have a lawyer to help you, and you should call one as soon as possible.
For a free, private review of your case, call the Lombardo Law Group at (609) 418-4537 and talk to our Atlantic City, NJ DUI and DWI lawyers.
Which Court Hears DWI Trials in Atlantic County, NJ?
The court system in New Jersey, or in any state for that matter, can be complicated. Not every court hears the same kind of cases, and you need to make sure you go to the right location for your DWI cases. In New Jersey, DWIs are technically not considered criminal offenses and are not tried in the same courts as many indictable crimes. Instead, DWIs are considered traffic violations within the motor vehicle code, and they are tried in Municipal Court.
Municipal Court hears various cases that often involve relatively minor offenses. For example, ordinary traffic violations such as running red lights or speeding usually end up in Municipal Court. Certain disorderly persons offenses and petty disorderly persons offenses, which often involve little to no jail time, often end up in this court. Since DWIs are not classified as criminal offenses, they end up in Municipal Court, too.
There is no single Municipal Court building. These are usually local courts that handle cases within a limited geographic area, like a town or city. Many cities have their own municipal court buildings, although all operate within the overall municipal court system. Review any paperwork or notices you have received regarding the DWI with our Folsom, NJ DUI and DWI defense lawyers so we can determine where your case will be heard.
What Happens During a DWI Trial in Atlantic County, NJ?
People often picture hearings similar to those for criminal trials when they think about DWI cases. While this is somewhat true, it is not entirely accurate. Remember, DWIs are not considered criminal offenses because they are classified under the motor vehicle code, not the criminal code. They also tend to carry minimal jail time, even in more severe DWI cases. As such, DWI trials lack a few of the bells and whistles more common in criminal cases.
First, there is no jury in a DWI trial. Instead, a judge decides your case. In many criminal cases, defendants have a right to a trial by jury, but they may waive this right in favor of a bench trial decided by a judge. There is no right to a jury trial in DWI cases because the penalties are not severe enough to warrant one. So, every trial is like a bench trial.
DWI cases usually move quickly, and DWI cases are often heard within about 60 days of when the defendant is initially charged. This means that many DWI defendants are in court before a judge within a few weeks of their initial arrest. While it may be good to put the whole ordeal behind you as quickly as possible, you might have minimal time to prepare a strong defense. As such, it is best to contact an attorney about your case as soon as you possibly can.
Where Your DWI Trial Might Be Heard in Atlantic County, NJ
DWI trials are heard in Municipal Court, but this does not exactly narrow down a precise location. Municipal courts can be found all over the state, and each county has numerous courts. In New Jersey, over 500 Municipal Courts are scattered across the state. Where your DWI trial is held may depend on where the DWI occurred. For example, if your DWI allegedly occurred in Atlantic City, your trial may be heard in one of the Municipal Courts in that city.
Many towns, cities, and municipalities have their own court. Some towns have joint courts that hear cases from two adjoining municipalities. This can make it confusing for some people to figure out where their case will be heard. If you cannot seem to find a Municipal Court in your city or town, try searching in neighboring towns. One court might hear cases from multiple municipalities.
Typically, defendants are informed of the location of the court hearing their case when they are charged or receive a summons. However, if you do not know, talk to your attorney. It might be possible to look up your case in the court system, or we might determine the location of the court based on the location of the alleged DWI incident.
Another possibility is that you will not have to go to the court’s physical location. Nowadays, many DWI trials occur digitally over meeting apps like Zoom. Instead of a specific court, you may need to follow a specific link on your computer. Your attorney can help you get this information.
Speak to Our Atlantic County, NJ DUI and DWI Lawyers for Legal Support
For a free, private review of your case, call the Lombardo Law Group at (609) 418-4537 and talk to our Haddonfield, NJ DUI and DWI lawyers.
