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DUI Lawyers in Toms River, NJ

New Jersey has some of the toughest laws in the country regarding drunk driving, specifically driving while intoxicated (DWI) or driving under the influence (DUI). Notably, there's a strict prohibition against plea bargaining to reduce DWI charges. A first-time conviction for drunk driving can result in hefty fines, a possible jail sentence of up to 30 days, and a 90-day suspension of your driving privileges, not to mention additional financial repercussions that can linger.

If you find yourself arrested for driving under the influence, prepare for mandatory license suspension, the potential for jail time, and a staggering minimum of $6,575 in fines and surcharges if convicted. If your insurance company catches wind of the conviction, you may have to pay significant premium increases over the next three years

The truth is that New Jersey's courts are notoriously harsh on people arrested for DUI and DWI. The penalties are substantial and can have a lasting impact on your freedom, work, and life as a whole. Fortunately, working with a quality DUI lawyer - like Edward G. Appel - can help prevent serious charges from going on your permanent record.

Edward G. Appel, Esq.

Since 1988 Edward honed his litigation expertise serving as a defense attorney in Criminal Cases, DUI/DWI and traffic matters.

His distinguished courtroom seasoning will benefit his clients as Edward focuses on criminal defense litigation. He has handled thousands of cases and is well versed in motion practice with years of trial experience. His philosophy of being well prepared has served him well over the years and is a testament to his work ethic and diligence. Email: eappel@southjerseydui.com

 DUI Defense Toms River, NJ

The DUI Lawyers in Toms River, NJ, You Can Trust

Did you know that getting a DUI conviction in New Jersey means that you'll have that charge on your record for everyone to see? We're not just talking about friends and family. We mean loan officers, college officials, and prospective employers - people and entities that can help set you on a pathway to success in life. For that reason alone, it's absolutely essential to have a seasoned DUI attorney by your side who can fight for your rights when it's time to go to court. That's where DUI attorney Edward G. Appel comes in.

Many law firms in New Jersey view DWI cases as just another item on their agenda. At our firm, however, it's a primary focus. Unlike those where DWI matters are handled by generalists, we have built a dedicated department solely for DWI cases, staffed with highly trained attorneys who are passionate about this area of law.

This level of specialization isn't just a talking point. It reflects our commitment to providing clients with the strongest defense possible. By leveraging advanced training and a thorough understanding of New Jersey DUI laws, our team is ready to fight your DUI charges and pursue the best possible outcomes for your case.

At the end of the day, our goal isn't to lecture you or judge your actions. Our goal is to defend you and your rights with reliable, aggressive advocacy so you have a real shot at reclaiming your life. Some of the most common situations we help clients overcome include:

 DUI Attorney Toms River, NJ
 Criminal Defense Lawyer Toms River, NJ

DUI Defense in New Jersey

There are several methods to challenge a DWI charge, so facing this accusation does not necessarily lead to a conviction. Attorney Edward G. Appel will examine the specifics of your case to identify the best approach to defend your rights and safeguard your freedom.

DUI Penalties in New Jersey

Receiving a DUI conviction can lead to significant repercussions, irrespective of whether it's your first offense or a subsequent one. The best way to mitigate the risks of jail time, fines, license revocation, and other penalties is to contest your charge with the assistance of a skilled DUI attorney in Toms River, NJ.

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 DUI Case Help Toms River, NJ

DUI Charges Involving Drugs in New Jersey

Being charged with DUI can happen if you're impaired by illegal substances, prescription medications, or even over-the-counter drugs. These situations tend to be complex, so having a skilled attorney is essential to effectively contest the charges.

DUI Penalties in New Jersey

A DUI conviction can lead to significant repercussions, whether it's your first offense or if you've been charged before. The best way to avoid penalties such as jail time, fines, and license suspension is to contest your DWI charge with the assistance of a skilled attorney.

 DUI Defense Lawyer South Jersey Toms River, NJ
 DUI Consultation Toms River, NJ

DUI Field Sobriety and BAC Tests in New Jersey

Authorities use several types of tests to ascertain whether a driver is under the influence. These tests consist of field sobriety tests, breath analysis, and blood examinations. However, the outcomes of these evaluations can sometimes be misleading. Edward G. Appel has the expertise to recognize and demonstrate the inaccuracies in these results to protect your freedom.

What Happens After You're Arrested for a DUI in New Jersey?

Most people feel anxious and frightened after getting arrested for DWI because they are uncertain about what comes next. It almost feels like you're about to hike South Toms River Silos near Toms River, NJ without the proper climbing gear. That's why it's so important to understand what to anticipate following a DUI arrest - so you can prepare yourself. The initial step in the legal process is the arraignment, which is a court session that occurs soon after your DUI arrest. At this session, the judge will outline the charges that have been brought against you and give you a summary of the penalties you might face. A significant number of traffic cases are settled with plea agreements, but prosecutors are prohibited from providing these arrangements in DUI cases.

That means you have two options: You can plead guilty and face the full penalties of a DUI conviction, or you can plead not guilty and continue to fight for your rights. There is a chance that your charges could be dropped before the trial, but this usually occurs only if there are significant weaknesses in the prosecution's evidence. The judge in your case will decide the outcome after both parties have presented their evidence. Instead of going through this complicated legal process by yourself, call a New Jersey DUI lawyer like Edward G. Appel. It could mean the difference between years of hardship and a clean record.

DUI Lawyer Toms River, NJ

Understanding DUI Charges in New Jersey: Criminal vs. Traffic Offenses

In New Jersey, driving under the influence (DUI) is categorized as a traffic violation, though the consequences of DUI charges are severe. However, a license suspension is not mandatory for all offenders. First-time offenders arrested with a blood alcohol content (BAC) level under 0.15% may avoid suspension if they quickly install an ignition interlock device (IID) in their personal vehicle. Other potential penalties associated with a DUI conviction can include community service, fines, and, in certain situations, imprisonment. Depending on the circumstances of your case, working with experienced DUI attorneys in Toms River, NJ, can help you avoid some or all of these punishments.

You may also be charged with DUI if you operate a vehicle while under the influence of any intoxicating substances, regardless of whether they are illegal, prescribed, or available over the counter. The specific type of drug is irrelevant; what matters is your impairment and inability to drive safely.

If convicted of a drug-related DUI, you could face:

  • A license suspension of 7 to 12 months
  • Up to 30 days of incarceration
  • Fines and surcharges exceeding $3,500

A second conviction may result in a jail sentence ranging from 2 to 90 days and a 2-year suspension of your driver's license, along with increased fines and surcharges.

 DUI Defense Toms River, NJ

Here's What to Expect After Your 1st DUI Charge in New Jersey

Many individuals charged with DUI believe that they will receive leniency if it's their first offense, but this is not always true. First-time offenders may incur significant fines, up to 30 days of incarceration, and the compulsory installation of an ignition interlock device (IID) in their vehicle. Penalties increase for first-time offenders with a BAC of 0.10% or more at the time of arrest.

As mentioned above, these individuals face a longer mandatory IID installation period, larger fines, and the potential for jail time. First-time offenders will also experience a rise in their auto insurance premiums after their arrest. The State of New Jersey takes DUI offenses seriously, even for those encountering it for the first time.

 DUI Attorney Toms River, NJ

Here's What to Expect After Your 2nd DUI Charge in New Jersey

It doesn't take a graduate from American Institute Toms River in Toms River, NJ to know that getting a second DUI is bad. Defendants who are charged again within 10 years of a prior conviction face increased penalties for a second DUI offense. They may be fined up to $1,000 and must serve at least 48 hours in jail, with a maximum of 90 days. Additionally, a second conviction can lead to 30 days of community service, a one-to-two-year license suspension, and two to four years of mandatory ignition interlock device (IID) use. These consequences, along with higher insurance rates, can significantly affect a repeat offender's life.

 Criminal Defense Lawyer Toms River, NJ

Here's What to Expect After Your 3rd DUI Charge in New Jersey

The court has the authority to impose stringent penalties on individuals with two or more DUI convictions within the past decade. If a person is found guilty of DUI for the third time in a 10- year span, the court may sentence them to 180 days in jail along with a $1,000 fine. Those convicted for the third time will lose their driving licenses for a duration of 8 years.

The court may also require these offenders to install an ignition interlock device for a period of two to four years after their driving rights are reinstated. Because third-time offenders are categorized as high-risk drivers, they will likely face significantly increased auto insurance rates. These individuals should anticipate an extra $1,500 surcharge on their auto insurance each year for three consecutive years. Given that these penalties can have a serious impact on both personal and professional aspects of life, it is crucial to contest the charges with help from a skilled DUI attorney like Edward G. Appel.

How Do DUI Lawyers in Toms River, NJ, Help with DUI Cases?

Hiring a well-respected DUI lawyer often has a major impact on your case's outcome. Great attorneys will get started immediately by taking a deep dive into the particulars of your case. They'll look for issues with the prosecution's evidence, such as:

  • Did on-scene officers follow protocol when storing samples and administering chemical tests?
  • Did officers have a valid reason for pulling you over to begin with?
  • Are the results from your chemical tests reliable?

If not, a lawyer can expose these concerns, potentially resulting in the dismissal of the charges. These are just a few examples of how an attorney can challenge DUI charges for you.

At the law firm of Edward G. Appel, we thoroughly investigate every detail when defending our clients. In fact, our clients benefit from personalized attention, support, and a meticulously crafted defense that aligns with the specific details of their arrest. For instance, if you're arrested for DUI near Cattus Island County Park in Toms River, NJ, our team can examine the scene, analyze the protocols police took, and interview witnesses. We're not satisfied until our lawyers have explored every potential defense strategy for your case. Through comprehensive investigation, negotiation, and, when required, litigation, we strive to achieve the best possible outcome for our clients.

Clients choose us not to simply enter a guilty plea but to robustly contest the charges against them. While no attorney can promise specific outcomes, we assure you that we will continue to advocate for you until you decide otherwise. We examine every detail of your case to ensure all necessary evidence is gathered and the right motions are submitted. There are motions available to suppress evidence if your constitutional rights were infringed upon during the stop, as well as motions to limit or dismiss evidence under particular conditions. Contact us today to evaluate your case. We are eager to help you, even if it's just to provide an initial consultation.

 Legal Representation Toms River, NJ

Top 3 Mistakes New Jersey Residents Make After a DUI Arrest

The steps you take following a DUI arrest can significantly influence your chances of successfully contesting the charges. Unfortunately, many individuals fall into common traps that can worsen their situation and negatively impact the outcome of their case. Here's a list of the three most common mistakes that people tend to make after being arrested for DUI.

 DUI Case Help Toms River, NJ
Failing

1. Failing to Hire Reputable DUI Attorneys in Toms River, NJ

When selecting a lawyer for a DUI case, you can consult your family lawyer, seek a recommendation from a friend, or find a local attorney. The biggest thing to remember is that you should hire an attorney who understands DUI law and has a solid reputation in DUI defense. Legal issues can be complicated in New Jersey, which is why competent support is paramount. Presenting the right defenses at the right time is crucial; otherwise, you may lose those opportunities. Evidence can disappear, memories can fade, and witnesses may become unavailable. A case that seems winnable can quickly turn into a lost cause. Remember that failing to act is also a choice.

 DUI Defense Lawyer South Jersey Toms River, NJ
Downplaying

2. Downplaying DUI Consequences

Understanding the implications of a conviction is a key part of strategizing your defense and can influence your defense approach. Factors such as how your home state handles convictions, the impact of any previous offenses, whether you are a commercial driver or the potential effects on your employment should be explored with a DUI lawyer who is familiar with the possible repercussions of your unique situation.

 DUI Consultation Toms River, NJ
Pleading Guilty

3. Giving Up and Pleading Guilty

Anyone can choose to plead guilty. However, if you decide to challenge your DUI charge, you have a chance of winning. By pleading guilty, you forfeit that opportunity. There are many scientific and constitutional challenges that can lead to the dismissal of your DUI case. When you plead guilty, you give up your right to contest these issues and force the State to prove its case against you. It's important to check that your lawyer is well-equipped to spot the issues that could lead to a successful defense in your case

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DUI Lawyer Toms River, NJ
 DUI Defense Toms River, NJ

DUI Dismissals Start with Great DUI Lawyers in Toms River, NJ

Since 1988, Edward G. Appel, Esq. and his team of criminal defense attorneys have fought hard for the rights of clients just like you - men and women who have been charged with a DUI in New Jersey. Because the truth is that a DUI conviction can change your life in an instant.

Opportunities that you once had may be lost, sometimes forever. Having an experienced and dedicated defense attorney by your side can mean the difference between incarceration and dismissed charges or a diminished sentence. It's critical that you exercise your right to hire an attorney who can protect your freedom and defend you in court. Call the offices of Edward G. Appel to learn more about DUI law in New Jersey and to schedule your initial consultation today.

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Latest News in Toms River, NJ

Toms River, NJ – Injuries Reported in Crash on Exit 83 Ramp

Toms River, NJ (June 4, 2025) – Emergency crews were called to the scene of a motor vehicle accident Monday morning that resulted in at least one person being injured. The crash took place at approximately 9:25 a.m. on June 2 on the Exit 83 northbound ramp from Lomell Lane.According to reports, at least one individual was transported to an area hospital following the incident. The nature and extent of the injuries have not yet been publicly disclosed. First responders worked swiftly...

Toms River, NJ (June 4, 2025) – Emergency crews were called to the scene of a motor vehicle accident Monday morning that resulted in at least one person being injured. The crash took place at approximately 9:25 a.m. on June 2 on the Exit 83 northbound ramp from Lomell Lane.

According to reports, at least one individual was transported to an area hospital following the incident. The nature and extent of the injuries have not yet been publicly disclosed. First responders worked swiftly to assist the injured, clear the roadway, and ensure the safety of other motorists in the area.

Details regarding the circumstances leading to the accident or the number of vehicles involved have not been released. Authorities are continuing to investigate the crash to determine the cause and whether any other factors contributed to the collision.

Traffic in the surrounding area was temporarily impacted as emergency personnel managed the scene and helped restore normal flow. Motorists were advised to use alternate routes during the cleanup and investigation.

We hope those injured in this accident recover quickly.

Car Accidents in New Jersey

Throughout New Jersey, motor vehicle accidents are a daily concern, particularly on busy ramps and highways where congestion and merging traffic can heighten risks. Thousands of accidents are reported statewide each year, with many leading to serious injuries. Statewide safety efforts focus on improving road designs and promoting defensive driving to reduce these numbers.

It’s helpful to understand some of the most common injuries resulting from vehicle crashes:

Following a car accident, it’s essential to seek legal guidance by contacting a car accident attorney. A knowledgeable attorney can handle negotiations with insurance companies and ensure that you receive fair compensation for your injuries, lost wages, and medical expenses. Time is critical, as acting swiftly helps preserve evidence and protect your rights.

At Metro Law, we have spent nearly 40 years helping accident victims get the justice they deserve. Led by Robert A. Solomon, our team offers personalized service and free consultations, making it easy for you to get the help you need without stress. We are available for evening and weekend appointments and are committed to fighting for your recovery. Call us today at 800-469-6476 to speak with a member of our dedicated team — your well-being is our top priority.

Springsteen tribute band and NJ club owner finally face off live on air after Trump controversy fallout

There's been a lot of media hype over the cancellation of the Bruce Springsteen tribute band No Surrender from their gig May 30 at Riv's Hub in Toms River over comments Bruce Springsteen made in England about President Trump. Each side telling their side to different outlets.Last night, the two sides spoke on The Stev...

There's been a lot of media hype over the cancellation of the Bruce Springsteen tribute band No Surrender from their gig May 30 at Riv's Hub in Toms River over comments Bruce Springsteen made in England about President Trump. Each side telling their side to different outlets.

Last night, the two sides spoke on The Steve Trevelise show on New Jersey 101.5.

No Surrender band leader Brad Hobicorn, along with keyboard player Chad Goldfarb and guitar/harmonica Ralph Notaro were in studio performing the songs "No Surrender" and "My City Of Ruins" live to promote their new gig at The Headliner on Friday, June 6, when Tony Rivoli, owner of Riv's Toms River Hub, who cancelled the original date, called in to clear the air on his end.

Listen to the on-demand show here:

Toms River restaurant owner speaks with band he canceled

"I have no issues whatsoever. My issue was never with the band," said Rivoli. "Unfortunately, it just morphed into something that's actually ridiculous."

The two have talked since then.

Hobicorn replied: "As I saw things going out of control — because I was feeling it as you were — so the whole thing was let's just move on, you do what you do to run your business as to what you see fit, and I do what I do to protect my band and their livelih ood and we move forward and that's it."

Rivoli then responded with another possible date for the ban, perhaps in fall or winter.

"These are my weak months now, the summertime. We don't do great in the summertime because everybody wants to be out there drinking. We start getting some football all the way through until about this time of the year. I would love to have you guys play. I never had an issue with you or your band and you were always a gentleman with me, Brad."

The call ended with Rivoli congratulating the guy on the success they are having and Hobicorn responded with how hard the band has worked to get here, but this whole event elevated things.

See "No Surrender" Friday, June 6 at The Headliner in Neptune.

LOOK: Every Kid Wanted to Go to These Famous TV and Movie Locations

Before Google Earth and instant streaming, your imagination had to do the traveling, and TV and movies were your passport. From pirate coves to suburban streets, these were the places every kid dreamed of visiting.

The post above reflects the thoughts and observations of Steve Trevelise. Any opinions expressed are his own.

​America's Poison Centers Warns Public About Dangers of Pink Cocaine

The national nonprofit organization describes the symptoms of overdosing on the mixture of drugs – and how to help those affected.Pink cocaine – an illicitly manufactured mixture of drugs dyed pink with food coloring also known as 2C, tusi or tucibi – emerged as a popular party drug in Europe and Latin American and is gaining popularity in the United States.Since January 2024, America’s Poison Centers National Poison Data System® has documented 18 pink cocaine exposures reported by U.S. Poison Cent...

The national nonprofit organization describes the symptoms of overdosing on the mixture of drugs – and how to help those affected.

Pink cocaine – an illicitly manufactured mixture of drugs dyed pink with food coloring also known as 2C, tusi or tucibi – emerged as a popular party drug in Europe and Latin American and is gaining popularity in the United States.

Since January 2024, America’s Poison Centers National Poison Data System® has documented 18 pink cocaine exposures reported by U.S. Poison Centers in four states. Nearly all patients (83%) received medical treatment. Seven were hospitalized, three with life-threatening symptoms. Additionally, one unconfirmed death has been reported associated with pink cocaine use.

“Pink cocaine is dangerous because you never know what's actually in it,” said Diane Calello, executive and medical director of the New Jersey Poison Control Center at Rutgers New Jersey Medical School.

“Pink cocaine is a drug often associated with the nightlife and club scene,” said Calello, adding the powdered substance, which rarely contains just cocaine, typically is a mixture of several substances such as ketamine, methamphetamine, ecstasy (or molly), fentanyl and xylazine, a veterinary tranquilizer.

“Since the contents and strength of the ingredients can significantly vary from batch to batch, a person cannot know how their body will react to each dose of the drug. Pink cocaine has a significant potential for dangerous drug interactions. Effects may include cardiac arrhythmias, seizures, cardiac arrests and other life-threatening consequences.”

Find out what's happening in Toms Riverfor free with the latest updates from Patch.

What’s in Pink Cocaine?

Despite its name, pink cocaine usually contains little or no cocaine. Initial versions contained the synthetic stimulants 2C or 2-CB. More recently, pink cocaine refers to an evolving mixture of stimulants, hallucinogens, opioids and other psychoactive substances. Pink cocaine, usually in powder or pill form, typically is swallowed or inhaled. It isn’t usually injected.

Testing of pink cocaine powders in the U.S. reveals most contained:

Other tested batches of pink cocaine contain stimulants such as methamphetamine and cocaine, strong hallucinogens such as MDA (Sally) and DMT, the anesthetic lidocaine and opioids including oxycodone and tramadol. Additionally, some mixtures may contain fentanyl.

What Are the Symptoms of Pink Cocaine Overdose?

Because the combination of drugs in each batch may not be known, symptoms may include:

Additionally, known symptoms of stimulant overdose may occur, including:

Poison centers offer the following precautions to protect against poisoning:

New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts

The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.The New York Times reports that the town of Toms River, New Jersey is planning to use eminent domain to condemn a church, raze it, and build a park and pickleball courts on the spot. The planned condemnation may be m...

The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.

The New York Times reports that the town of Toms River, New Jersey is planning to use eminent domain to condemn a church, raze it, and build a park and pickleball courts on the spot. The planned condemnation may be motivated by a desire to prevent the church from opening a small homeless shelter on part of its land:

Leaders of Christ Episcopal Church in Toms River, N.J., were preparing for a Cinco de Mayo festival late one night when the news began to spread: The mayor planned to use eminent domain to seize their church and its 11 acres of land.

Under his plan, the church, which was founded in 1865, would be replaced by 10 pickleball courts, a soccer field and a playground with a nautical theme, according to an engineer's drawing. The first vote by the Township Council, Toms River's governing board, was the next afternoon.

The proposal represented a curious new twist in an ongoing battle in the large Jersey Shore community. An affordable housing nonprofit that rents space from the church had asked to create a small homeless shelter on the very land the mayor now wanted to turn into a park. The request was unpopular with neighbors, and the organization was awaiting approval from a zoning board.

The mayor, Daniel T. Rodrick, called the timing a "coincidence." But opponents have condemned the park plan as a thinly disguised way to block the shelter.

The effort to buy or take the land is all but certain to face legal challenges. But it has unleashed an emotional debate over property rights, religious liberty and the limits of a community's responsibility to care for poor people….

"I am outraged," said Rabbi William Gershon of Congregation B'nai Israel, a conservative synagogue that has been in Toms River for 75 years. "If you can do it to them, you can do it to any of us."

Rabbi Gershon said members of the town's interfaith council were united in their opposition to the effort, which he considers an attempt to use "political levers to cudgel a community, almost vindictively."

Rabbi Gershon is right. This sort of use of eminent domain is abusive and unjust. As the NY Times article notes, there is substantial public opposition to the taking. The Mayor of Toms River (who supports the taking) has postponed the final town council vote on it until July 30.

If the town decides to proceed with the condemnation, it will likely be challenged in court under the state and federal constitutions, as not being for a "public use." Unfortunately, US Supreme Court precedents, such as the notorious ruling in Kelo v. City of New London (2005), hold that almost anything that might benefit the public in some way qualifies as a "public use," even if the land is going to be transferred to a private party (see my critique of this position in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain).

However, Kelo does allow courts to strike down "pretextual" condemnations where the official rationale for the taking is really a pretext for a scheme to benefit a private party. What qualifies as a pretextual taking is anything but clear! Lower courts have developed at least five different approaches for addressing such issues. For details, see my recent amicus brief urging the Court to revisit Kelo. But if the plan to condemn the church really is motivated by neighbors' complaints abut the potential homeless shelter, there is at least a plausible argument that the taking here is pretextual. That would be even more true if the plan provides for transferring some or all of the condemned property to a private owner.

New Jersey is within the jurisdiction of the US Court of Appeals for the Third Circuit. In Carole Media v. N.J. Transit Corp., 550 F.3d 302 (3d Cir. 2008), that court ruled that a key criterion for identifying a pretextual taking is whether there is a private beneficiary (usually the new owner) whose identity is known in advance.

I won't go into detail here. But New Jersey courts applying their state constitutional public use clause are much less deferential than federal courts applying Kelo and other Fifth Amendment public use precedents. Just ask Donald Trump, whose effort to use eminent domain condemn a widow's home to build a parking lot for one of his casinoes got struck down by a New Jersey court in CRDA v. Banin (1998) [I had a very small role in working on that case as a law student clerk at the Institute for Justice, which represented the property owners].

Whether the Toms River Church condemnation can be successfully challenged in court is likely to depend on facts such as how detailed and extensive the development plan is, whether some or all of the property will be transferred to a new private owner (public use challenges are much more likely to succeed if the answer is "yes"), and the extent of evidence of pretextual motivation.

I intend to reach out those involved to learn the answers to these questions, and - if possible - offer assistance to the Church in fighting this condemnation. If readers have relevant contacts, please let me know.

Toms River, NJ loses court battle and must build 670 new homes

TOMS RIVER — The second-largest shore town in Ocean County must build hundreds of housing units despite local officials insisting that they don't have room for so many new homes.Retired Judge Julio L. Mendez ruled against Toms River and said the township must build all 670 housing units required by its prospective need under its fourth round of affordable housing obligations, the Asbury Park Press first ...

TOMS RIVER — The second-largest shore town in Ocean County must build hundreds of housing units despite local officials insisting that they don't have room for so many new homes.

Retired Judge Julio L. Mendez ruled against Toms River and said the township must build all 670 housing units required by its prospective need under its fourth round of affordable housing obligations, the Asbury Park Press first reported.

Prospective need refers to the housing that must be built over the next 10 years.

The requirement of 670 housing units for Toms River was handed down by the state Department of Community Affairs last year.

However, township officials had argued Toms River's prospective need was only 114 units based on land capacity. Court documents said it was the largest difference that any township had proposed.

Not enough space in Toms River

Mayor Dan Rodrick has previously said Toms River, which already has 36,291 households, doesn't have enough space for new mass development.

He felt the number of required housing units could only go lower during the court battle, Rodrick said to the Asbury Park Press last month.

New Jersey 101.5 has reached out to Rodrick for comment on the recent decision.

Problems in calculating housing need

In his decision, Mendez wrote that the calculations Toms River used to reach its lower number were "very problematic."

Mendez, who used the supporting report of a special adjudicator, ruled to uphold the DCA's original number of 670 housing units.

The retired judge has the authority to make the decision through the state's Affordable Housing Dispute Resolution Program.

RELATED: Fury in NJ as state forces affordable housing construction

Last month, the Toms River township council voted unanimously to withdraw from the program.

NJ towns that need to build the most affordable housing

These 33 municipalities have the greatest number of affordable housing units that should be built, according to calculations by the Department of Community Affairs.

The "present need" refers to existing but deficient housing occupied by low- and moderate-income households. "Prospective need" refers to the housing that would have to be built in the next 10 years to accommodate the estimated growth of low- and moderate-income households. The state used a formula that considers a municipality's income and land capacity.

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