New Jersey DWI Lawyer Blog

It's not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it's a good idea to consult with a qualified DWI attorney to better understand one's options.

Naturally, it's a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions -- namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver's insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.

Continue reading "New Jersey Drunken Driving Defense Update: Driver's License Suspension Possible following DWI or DUI Conviction" »

Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a possible conviction and sentencing (including fines and other penalties).

As New Jersey drunk driving defense lawyers, I and my staff of experienced DWI attorneys understand very well the laws that pertain to driving while intoxicated her in the Garden State. Whether one is stopped in Monmouth, Atlantic, Passaic or Middlesex County, the process and procedures for a DWI or DUI case are more or less the same. Following the arrest and pressing of charges, it should be obvious that most individuals will want to talk to a qualified legal expert in this area of the law.

While the local procedures and customs vary from municipality to municipality, the overall process covered here is generally what any driver accused of DWI, DUI, breath test refusal or other drunken driving-related charges can expect to go through. Naturally, if you are currently charged with drunken driving and have a court appearance set for the future, it is advisable to consult with an experienced attorney to better understand your rights up front.

Following an arrest for driving under the influence of beer, wine or hard liquor, a New Jersey motorist can expect to be arraigned. An arraignment proceeding is typically the defendant's first court appearance before the court to hear the charges against him or her. If the defendant has secured counsel before the arraignment date, usually the appearance can be waived pending a pre-trail conference. If the defendant is going it alone, then an appearance before a judge -- for his or her arraignment -- is mandatory.

Continue reading "Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case" »

As a former municipal prosecutor, I know that it is sometimes difficult for the prosecution to prove that a motorist was legally drunk at the time of a DWI, drug DWI or DUI arrest. Much of the state's case against a driver accused of driving under the influence relies on supporting evidence collected at the time of the drunken driving stop. During this process, the suspect may be asked to exit the vehicle, execute several of the standardized field sobriety tests and eventually might be taken into custody to have his or her blood-alcohol content (BAC) level tested at police headquarters.

In instances where a driver has been arrested for DWI, the prosecutor's office will want to have what is referred to as "proof of intoxication." As New Jersey drunk driving defense attorneys, I my staff of experienced DWI lawyers remind those motorists charged with driving under the influence of alcohol that they should never assume that the prosecutor's case is a strong one.

There are a number of important considerations to take into account following a traffic stop that has resulted in charges of drunken driving being levied against oneself. This goes for alcohol-related DWI and even impaired driving charges as a result of prescription medication use or possibly because of a controlled dangerous substance (CDS) such as cocaine or marijuana.

Continue reading "New Jersey DWI Defense Update: Proving a Driver was Legally Intoxicated can be Challenging" »

Here in the Garden State, a motorist can be pulled over for any number of traffic violations including excessive speed, failure to maintain one's lane, improper use of turn signal and even defective vehicle equipment, such as a broken taillight or burned-out headlamp. It's not that these are unusual violations, but each of them, and many others, may open the door to other potentially more serious impaired driving charges.

Whether at happens in Bergen, Essex, Ocean or Passaic County, once a patrolman has stopped a driver for one or more of the aforementioned violations, if that officer has reason to suspect that the driver of that vehicle may be drunk or otherwise intoxicated due to the consumption of beer, wine or hard liquor, there is a good chance that the patrolman will ask the motorist to step out of the vehicle and perform one or more of the standardized field sobriety tests. If the officer is satisfied that a suspect is likely drunk, impaired or otherwise driving under the influence, police headquarters may be the next stop for a breathalyzer test.

Here in New Jersey, determining is motorist was operating a motor vehicle while impaired by alcohol, involves measuring the driver's blood-alcohol content (BAC). As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers have handled numerous kinds of drunken driving cases over the years. Ay least for the state, establishing that a defendant's BAC is above the legal limit (of 0.08 percent) is a key piece of evidence for the prosecution's case against many drivers accused of DWI.

Of course, the law states that if a person who operates a car, truck, SUV or other motor vehicle is determined to have a BAC of 0.08 percent or more, that person can be found guilty of drunk driving -- also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The abbreviation, "BAC" refers to the amount of alcohol in the bloodstream of a drunken driving suspect. It is important to understand that, while New Jersey law makes reference to 0.08 percent BAC as the legal limit, a motorist can still be convicted of intoxicated driving even if his BAC measurement is actually below the 0.08 percent limit.

Continue reading "New Jersey DWI Defense Update: What Goes into Defining Impairment for Drunken Driving Cases" »

First off, and we've said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual's personal relationships, business career and standing in his or her community. With that said, it's important to mention that being charged with DWI and being convicted for drunken driving are two separate things.

Drunk driving penalties aside, no one wants to have a DWI or drug DUI on their record. And while most people would choose to fight an impaired driving charge in court, the ones who go it alone take a big gamble without representation. In fact, there are instances where a motorist may not think that he or she has much to worry about because their breath test results were under the so-called legal limit of 0.08 percent blood-alcohol content (BAC), yet the prosecution may have the upper hand.

As New Jersey DWI defense attorneys, we know drunk driving law and see it in action on a daily basis. Being familiar with the various jurisdictions across the state can also be an advantage, although the law is the same regardless of the county in which one is arrested. We also handle drug DUI cases, which can include impaired driving while on prescription medication, as well as marijuana possession in a vehicle and other kinds of DUI, such as those cases related to use of controlled dangerous substances (CDS).

Continue reading "New Jersey Drunken Driving Update: Think You're Safe with a BAC Below 0.08 Percent?" »

In cases where a motorist has been arrested for drunken driving, one of the more significant pieces of evidence for the state is the resulting blood-alcohol content (BAC) measurement from the breathalyzer or Alcotest device employed by police agencies all across the Garden State. One thing to keep in mind, however, is that this machine on its own cannot convict a motorist of driving while intoxicated.

As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys have decades of experience representing driver accused of DWI and drug DUI. Regardless of whether you live in Ocean, Monmouth, Sussex, or Bergen County, when a police officer detects evidence of alcohol consumption by a driver, the resulting DWI arrest and drunken driving summons can set the stage for events that can change a person's lifestyle, career and even their personal relationships.

Just last month, the U.S. Supreme Court made a ruling that may be of some help to those accused of drunken driving, especially if their BAC level was measured on a breathalyzer machine. According to news articles, the recent U.S. Supreme Court decision (Bullcoming v. New Mexico) made it clear that any results from an Alcotest machine or other breath testing device must be backed up by the operator's testimony in court, or the results cannot be used as evidence against the defendant.

In this case, Donald Bullcoming was arrested on suspicion of DWI following a traffic accident with another vehicle. A state forensics laboratory tested the driver's blood and determined that it his BAC was well over the legal limit. Taking his case to trial, Bullcoming's conviction came without the testimony of the state technician who ran the BAC test. That individual was apparently not available due to being on unpaid leave. In lieu of testimony, state prosecutors introduced the technician's written report combined with testimony from another technician familiar with the lab's testing procedures.

Continue reading "US Supreme Court: Breathalyzer Results Not Valid Evidence Without Operator Testimony to Back It Up" »

Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn't know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence of drunk driving.

Motorists in Bergen, Monmouth, Ocean and Sussex County have no doubt seen these police enforcement techniques used throughout the years. And although these roadblocks are fairly random in nature, law enforcement agencies are required by law to announce future checkpoints to the public.

As a New Jersey DWI defense lawyer, I and my staff of experienced drunk driving attorneys understand the logic behind these sobriety roadblocks -- that of catching motorists who may have had too much to drink and are legally intoxicated -- however, we also know that many drivers do not even realize that their blood-alcohol content (BAC) is over the legal limit when they are stopped by police.

In an effort to assist individuals who have been unjustly accused of driving while under the influence of alcohol and prescription medication (drug DUI), my firm represents these people in a court of law. Much had been made recently of the software applications (or "apps") available to smartphone users that notify motorists of the time and location of individual sobriety checkpoints.

Several U.S. Congress members had requested Google, Apple and other smartphone manufacturers to remove these apps from their stores, considering them to be a way for citizens to subvert the law. Apparently their efforts have made Apple think twice about marketing sobriety checkpoint apps, such as one offered by Fuzz Alert. According to news reports, Apple announced that it will begin to reject iPhone applications that tip drivers off regarding locations and times of DWI enforcement checkpoints designed to catch drunken drivers. The decision by the tech giant came after pressure from Charles Schumer (NY), Harry Reid (NV), Frank Lautenberg (NJ) and Tom Udall (NM) requested that the company eliminate those types of apps from their software store.

It should be noted that Apple altered its app developer guidelines saying now that it would reject apps that identify DWI checkpoints that are NOT published by law enforcement agencies. It also says that it will reject those applications that "encourage and enable drunk driving." Although many apps that might be in violation were still reportedly on sale at Apple's App Store, the company typically gives app developers a certain amount of time to update their software offerings so that they may be able to better conform to changes in company guidelines.

Apple to nix apps that tip off drunk drivers, CBSNews.com, June 9, 2011

It's important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It's may not seem logical, however it is possible for a motorist's blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person's bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual's BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.

Continue reading "Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges" »

Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces of evidence that a motorist was operating his or her vehicle under the influence of alcohol.

Although not used in all drunk driving cases, the use of these breath test devices make up a significant percentage of DWI convictions in Bergen, Middlesex, Ocean and Morris County.

As New Jersey drunk driving defense lawyers, I and my colleagues possess an extensive understanding of the Alcotest machine, its maintenance and operation. Certainly to have these devices under close examination raises many questions about those DWI convictions on which possibly faulty BAC measurements were based, in whole or in part.

According to news articles, some facets of the Alcotest machine's reliability were ordered to be re-examined by a Monmouth County court within two months from a state appeals court decision at the beginning of April. It was not unexpected that any ruling requiring further investigation into the quality of the device's measurement capability would likely cause a delay in the prosecution of DWI-related cases where the defense presented a challenge to the proper calibration of these machines -- specifically the quality of a temperature probe used to maintain proper operation of the Alcotest model 7110 MKIII-C.

Continue reading "Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device" »

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

Speeding, weaving in and out of traffic, or running a stop sign are all ways that can get a driver killed, much less noticed by the police. While this kind of behavior can be interpreted in several different ways, law enforcement agencies tend to associate it with intoxication. In some cases they are right to do so. This is why a state trooper or local municipal patrolman will watch a potential drunken driving suspect for slurred speech, poor eye-hand coordination and other tell-tale signs of inebriation.

Here in Monmouth County, as in other areas across the Garden State, drunk driving is frowned upon by police and the courts. As New Jersey DWI defense attorneys, I and my colleagues are contacted frequently by people accused of driving under the influence of alcohol, prescription medication, and even controlled and dangerous substances (CDS) like cocaine and marijuana.

One thing all of us assume is that owners and operators of public and private transportation make certain that there drivers adhere to corporate rules and state and federal laws. Any commercial driver who is convicted of driving while intoxicated is likely to lose his or her job as a result, which would be a serious and life-changing event for someone in that field.

According to a recent news item, a driver for the Bolt Bus line that serves cities along the East Coast was arrested by police for driving under the influence (DUI) along a portion of the Garden State Parkway. Based on police reports, a passenger onboard a Bolt Bus traveling from New York to Washington, D.C., made a 911 call to report suspicion that the driver was inebriated.

The call came in just before 3pm on a Friday afternoon, sending state troopers out to pull the bus over along a southbound stretch of the turnpike. According to reports, the trooper in charge observed the bus going about 80mph, in excess of the posted speed, following dangerously close to other vehicles and illegally traveling in the left lane. Along with improperly lanes changes, these observations apparently gave the patrolman enough reason to stop the bus.

As a result, 46-year-old Elia Rodriguez was arrested after he was unable to successfully pass standardized field sobriety tests. To make things worse for the suspect, the trooper allegedly found an open container of alcohol in the driver's area of the bus. Following a breathalyzer test, authorities stated that Rodriguez's blood-alcohol content (BAC) was "well over" the legal measurement of 0.08 percent. Police charged the man with DWI, reckless driving and other traffic offenses.

Bolt Bus driver arrested on N.J. Turnpike for DWI, speeding, PoconoRecord.com, March 14, 2011

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, "Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I've been charged with DWI?"

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one's DWI case is not so unusual.

We don't worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have "positive" proof -- via a breathalyzer or Alcotest machine -- that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that "blowing" more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you're out of luck.

Continue reading "NJ Drunken Driving Arrest? Here's Why You Might Need a New Jersey DWI Defense Lawyer" »

Depending on the circumstances, a driver can occasionally be arrested for DWI yet not be physically able to provide police with a breath sample. In some cases, police will then take the suspect to a local hospital to have the person's blood and urine sampled for evidence of drunken driving. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues have seen many such instances.

A news article not long ago showed what can happen when a driver allegedly operates a vehicle under the influence of alcohol. According to the report, a later afternoon call to the local police department described a possibly intoxicated driver who had moments earlier reportedly struck a parked car on Main Street in Little Ferry, NJ, then drove off.

The driver, who was allegedly operating a grey VW, was followed by the caller to a local apartment complex. Based on police reports, officers arrived at the complex in time to observe the suspect enter one of the apartment units. After knocking, the woman answered the door. Officers apparently asked the suspect if she had just been driving the VW parked out front, to which she answered in the affirmative.

The patrolmen inquired if the woman realized that she had been in an accident, and she reportedly stated that she had. She also stated, according to police reports, that she believed she only tapped her sideview mirror. According to the news report, officers had found the VW's front passenger-side body panel had been heavily damaged.

During the interview, officers allegedly detected the odor of alcohol on the suspect's breath. Police also reported that the woman appeared disoriented and that she was not making sense when she answered the patrolmen's questions. As she walked away from the front door of her apartment, police stated that she appeared to be staggering and swaying.

Inside the apartment, police asked the suspect if she would submit to a sobriety test, to which she responded that she couldn't due to mental and physical complications. The officer apparently felt it was unwise to have the woman attempt to complete any balance tests, so they placed her under arrest and took her to the local police department where she was charged her with DWI.

Continue reading "New Jersey DWI Defense News: Driver Arrested for DWI after Hitting Parked Car in Little Ferry" »

An Atlantic City judge recently overturned a DWI conviction when he found that only a certain type of thermometer probe should be used to determine the reliability breathalyzer devices. According to recent news reports, Superior Court Judge Max Baker's decision could affect the results of numerous drunk driving cases in the Atlantic County area. Apparently, the New Jersey State Police, whose job it is to regulate the Alcotest breath test device, did not immediately say how many police departments in the county use the reportedly unreliable component.

As a New Jersey drunken driving defense lawyer, I and my colleagues are well versed in the law pertaining to drunk driving as well as drug DUI arrests. Each of our attorneys is also qualified in the operation and maintenance of the Alcotest machine cited in this news report.

Superior Court judge's ruling could negate DWI arrests throughout the county, according to other area defense attorneys and municipal prosecutors. According to court records, the ruling come from an appeal by Emilio Rivera who was pulled over on New Year's Eve, 2009, along the Garden State Parkway.

Rivera was arrested for drunk driving and taken into custody. Police eventually administered the Alcotest at the Bass River Barracks. The man's case was initially heard in Galloway Township, were he was convicted on evidence presented by the prosecutor's office. However, his attorney appealed on a number of issues, including the manufacturer of the temperature probe and the room where the defendant was tested for blood-alcohol content (BAC).

A key to the man's appeal was the fact that in the New Jersey Supreme Court's previous ruling stating that the Alcotest device could replace the Breathlyzer throughout the state, it named only one company as the approved manufacturer for the thermometer probe. Specifically, the Ertco-Hart digital measuring system is the one specified, however it has come to light that some police departments use a probe made by the Control Company.

Apparently, testimony from another case concerning the two probes showed that Control was the choice of probe mainly because it is cheaper -- about $300 compared to $2,000 for the Ertco-Hart model, which also requires yearly recalibrations that can cost upward of $700. According to the news report, Control's probe is replaced rather than recalibrated.

Continue reading "New Jersey DWI Defense Update: Atlantic County Judge Rules Drunken Driving Breath Test Unreliable" »

I've said it here before, and most people understand that DWI arrests can occur almost anywhere, and almost any time. No matter where you live in the Garden State, be it Morris, Hudson, Mercer or Atlantic County, state police troopers and other local law enforcement officers have but little tolerance when it comes to drunken driving on the part of area residents, not to mention out-of-state drivers.

This lack of tolerance covers a range of offenses such as alcohol-related DWI and drug-related DUI, the latter of which includes prescription drugs and marijuana, not to mention seriously illegal drugs like cocaine and heroine. This last group comes under the heading of controlled dangerous substances, better known as CDS.

Being a New Jersey DWI defense lawyer, I offer a vast amount of experience in the defense of motorists accused of operating a motor vehicle while intoxicated by beer, wine or other alcoholic beverages or impaired due to the affects of CDS-type drugs. It commonly accepted that police routinely will charge a driver with drunken driving when he or she is suspected of driving under the influence of drugs (DUID). These drugs can include but are not limited to narcotic, hallucinogenic and/or habit-forming substances.

To understand the process of charging a driver with drug DUI, it is also important to know that New Jersey law prohibits operating a motor vehicle by a person who is impaired by marijuana, cocaine, or other narcotics. This group also includes prescription medication such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge was established about five years ago in State v. Bealor. Moreover, State v. DiCarlo defines the term "narcotic" for the specific purpose of establishing a basis for driving while intoxicated charges here in the Garden State.

Continue reading "NJ Drug DUI Defense Update: Understanding the Difference between Drug DUI and DWI Charges" »