Municipal Court

In the State of New Jersey, Municipal Courts are courts of limited jurisdiction that hear cases involving DUI/DWI, traffic violations, parking tickets, and minor offenses of a criminal nature, such as simple assault, bad checks, shoplifting, trespassing, and drug possession. Municipal ordinance violations such as building code violations or excessive noise levels are also addressed in the Municipal Court, as are boating, fish and game violations.

DUI/DWI

In New Jersey, a DWI or “driving while intoxicated” is determined by blood alcohol content (BAC), where the BAC is .08 or higher and evidence of impaired capacity as a result of alcohol consumption. For a first DWI offense where the BAC is .08% or higher but less than 1.0%, the maximum penalties are 30 days in jail, a $400.00 fine, a loss of driver’s license for three months and a period of detainment for up to 48 hours as prescribed by the program requirements of the Intoxicated Driver Resource Center (IDRC). If it is determined that the BAC is 1.0% or higher for a first offense, the maximum penalties are 30 days in jail, a fine of $500.00, loss of driver’s license for one year, and a period of detainment for up to 48 hours as prescribed by the program requirements of the IDRC. For a second DWI offense, the penalties increase with maximum penalties of 90 days in jail and a $1,000 fine, 30 days community service, installation of an ignition interlock device and a loss of driver’s license for two years. For a third or subsequent violation, the maximum penalties increase to a $1,000.00 fine, 180 days in county jail, installation of an ignition interlock device and a loss of driver’s license for ten years.

Consulting an attorney as soon as possible is vital for a viable DWI defense. Through effective legal representation, in many cases, reduced sentencing or even case dismissal may be possible.

Minor Criminal Offenses

Although some more severe criminal offenses, for example, assault, robbery or auto theft, may begin with complaints filed in Municipal Court, these types of more serious criminal activities will be relegated to the Superior Court, which is a higher-level court that has jurisdiction over such cases.

Our defense attorneys have successfully litigated against allegations of drug possession, traffic tickets, reckless and careless driving, license suspension and revocation, disorderly conduct, disorderly persons, non-indictable offenses, parking tickets, and driving without insurance, license, registration or inspection.

Ordinance Violations

Numerous municipal ordinances exist to regulate matters such as animal control, noise level, fish and gaming, zoning, curfews for minors, drainage and sewers, fire prevention, health and safety, business licenses, taxes and revenues. Often when someone is charged with an ordinance violation he or she has questions about the ordinance itself, as well as his or her legal rights and possible penalties for the violation. Seeking legal counsel and even representation, when it is in the client’s best interest, can avoid confusions and possibly result in the lessening or dismissal of charges.

To discuss allegations at a Municipal Court level, please email info@schanlaw.com or contact our office at 973-808-5555 to arrange a consultation.