New Jersey DWI Lawyer Blog

Here in the Garden State, motorists are rather familiar with the presence of police road patrols, as well as the typical saturation patrols that occur from time to time during holiday weekends and other periods well known for family and friendly get-togethers where alcohol is usually served. It is at these times that the rate of potential drunken drivers rises to the occasion as well.

As New Jersey DWI-DUI defense attorneys, I and my legal staff know the ease with which a driver can be stopped for a traffic violation only to find him or herself accused of driving under the influence of beer, wine or hard liquor. For the younger crowd, police may from time to time find evidence of marijuana inside the vehicle or on the driver's person, which can lead to a drug DUI or possession charge.

Any time a motorist is stopped by the police, it can be an unsettling and intimidating experience. Just the mere presence of a police officer, be it a state patrolman or a local municipal officer, can cause a driver to act out of character or become flustered. As of experienced drunken driving lawyers, my firm understands how certain mannerisms, coupled with so-called evidence of alcohol consumption can lead to a DWI arrest, the outcome of which will have a great deal to do with the subsequent breathalyzer test and other evidence from the state.

Of course, being stopped in Morris County, like Monmouth, Ocean and Bergen counties, results in very similar procedures, but the circumstances may vary considerably. As many people know, a driver cannot be stopped on the street simply on a policeman's hunch that the motorist is drunk. There must be a specific violation witnessed by that officer. However, in the case of drunk driving checkpoints, a driver and his passengers become the focal point of an officer's attention as soon as the vehicle they are in is waved into the sobriety roadblock area.

Continue reading "Morris County Drunken Driving News: New Jersey's Holiday DWI Patrols and Sobriety Checkpoints Continue" »

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.

Continue reading "Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists" »

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national "Over the Limit, Under Arrest" campaign, it's a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it's hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock) for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual's personal and business relationships or standing in the community.

Continue reading "New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown" »

Drivers traveling in the Rockaway Township area, and other municipalities around the Garden State, will likely be seeing more and more drunken driving patrols on New Jersey roadways in the coming weeks as the Labor Day holiday approaches. During times such as this, law enforcement agencies in Morris, Bergen, Monmouth and other counties across the state will be operating heightened anti-DWI patrols as part of the annual nationwide "Over the Limit, Under Arrest" drunk driving crackdown.

The enhanced enforcement period is apparently due to begin on next week on August 19 and run through Labor Day weekend, ending on September 5. During this period motorists can expect to see and perhaps be the subject of police sobriety checkpoints (also known as DWI roadblocks). The purpose of this type of roadside anti-drunken driving enforcement technique is to identify drivers who may be operating their cars while impaired by alcohol, prescription medications (drug DUI), and even illegal drugs, or controlled dangerous substances (CDS) like marijuana and cocaine.

In places like Rockaway Twp., local police officers participate in this statewide intoxicated driving enforcement program, which is funded by the federal government through grant monies. These additional outside funds allow police departments to operate drunk driving checkpoint during "high risk" periods, such as national holidays, as well as maintain roving patrols to target motorists who may be impaired due to alcohol use.

As drunk driving lawyers providing DWI defense for New Jersey residents, I and my colleagues have seen the effect of enhanced enforcement campaigns. Numerous drivers are picked up either on the road or at DWI roadblocks and charged with driving under the influence, breath test refusal and other related offenses.

Continue reading "New Jersey DWI News: Sobriety Checkpoints, Increased Drunken Driving Patrols in Morris County" »

In the wake of controversy revolving around State Police Trooper Sheila McKaig's alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig's case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence, according to reports, the agency has reportedly launched a review of the use by troopers of so-called "undercover identification cards." Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public's safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.

Continue reading "New Jersey Drunk Driving News: State Police Institute Tighter Standards Regarding Troopers Arrested for DWI" »

Whether you've received a summons for driving while intoxicated or been arrested for prescription drug DUI, there's a good chance that you've been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you've been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody's life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it's a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, "Was I really drunk?" The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.

Continue reading "Morris County DWI Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?" »

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. Drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

Based on reports, police officers observed a vehicle traveling along a stretch of road in Kinnelon, NJ. The patrolmen stopped the vehicle in order to cite the driver for alleged equipment violations. During the traffic stop, officers detected the smell of burning cannabis coming from within the suspect's vehicle. After the officers inquired as to the smell, on of the occupants -- a woman from Kinnelon -- apparently admitted to smoking a combination of hash and spice in vehicle just a short while before.

Further interrogation by the police revealed that the driver, a man from Newark, had allegedly smoked some weed in the vehicle the day before. Officers subsequently removed the couple from the vehicle, during which they found a small amount of marijuana on the floor of the car and also a small quantity in the woman's purse, as well as rolling papers.

Both people were charged with marijuana possession in a vehicle, while the 26-year-old driver was also charged with driving while intoxicated, as well as possession of drug paraphernalia, possession of a CDS in a vehicle, careless driving and driving with unsafe tires. The two were taken into custody and driven to police headquarters. They were then processed and subsequently released pending a future court appearance.

Two Charged With Possession After Marijuana Allegedly Found in Vehicle, Patch.com, March 31, 2011

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" »

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly -- and of course use a designated driver whenever the need arises -- as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual's career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject's person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.

Continue reading "New Jersey DWI Defense News: Morris County Police Arrest Drivers for Drunken Driving, Marijuana Possession" »

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" »

As a New Jersey DWI defense lawyer, I represent numerous clients accused of drunken driving. These individuals may or may not have been operating their vehicles under the influence of alcohol, prescription drugs, or illegal substances such as cocaine, heroine or marijuana. Although their individual circumstances may vary, the way in which they were stopped by police and arrested for driving while intoxicated are generally similar.

Looking at the local police blotters, we typically find examples of DWI and drug DUI arrests all across the state. From Essex to Monmouth County and Passaic to Ocean County, dozens of motorists are pulled over and issued summonses every week. Sobriety checkpoints, or DWI roadblocks as they are sometimes called, are also a source of drunken driving arrests here in the Garden State. For a look at the kinds of arrests made throughout New Jersey, the following items are typical.

Denville
Local police stopped a 35-year-old female driver after she was observed driving the wrong way along a stretch of Rte 46 early on a Thursday morning. The driver, a resident of Kearny, NJ, was pulled over and apparently exhibited signs of intoxication. The officers arrested the driver and charged her with drunk driving, careless and reckless, as well as driving on the wrong side of the highway. She was subsequently released to a responsible party.

Jefferson
A local man was stopped by police after they observed the individual allegedly driving in a reckless manner in a snow-covered parking area at Stanlick School. During the stop, which occurred on Saturday, the 18-year-old driver was charged with driving under the influence and also possession of less that 50 grams of marijuana. Another man in the vehicle, an 18-year-old local resident, was also charged with possession of pot (less than 50g) and possession of paraphernalia. Both men were released pending court appearances.

A 23-year-old Sussex man was stopped for speeding by police along a stretch of Rte 15 on a Thursday. After pulling the motorist's vehicle over, officers apparently detected signs of inebriation and arrested him for drunken driving. He was subsequently released an appearance date in municipal court.

Continue reading "Morris County, NJ, Drunk Driving News: Police Charge Drivers with DWI and Marijuana Possession" »

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, marijuana and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named "Over the Limit, Under Arrest," will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey's Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

The goal is simple. According to news article, it is hoped that the campaign will ensure that drivers and passengers alike have a safe holiday by catching and arresting intoxicated motorists. These so-called concentrated efforts are designed to heighten awareness about the dangers of DWIs and DUIs, the consequences of which can have huge penalties for those convicted of driving under the influence of alcohol, prescription medication or illegal drugs.

Police departments all around New Jersey are the first to say that the frequency of drunk driving increases as the Christmas and New Year holidays approach, which usually coincides with the increased incidence of DWI-related traffic accidents. As a result of the enhanced patrols, New Jersey motorists can expect to see more drunken driving arrests now until the New Year.

New Jersey plans holiday crackdown on drunken driving, www.Philly.com, December 11, 2010

As Morris County drunk driving defense attorneys, my office represents motorists charged with DWI and drug DUI offenses. Incidents of driving under the influence of either alcohol or drugs, whether prescription or illegal substances such as marijuana, occur with relative frequency all across New Jersey.

Examples of arrests for driving while intoxicated can be found in the news almost every day. The following reports are just a sampling of the kinds of DWI and DUI traffic stops that happen on the roads throughout the Garden State. Regardless of the circumstances, it is always important to contact an experienced DWI defense lawyer to understand your options.

Early in the morning on a Thursday a 21-year-old driver was stopped by police for a motor vehicle violation. The incident quickly developed into a case of possession of drug paraphernalia. According to reports, the Bayonne, NJ, man was stopped for speeding. During the traffic stop the officer in charge determined that the motorist had some drug paraphernalia in the car. The man was taken to police headquarters for processing. He was subsequently released with a summons for speeding and a pending court date.

That same day, an arrest was made for under age possession of alcohol. Police reports indicate that a 20-year-old female driver was stopped by officers just before 9pm following an ID check at a local liquor store. Patrolmen stopped the woman and after determining that she was under 21, the officer charged her with under age possession and purchase of an alcoholic beverage. The officer discovered that the driver had presented the liquor store with false identification. She was processed and later released pending a court date.

In the early hours on a Friday morning, police stopped a driver for impeding traffic westbound along Route 24. According to reports, the officer pulled the driver over after observing the 38-year-old driver doing 39mph in a 65mph zone. After interviewing the motorist, the patrolman determined that the man was driving under the influence. He was taken to police headquarters for processing. During processing a computer check was run on the individual, which alerted police to a $2,758 arrest warrant issued by a Hudson County municipal court. The driver was issued motor vehicle summonses for impeding traffic flow, failure to maintain his lane, careless driving and driving under a suspended license. The man was turned over to the authorities in Hudson County for a couple mandatory court appearances.

Madison Police Blotter, TheAlternativePress.com, September 13, 2010

Morris County DWI Crash
Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I'll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

During the investigation at the scene of the accident, patrolmen detected the odor of alcohol on Ricucci's breath. According to police reports, the man admitted to having some alcoholic beverages prior to the accident. Police asked the man to perform several field sobriety tests, and then later to take a breathalyzer test at police headquarters. No blood-alcohol content (BAC) reading was given, however police did charge the man with drunken driving, as well as alleged careless driving. He was released pending a Municipal Court hearing.

Drunk Driving Arrest in Passaic County
A 34-year-old Newark resident was stopped by police officers after patrolmen observed a vehicle traveling very slowly and apparently being driven erratically, as well. The traffic stop happened along a portion of Route 46 just before 1am on a Saturday.

According to news reports, 34-year-old Edgar Izurieta was driving a Ford Explorer on Rte 46 near Paulison Ave. After police stopped the man's truck, the officers noticed signs of intoxicated. Suspecting that the man was operating his vehicle in an impaired state, the patrolmen had the subject take several field sobriety tests, which he allegedly failed.

Izurieta was arrested and taken to police headquarters where officers had the man take a breathalyzer test. As a result, the driver registered a BAC reading of 0.10 percent. He was subsequently charged with drinking and driving. Also included in the charges was failure to maintain his lane, driving without a valid driver's license, DWI in a school zone, and impeding traffic.

Riverdale: Police Blotter, NorthJersey.com, September 26, 2010

Police Blotter Clifton Journal, NorthJersey.com, September 10, 2010

Whether it's Snookie, Lindsay Lohan, Mel Gibson or any number of other famous personalities who have a little too much to drink, drunk driving and other traffic and civil offenses are not limited to the television screen. Not long ago, the husband of reality TV star Teresa Giudice (of ''Real Housewives of New Jersey'' fame) apparently made a somewhat successful appeal after deciding to fight court-ordered penalties following his conviction for a DWI offense in Montville, NJ, early this year.

As a New Jersey defense attorney who represents motorists charged with driving under the influence of alcohol, as well as drugs, I and my colleagues understand state and local laws pertaining to individuals arrested for drunken driving throughout the Garden State.

According to recent news articles, Teresa Giudice's husband apparently received a reduction in the penalties following an appeal from an earlier drunken driving arrest. Based on reports, a Superior Court judge substantially cut the various penalties that Giuseppe ''Joe'' Giudice faced after a March DWI hearing in Montville Municipal Court.

Giudice's first DWI conviction reportedly resulted in maximum penalties, including loss of his driver's license for 12 months, $500 fine, and 48 hours at the Intoxicated Driver Resource Center (IDRC). The municipal court judge in the original case also ordered Giudice to make a choice between 30 days of community service or a month in jail.

The recent Supreme Court decision eliminated the 30-day community service or jail time penalty completely. The presiding judge also cut the loss of license time to seven months and reduced the fine to $300. Giudice will still have to complete 12 hours at the IDRC. According to reports, the balance of the mandatory fines, less than $400, remained from the March decision.

According to police reports, Giudice's blood-alcohol content (BAC) level following the DWI accident was 0.11 percent, above the legal definition of intoxicated driving -- 0.08 percent -- for a driver in New Jersey.

Court records show that the Morris County Assistant Prosecutor had argued for the original sentence to remain in force. It was suggested that Giudice had what amounted to a poor driving record -- 39 points as of the time of trial.

Police reports show that Giudice's vehicle hit a utility pole and then flipped over. Police said that Giudice left the scene of the accident and went to a neighbor's house, where police located him about 45 minutes after the crash. The prosecutor argued that Giudice was hoping his BAC level would drop sufficiently before officers tracked him down.

Husband of Montville, NJ 'Real Housewife' Teresa Giudice gets reduction in DWI penalties, DailyRecord.com, August 21, 2010

'Real Housewives of NJ' hubby appeals Montville DWI sentence, DailyRecord.com, August 5, 2010