A Former Judge. A Father-Son Trial Firm. Fifty Years of New Jersey Practice.

Avery & Avery, Esqs. handles DWI cases for Montclair residents and arrestees across the Essex County jurisdiction. The firm has appeared in Montclair-area DWI matters as part of its ongoing six-county trial practice.

For a free first consultation on a Montclair DWI matter, call (201) 943-2445.

Inside Montclair Municipal Court — DWI Path

First-offense N.J.S.A. 39:4-50 charges from Montclair traffic stops route to Montclair Twp Municipal Court (647 Bloomfield Ave). Refusal charges (N.J.S.A. 39:4-50.4a) follow the same path. Repeat-offense or DWI-with-injury cases (N.J.S.A. 2C:11-5.3, assault by auto) escalate to Essex County Superior Court in Newark. Montclair Township Police Department executes Alcotest 7110 stops; State v. Chun (2008) foundation challenges remain the standard defense angle.

Montclair Twp Municipal Court

Address: 647 Bloomfield Ave
Phone: (973) 509-4774
Court days: TUESDAY & WEDNESDAY
Office hours: MON-FRI 8:30AM - 3:30PM

Essex County Superior Court (Newark)

Address: Wilentz Justice Complex, 212 Washington Street, Newark, NJ 07102
Phone: (973) 776-9300
Vicinage: Essex Vicinage (Vicinage 04)

The Legal Framework

DWI in Montclair is governed by:

N.J.S.A. 39:4-50 — first and multiple offense DWI
N.J.S.A. 39:4-50.4a — refusal / breath-test refusal
State v. Chun, 194 N.J. 54 (2008) — Alcotest foundation challenge standard

First-offense DWI in Montclair stays in the local Municipal Court. DWI-with-injury (N.J.S.A. 2C:11-5.3, assault by auto) escalates to Essex County Superior Court.

About Montclair, NJ

Montclair sits in Essex County, NJ. Key facts:

Density: 6,409 per sq mi
2020 Census population: 39,980
Land area: 6.2 sq mi
ZIP codes: 07042, 07043
Mayor: Renee Baskerville
Incorporated: April 15, 1868 (as township)
Elevation: 299 ft

Montclair Local Context

Montclair Twp Municipal Court sits at 647 Bloomfield Ave, phone (973) 509-4774; court days TUESDAY & WEDNESDAY.
Montclair Township Police Department is led by Chief Todd M. Conforti at 647 Bloomfield Avenue Montclair NJ 07042.
Montclair ZIP codes: 07042, 07043.

The Avery Advantage for Montclair DWI

Bench to defense bar. Robert W. Avery spent fifteen years as a Municipal Court Judge (1986-2000) before returning to full-time trial practice. That vantage point — knowing how judges think, what makes a case credible, and where prosecutors have flexibility — shapes every Montclair DWI engagement.

John S. Avery, second-generation. John joined the firm in 2012. Across both attorneys, Montclair clients have same-day callback access and direct attorney contact — no paralegals, no hand-offs.

Statewide reach. Bergen, Hudson, Essex, Passaic, Morris, and Sussex — the firm covers all six counties from its Ridgefield base.

Sister Essex Cities We Cover

We routinely appear in Montclair’s neighboring Essex County municipalities. See:

And the Essex County DWI landing covers the full county.

Frequently Asked Questions

Where do Montclair DWI cases go?

Montclair Twp Municipal Court for first-tier matters; Essex County Superior Court (Newark) for indictable / over-threshold matters.

How fast can you respond to a Montclair arrest / hearing?

Same-day callback during business hours; same-evening for arrests on weeknights. Call (201) 943-2445.

Do you handle other Essex County practice areas?

Yes — see our Essex County Lawyer page for the full practice list, and the practice tops at /practice-areas/dwi/.

No-Cost Initial Consultation — Montclair DWI

Call (201) 943-2445 or submit through the form.