New Jersey DWI Lawyer Blog

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

• $100 -- Drunk driving enforcement fund
• $100 -- Motor Vehicle Commission restoration fee
• $100 -- Intoxicated Driving Program fee
• $50 -- Violent Crimes Compensation Fund fee
• $75 -- Safe and Secure Community Program fee
• $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.

Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark's University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.

On the day of the accident, Boughner was issued a summons for DWI and had a blood sample taken to test the amount of alcohol in her system. After reviewing the case, the Union County prosecutor's office came to the conclusion that Boughner "operated her motor vehicle recklessly under the influence of either alcohol or drugs."

The area in which the accident occurred also played a part in the type of charge levied against the woman. Being just one block from Roosevelt Intermediate School the accident technically happened in a school zone, therefore the charges were upgraded to a second degree offense. This is serious and could result in this individual doing jail time should she be convicted. Boughner was released on $20,000 in bail pending a hearing.

At the time of the news report, the investigation was still ongoing. As part of the county's effort to gain more witnesses in the case, police erected a flashing sign on North Avenue asking anyone who saw the accident to come forward. Putting up this kind of sign is common when authorities are looking for a conviction in cases such as this.

Driver Charged, Could Face Jail Time, in Lord & Taylor Accident, Westfield.Patch.com, August 19, 2009

A 25-year-old resident of Clark, NJ, was hit in a Westfield crosswalk by an allegedly drunk driver last week. According to reports, Gina Marotta was hit by a car driven by a Union County woman as she crossed the street outside of Lord & Taylor. As a New Jersey DWI defense lawyer, I have great sympathy for those injured as a result of drunk driving accidents. At the same time, I know that everyone deserves to have their say in a court of law. Driving under the influence of alcohol or even prescription drugs can cause impaired judgment and result in a DUI arrest, or worse.

The news reports regarding this incident indicate that 55-year-old Leslie Boughner hit Marotta around noon on August 5 on North Avenue as the woman was returning to her job at the Lord & Taylor department store. Police officers issued Boughner a summons for DWI and also took a blood sample to check the woman's blood-alcohol content (BAC).

According to reports, Marotta suffered a broken arm, broken leg and head injuries. Emergency responders transported her to University Hospital in Newark, where she underwent surgery at the hospital's trauma center.

At the time of the news reports, the Union County prosecutor's office had not received any contact from the Westfield police regarding the case. Usually, the prosecutor's office will be contacted by police whenever there is an incident involving hit and run cases or fatal pedestrian accidents, neither of which is the case in this instance Westfield. Depending on the victim's injuries and her recovery, not to mention the driver's blood test, it's possible that the case could be handled in municipal court.

Continue reading "Pedestrian Injured by Alleged Drunk Driver in Union County, NJ, DWI Traffic Accident" »

Sometimes embarrassment seems to be the biggest part of receiving a drunk driving summons. As a New Jersey DWI defense attorney, many of the individuals I represent feel humiliated after being arrested for driving while intoxicated, but I always remind them that a drunken driving conviction itself is no laughing matter.

Being branded with a first-time conviction for driving under the influence of alcohol not only hits your wallet but also your lifestyle. In the worst case scenario, it can also jeopardize your social standing and even cost you your job. Believe me, get over the embarrassment of a drunk driving summons and contact a qualified DWI defense lawyer, fast.

It doesn't take much to merit an arrest for DWI. Recently, a Cranford man was arrested by police on drunk driving charges at a Garwood convenience store. According to reports, this individual drove his car haphazardly through the store's parking area and struck one of the vehicles parked there. Not an Earth-shattering event, but enough to get the attention of one of the store's employees.

That store cleck called the Garwood Police Department, which dispatched a squad car to assess the situation. Shortly after 8am, an officer arrived and found a damaged vehicle in the parking lot, after which the officer determined that William Parisio, 21, was the driver of the 1999 Subaru Forester that hit the parked vehicle. According to reports, the man was taken into custody and transported to the Garwood Police station where he was given a breathalyzer test, which he failed. He was charged with drunk driving and released pending a later court date.

Continue reading "Union County, NJ, Man Charged with DWI after Minor Parking Lot Fender-bender" »