What does a DWI arrest mean?
Posted November 20th, 2014 by Anthony Carbone, PC.
Categories: Criminal Defense.
Take a ride down Washington Avenue in Hoboken and you will likely see scores of people lined up in a somewhat orderly fashion. One might wonder if they are buying tickets to a hot event, or even hoping to receive something at no cost. Neither. The crowd is all hoping to see Bartolo “Buddy” Valastro, TV’s “Cake Boss”. One can only wonder what his recent New York DWI means and if it will further add to his notoriety.
According to news reports, the famed Cake Boss was arrested for drunken driving in nearby New York City. His blood alcohol concentration level (BAC) was .09 percent. New York considers a BAC over .08 percent or higher as driving under the influence. According to the New Jersey Division of Motor Vehicles, the standard is the same in both states.
While it might be interesting to see what penalties Mr. Valastro faces for this offense, it is a New York case. For purposes of our discussion, we will presuppose that the Cake Boss’ DWI was somewhere in lovely Hudson County.
In New Jersey, a DWI offense is not necessarily a crime. The matter can be heard in municipal court and may result in heavy fines and surcharges. However, it does not necessarily mean that the individual will be saddled with the stigma and problems associated with a criminal record. There are exceptions.
If someone is injured or killed as a result of drunk-driving, the case changes venues. It goes to Superior Court. In addition to the DWI charges, the accused will have other offenses added. The defendant will be charged with either aggravated assault or death by auto. The entire DWI case becomes a state matter, rather than a local one.
DWI cases are serious ones. If you are accused of this offense on any level, it is important to seek competent legal counsel. The Law Offices of Anthony Carbone has handled these types of cases for many years. Please call us for an appointment.