New Jersey DWI Lawyer Blog

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver's license. From the day we receive our learner's permit -- and later a full-fledged license -- we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist's driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver's license could be in the offing depending on the nature of the charges and the driver's history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it's hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver's license based on a local court's ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.

Continue reading "Bergen County DWI Defense: New Jersey Drunken Driving Conviction Can Lead to Revoked Driver's License" »

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" »

We recently discussed the seriousness of a teenager's conviction for underage DWI. While every parent faced with this type of situation should be rightly concerned, there are other areas of drunken driving defense law that one should also be cognizant of, such as the penalties and fines that adults can face following an arrest for driving under the influence of alcohol or prescription drugs (drug DUI).

As a New Jersey DWI defense lawyer, I can say that a conviction for operating a motor vehicle while under the influence -- either by controlled dangerous substances (CDS) or alcohol -- can carry with it some rather severe penalties. Anyone who is arrested for, charged with or accused of a DWI or drug DUI offense should seriously consider seeking the counsel of a qualified legal expert in the area of drunk driving law. An aggressive defense is important to pursue considering the harsh penalties and fines that New Jersey courts tend to levy on those convicted of drunken driving.

For individuals who are convicted of, or who plead guilty to, DWI or drug DUI charges, depending on the particular circumstances a defendant can face jail time, heavy fines, loss of their driver's license, and the addition of future premium surcharges on their car insurance policy. Of course, penalties following a drunk driving or DUI conviction are dependant on whether that particular conviction is the individual's first, second or subsequent DWI-DUI offense.

Continue reading "Middlesex County DWI Update: A Look at Penalties following a New Jersey Drunken Driving Conviction" »

For anyone who has ever been stopped by police here in the Garden State for drunken driving, impaired driving due to prescription medication (aka drug DUI), or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), you know that the potential consequences could be harsh and have long lasting effects.

Of course, alcohol use is one of the most common "legal" pastimes in Bergen, Middlesex, Ocean and Hudson counties, however other illegal substances, such as cocaine, methamphetamine and marijuana, are also being used by drivers on public roads. Of those illicit drugs, marijuana is without a doubt one of the more common illegal substances encountered by state and local police across New Jersey.

Arrests of drivers from all walks of life by New Jersey law enforcement officers for marijuana-related offenses are commonplace, which is not surprising in the least considering that an estimated 35 billion dollars' worth of marijuana is cultivated in the United States each year. In fact, with medicinal marijuana becoming more prevalent, there is a good chance that more people than ever before probably know someone who uses marijuana legally or illegally from time to time.

Even so, persons who are arrested for marijuana use or possession in Monmouth, Sussex, Passaic or Atlantic counties should take very seriously any charges levied by police. Even though marijuana may be considered to be a rather low-level drug in the grand scheme of things, the New Jersey court system treats this CDS drug no differently than any other violation of state law.

Continue reading "Monmouth, NJ, Drunk Driving Update: New Jersey Marijuana Use or Possession Charges can be Serious" »

Back in the early- to mid-20th Century, drinking and driving was at best looked at as a potential for embarrassing run-ins with the police; or something to laugh at in a motion picture comedy. At worst, it could land a person in the "drunk tank" for a day or two so that one could sober up. Of course, no one was saying that DWI wasn't a real problem -- and many times a deadly one, at that, but it wasn't as stigmatized as it had become in the '80s and '90s, and especially these days. Who knows for certain; maybe society was more accepting of the happy-go-lucky drunk, and even husbands or fathers who came come home plastered were more than likely given a pass due to the "pressures" of their work-a-day lives.

Fast forward to the 21st Century, and we have a different situation. People still drink, just as they have in the past, but tolerance for drinking and driving has more or less evaporated -- at least from the standpoint of police agencies and the judicial system. Coming home to one's family at 4am drunk is also on the outs as more and more people treat achoholism as a failing instead of a disease one cannot control.

But drunken driving isn't the issue here, today. What we are wondering, as New Jeresy DWI defense attorneys, is how soon might we see legislation that rasies driving while distracted (DWD) at chargeable offense. Of course, that's already happening in many states with passage of anti-texting and hand-free phone laws. Truly, with all the efforts afoot to make driving while intoxicated a thing of the past, is DWD legislation not far behind? Maybe yes, maybe no; but certainly, a possibility.

According to the news outlets around the country, driving while distracted will be a hot topic in the coming years. Just as DWI and drug DUI, many traffic safety advocates and law makers are looking very carefully at the impact that cellphones have had and will have on the frequency and severity of automobile accidents.

Continue reading "New Jersey DWI News: In-car Cellphone Use...the Newest Version of Driving While Intoxicated?" »

In many states, the Garden State included, ignition interlocks can be ordered installed in vehicles used by convicted drunken driving offenders as a way of keeping intoxicated drivers off the road. While some people oppose these types of laws, traffic safety and anti-drunk driving supporters maintain that mandatory ignition interlocks are a good thing.

As New Jersey DWI defense lawyers, my staff is well aware of the fines and penalties associated with a drunk driving conviction. In addition to court fees and punitive fines, motorists charged with driving while intoxicated by alcohol or prescription drugs (drug DUI) can also end up paying inflated car insurance premiums and even face jail time for multiple offenses.

One of the legal judgments that can come down from the bench following a DWI conviction is the mandatory installation of an ignition interlock onto a convicted drunk driver's vehicle. The types of devices are designed to prevent the starting of a vehicle if the operator has a blood-alcohol content (BAC) exceeding a certain value. Akin to a mini breathalyzer, an ignition interlock device will disable a car or truck's starting system if the unit detects alcohol on the driver's breath.

A short time ago, Pennsylvania's Supreme Court overturned a ruling that resulted from a legal challenge to that state's law regarding the use of ignition interlock devices. Based on news reports, the ruling not only closed a loophole in state law, it also clarified the application of ignition interlocks in DWI cases.

Continue reading "New Jersey DWI Defense News: Penn. State Supreme Court Overturns Challenge to Ignition Interlock Law" »

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it's no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it's difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired -- be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana -- the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called "routine" drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.

Continue reading "No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident" »

As anyone who has ever been arrested or even convicted of driving while intoxicated will likely know that many times a police officer will testify he detected the odor of alcohol on the motorist's breath prior to a drunk driving arrest. While this statement is usually not enough to convict a driver of DWI, it can be sufficient to prompt the officer to ask the driver to exit his or her vehicle and perform several field sobriety tests -- and from that a drunken driving arrest could be forthcoming.

As New Jersey drunk driving and drug DUI defense lawyers, I and my staff have represented numerous individuals accused of driving under the influence of alcohol, prescription medication, and even illegal substances like marijuana. Many of these people believed that they were not impaired at the time of their arrest. Still, when a patrolman states under oath that a driver smelled of beer, wine or hard liquor, it can seem as if the prosecution has a solid case against the defendant.

Earlier this fall, the Appellate Division of the Superior Court of New Jersey overturned a lower court ruling that was apparenlty pinned on the argument that a police officer who sniffed the breath of an underage teen at a party in Independence, NJ, provided sufficient notice that the individual had certain rights. The rights that were allegedly implied by the officer's "sniff test" were the young man's Miranda Rights; the lower court that rendered the guilty verdict said the act of sniffing for the odor of alcohol was akin to announcing that the suspect had the "right to remain silent."

Continue reading "Warren County DWI News: Is Smelling for Alcohol on a New Jersey Motorist a "Police Interrogation"?" »

It's probably a good bet that until a driver is arrested for driving while intoxicated (DWI) he or she has not given much thought to the process of being arrested, much less the penalties associated with a drunken driving conviction. Frankly, being stopped for a traffic violation here in the Garden State is quite common; being charged with driving under the influence is slightly less common, but a definite possibility if that motorist has recently had a drink before being stopped.

Understanding the process of a DWI or drug DUI arrest is important, since many things have to happen between the initial traffic stop and a full-blown conviction for drunk driving. First of all, it's never a bad idea to consult with a qualified legal professional regarding such an arrest or summons.

Hiring an experienced New Jersey DWI defense lawyer is something that every person accused of DWI or DUI must make himself. Can an attorney make a difference? Generally this is expected, but the outcome of any drunk driving case is based on a number of factors, including the amount and type of the evidence against the driver.

However, with the potential of still fines and even loss of one's driver's license, understanding one's situation is very important to getting through the process with the best outcome possible. Even for first-time offenders there is the possibility of jail time -- depending on the circumstances -- on top of heavy fines and other assessments, such as increased insurance auto premiums.

Continue reading "New Jersey Drunken Driving Arrest? What to Know about Blood-Alcohol Testing and Other DWI Evidence" »

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it's difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

For a percent of the population, motor-assisted bicycles can be a boon, especially for someone who is not necessarily in tip-top shape. But if an article from the Sunshine State is any indication, convicted DWI offenders could be violating term of their court-imposed sentence if they ride on a motorized bike on public roads.

According to a news article last month, a man with a DWI-related suspended driver's license in Brevard County was arrested for violating the law by riding what police say constitutes a motor vehicle. Based on reports, although Florida law does not "specifically" refer to bicycles powered either electrically or by an internal combustion engine, the confusion has led to some issues for at least one individual.

Without getting into the specific's of state law regarding when a bicycle is or isn't a motor vehicle, part of the problem apparently is that local police arrested 51-year-old Ricky Hastings for riding a converted Wal-mart "beach cruiser" into a gas powered bike. Being a mechanic who currently is on a suspended driver's license as a result of a DWI, Hastings figured that this was a more or less effortless way to commute, considering that the man has a heart condition as well.

In his part of the country, gas- and electric-powered bikes have apparently become quite popular, but local laws vary and many people who are commuting via powered bikes could be breaking the law. In Hasting's case, police claim that his gas-powered bicycle is a motor vehicle and as such, he allegedly broke the law by operating it while under a license suspension for drunken driving.

News reports indicate that the man was stripped of his driver's license four years ago, as well as being sentenced to jail time due to a DWI. Hastings was arrested in September after a state police officer found him riding along a public road. As of the date of the article, he apparently faced charges that included operating an unlicensed/unregistered motorized vehicle as well as violation of his DWI-related probation.

Another man in a similar situation was arrested for riding a motorized bicycle under "full electric power," meaning he wasn't pedaling at the time. That individual also was in a position where he decided to rely on a powered bicycle to get around due to a couple of drunk driving convictions, according to reports.

Appearing in court, the judge told the man that his bicycle was a motor vehicle, which required a license and a registration. But in a kind of catch-22, bicycles cannot be registered under that state's law, which made the mere use of the bike on a public roadway strictly against the law. That individual lost his case, as well as his appeal.

Some motorized bicycles can land you in legal trouble, FloridaToday.com, October 13, 2011

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their "time" comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.

Continue reading "New Jersey DWI Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated" »

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" »

It's safe to say that the majority of drivers in the Garden State have never been arrested for drunken driving; that said, it's also a fair bet that many of these individuals do take a drink from time to time. What may come as some surprise to a lot of people is that one needn't be a heavy drinker to be charged with drinking and driving. What only needs to happen is for that motorist who just left a party, maybe with a beers or two under his belt to be unlucky enough to catch the interest of a local patrolman after forgetting to signal a lane change, or other minor traffic law.

Here in Bergen County, one can also run afoul of the law by having a drink or two at a local pub and then happen upon a random DWI roadblock (also referred to as a sobriety checkpoint). In such cases, depending on the driver's level of inebriation a police officer may ask that the suspect step out of the vehicle and perform a few relatively simple field sobriety tests. If circumstances are right, it's possible that the motorist might end up being arrested and charged with DWI.

A breath test, using a breathalyzer machine or Alcotest device, may return a blood-alcohol content (BAC) level that meets or exceeds the legal limit for drunken driving, namely 0.08 percent. As New Jersey DWI defense lawyers, I and my staff meet dozens of people every month who have been charged with driving under the influence of alcohol or prescription medication (otherwise known as drug DUI). Some of these people likely believe that they were not impaired at the time of their arrest.

For first-time drunk driving offenders, or should we say, first-timers accused of driving while intoxicated, we understand how shocking, unnerving and embarrassing such an arrest can be. To put it mildly, it can be a rude wakeup call for many people.

Continue reading "Monmouth County Drunken Driving Update: Rude Wake-up Call for New Jersey Motorists Arrested for DWI" »

As a practicing New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the importance of individual rights and how those rights and personal freedoms are protected by the Constitution of the United States. I also know that technology continues to push the envelope of what is considered acceptable regarding free speech and free expression.

Living in such an technologically advanced, diverse and informed society, it doesn't come as much of a surprise to read of the concerns voiced by many individuals regarding the varied uses for which social media are being employed. At this point, we would have to say that this is a complex subject that likely will take years to be fully resolved.

What is clear is that there are many people, law makers and politicians included, who are concerned about how some individuals are using their smartphones and social media sites to communicate instantly the existence of drunken driving roadblocks and sobriety checkpoints, as well as speed traps and other aspects of law enforcement activities. It's no surprise that these channels of communication are highly successful at keeping people up-to-date on all issues, not just DWI enforcement zones; just take a look at the massive changes that have taken place in Middle East, which surely have been facilitated by social media.

According to a recent editorial, there may be a group of people who would like to imprison those who use Facebook and Twitter to publish warnings as to the whereabouts of drunk driving roadblocks. Is this a legitimate concern? Perhaps. However, law enforcement agencies are already required by law to publish the locations of these DWI and sobriety checkpoints in advance. It would be hard to say that a Twitter or Facebook user was revealing secret or sensitive police information.

Continue reading "NJ Drunk Driving Update: DWI Checkpoint, Sobriety Roadblock Alerts on Twitter, Facebook Raise Some Ire" »

One of the more common questions that DWI defense attorneys get asked by potential clients is the particular order of events as an impaired driving case moves through our state's law enforcement and judicial systems. Naturally, any DWI or DUI case begins with the driver being pulled over by a police officer for some other traffic offense, which could be as minor as a broken taillight. But that's just the beginning of a long and potentially costly process.

Whether the violation occurs in Hudson, Mercer, Ocean or Monmouth County, the initial stage of a drunken driving case entails the suspect being stopped by a patrolman usually for a typical traffic violation, such as defective vehicle equipment, inability to maintain a lane (i.e. crossing over the lane markings besides that of changing lanes). To be a valid, this traffic stop should be for a legitimate violation in which the patrolman has "reasonable suspicion" that a motor vehicle violation has been committed.

Based on the New Jersey Supreme Court case, State v. Carpentieri, the officer or patrolman who pulls a motorist over must have an articulable and reasonable suspicion that a traffic law violation has occurred in order for subsequent DWI charges to be legally valid. But this is only the first qualification, as once a driver is pulled over the officer needs to have "probable cause" to believe the driver has been operating that vehicle while under the influence of alcohol or is otherwise impaired by an intoxicant, prescription medication, or other substance, such as marijuana.

Once the patrolman's suspicion is realized, an arrest is usually conducted and the driver is typically taken to police headquarters for a breath test. For anyone taking notes to this point, please keep in mind that motorists do not have the right to advice from counsel at this stage of a drunken driving arrest, nor will any attorney, even one experienced in drunk driving defense, be of any help at this stage.

Once an individual is charged with DWI, drug DUI, or breath test refusal, a "complaint" is filed against that person, also known at this point as the defendant. Following the lodging of a complaint, the defendant will be arraigned, at which time he or she will be informed as to the various charges against him or her. The court will inform the defendant of his rights, per law, and then the court will ask the defendant to enter a plea of either guilty or not guilty.

If one chooses to engage a DWI lawyer to represent him or her, this initial appearance can usually be waived and the arraignment will typically be "adjourned" through the attorney drafting a letter of representation and sending that document to the court. In that letter, the attorney will advise the court that the defendant is being represented, that the defendant acknowledges being advised of his or her rights, and that he or she is entering a plea of "not guilty."

Prior to going to trial, once a defendant has entered the not guilty plea, the "discovery process" is initiated in which the prosecutor's office representing the state must turn over all evidence that was collected against the motorist to the person's attorney. It is at this point that a qualified and experienced DWI lawyer can usually determine if any issues exist with the prosecution's case, such as lack of reasonable suspicion for the initial traffic stop, no existence of probable cause for the stop or the arrest, mechanical problems or procedural mistakes in regard to the operation of the breathalyzer. An experienced attorney will also be able to decide, based on the prosecution's evidence, whether or not an expert might be needed to testify during the trial.

At trial, assuming a plea agreement is not reached in the meantime, the trial will be held in the local court of the municipality in which the defendant was charged with drunken driving or drug DUI. Since there is no legal right to a jury trial in cases of DWI and DUI violations, the trial usually takes place in front of a municipal court judge who determines the defendant's guilt or innocence. If the court finds the individual guilty, the judge will issue a sentence according to New Jersey's guidelines for DWI/DUI offenses.