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drinkingA DWI conviction can be an ugly stain on your record that can negatively impact many aspects of your life. If you have been charged with a DWI, you need to contact a skilled New Jersey DWI attorney who can help. We will examine the facts of your case and make every effort to protect your rights. You can rest assured that our team has the credentials and knowledge base to defend you against DWI charges.

Drivers who fall asleep behind the wheel are causing more crashes and are as dangerous as drunk drivers, according to a new AAA study. The study tracked more than 3,500 people for several months. The foundation used on-board cameras in vehicles of volunteers to watch their actions as they went about their daily driving routines. What they found was an accident rate by drowsy drivers eight times greater than previously thought.

About 10 percent of crashes a year are due a to drowsy driver, compared to the one to two percent that federal agencies blame on sleepy drivers, the study said. The study is significant because it is the most in-depth study ever conducted on U.S. drivers.

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carIf you have been charged with underage driving while intoxicated (DWI), you should not hesitate to get in touch with a experienced New Jersey DWI lawyer. Even though a New Jersey prosecutor may refer to an underage DWI as a “Baby DWI” – you should not let the name fool you. When it comes to these “Baby DWIs,” prosecutors will often seek maximum penalties in a case, which is why it is imperative to have a trusted legal advocate on your side.

In New Jersey, the offense of a DWI involves driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. However, there may be many situations in which an underage driver may get behind the wheel under the influence of alcohol. If you are below 21 years of age and are suspected of driving after consuming alcohol, you may be charged with an underage DWI, also sometimes known as a “Baby DWI.” It is important to note that there is a a significant difference between a standard DWI and a Baby DWI, which can be prosecuted if the defendant had a BAC of 0.01 percent or higher.

New Jersey has a zero tolerance policy for drinking and driving. Penalties for underage DWI are serious and may include the loss of driving privileges, community service, monetary fines, and partaking in an alcohol and traffic safety education program. While the consequences for a Baby DWI might be less severe than a regular DWI, there is still a lot at stake. College acceptances, scholarship awards, car insurance rates, and even future job prospects could all be adversely affected by an underage DWI conviction.

drunk manIf you or someone close to you has been charged with driving while intoxicated (DWI), you need a seasoned New Jersey DWI defense lawyer on your side. These charges can have serious consequences for your life, so it is important to act quickly after your arrest. For many years, our firm has been committed to providing vigorous legal representation, and you can rest assured that we will help protect your rights at every step of the way. We are here to answer your questions and address your concerns.

New York Assemblyman Feliz Ortiz re-introduced a bill that, if passed, would decrease the state’s legal blood alcohol content (BAC) from .08 percent to .05 percent. Part of the reasoning for the bill comes from a recent study released earlier this year by the National Academies of Sciences, Engineering and Medicine that calls for lowering the BAC threshold because the committee behind the report found that an individual’s ability to operate a motor vehicle starts to deteriorate at low levels of BAC, increasing a person’s risk of being in a crash. In addition, the study found that in countries in which the blood alcohol content levels were decreased to .05 percent, such as Austria, Denmark, and Japan, the laws produced an effective result.

Currently, in all 50 states, drivers age 21 and older are prohibited from driving with a BAC of 0.08 percent or higher. New Jersey is no exception. In New Jersey, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher for regular drivers, 0.05 percent for commercial drivers, and 0.01 percent for drivers under the age of 21. In the vast majority of cases, law enforcement will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other tests that can be used as well, such as field sobriety tests and blood tests.

motionBeing charged with a DWI can be extremely daunting because these charges can affect many aspects of your life. As a result, these charges should never be taken lightly. If you have been charged with a DWI, you need the help and guidance of a seasoned New Jersey DWI attorney who can protect your rights. With years of experience, we are dedicated to advocating for our clients throughout the entire legal process.

Police have to adhere to certain rules and procedures when they make a DWI stop as well as when they make a DWI arrest. If these rules are not properly followed, a DWI charge may be reduced or dismissed altogether. Some of the motions that may be appropriate in your case are as follows:

  1. Illegal stop:  a motion that states you were stopped illegally, and thus any evidence based on the stop should be tossed out. In New Jersey law, a police officer may stop a motor vehicle if that officer has an “articulable and reasonable suspicion” of a violation of law by the driver or a passenger. This is a lower standard than “probable cause,” which is needed to make an arrest, but still requires detailed objective facts that would lead to a determination that the defendant broke a law. For instance, if you are pulled over for running a stop sign, the traffic violation would establish probable cause for the stop.

white pillsThere is little doubt that the United States is facing a crisis involving opioid abuse and addiction. As a result, police and prosecutors have seen a rise in DWI cases involving various types of painkillers. If you or someone close to you has been arrested for a drug DWI, it is imperative to reach out to a skilled New Jersey drug DWI attorney without delay. With years of experience, we have the knowledge base needed to defend you throughout the entire legal process.

The Centers for Disease Control and Prevention reports that the opioid epidemic killed more than 33,000 people across the United States in 2015. That is an average of 91 opioid overdose deaths every day. Overdose deaths were nearly equal to the number of deaths from car accidents. In 2015, for the first time, deaths from heroin alone surpassed gun homicides. In New Jersey, at least 1,901 people died from opioid overdose in 2016. A study conducted by the University of Nebraska Medical Center found that prescription opioid pain killers led to impaired driving in many patients, creating a risk on the nation’s roads.

Due to the prevalence of opioid abuse, this issue is undoubtedly on law enforcement’s radar. New Jersey law makes it illegal to operate a motor vehicle while impaired by either alcohol or drugs or both. Put simply, it is illegal to drive under the influence of any impairing substance, whether it is illegal, over the counter, or prescription. This law is codified in New Jersey Statute 39:4-50, which prohibits persons from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” Use of any or all of these medications can form the basis of a drugged driving charge in New Jersey.

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marijuanaAs the laws regarding marijuana continue to change in many states, police stops will change as well. Both drunk driving and drugged driving charges are extremely serious. If you or someone close to you has been charged with a DWI in New Jersey, you need to consult a diligent and hard-working New Jersey drugged driving lawyer who can assess the merits of your case. We are committed to protecting your rights at every step of the way.

The National Highway Traffic Safety Administration (NHTSA) found a 50 percent increase in the number of drivers with marijuana in their system between the years of 2007 and 2014. The NHTSA conducted its first far-reaching study to analyze collision risks related to drug and alcohol use in 2015. The study found those with THC in their system were 1.25 times more likely to be involved in an auto accident. However, when taking into account age, gender, ethnicity, and alcohol use, the rise in accident risk with the presence of marijuana was inconsequential.

If the governor-elect follows through on his campaign promise to legalize marijuana, police will have to deal with significant changes when it comes to DWI stops in 2018. Among other things, one of law enforcement’s main concerns is the lack of a reliable field test for marijuana. There is no roadside test comparable to the Alcotest used for alcohol. As a result, testing for marijuana in New Jersey typically involves taking a urine sample from the defendant and sending it to the New Jersey State Police lab for analysis. In addition, most tests can show the presence of metabolized THC in urine or blood, but proving exactly when the drug was ingested is still not entirely possible.

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school busDWI charges can adversely affect almost every aspect of your life, including your job prospects. As a result, these charges should never be taken lightly. If you are a commercial driver who has been charged with a DWI, you need to reach out to a skilled New Jersey commercial DWI attorney who can protect your rights. We can scrutinize the details of your arrest and build you an aggressive defense for your case.

A school bus driver in Lakewood smelled of alcohol when he spoke to law enforcement during a road rage investigation, police said. The driver works for Lakewood-based Jay’s Bus Service and was carrying students who attend a private school. The incident took place at about 8:30 a.m. last month when the bus had about 20 kids on board. The bus driver was initially pulled over for a road rage investigation. Upon being pulled over, however, officers noticed the driver was slurring his speech and had bloodshot eyes. The driver was arrested for driving under the influence and endangering the welfare of children.

In New Jersey, bus drivers are considered commercial vehicle drivers. Those operating commercial vehicles are subject to different rules than those operating ordinary passenger vehicles. The Federal Motor Carrier Safety Act, in combination with the New Jersey Commercial Driver License Act, prohibits commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher, a significantly lower amount than the 0.08 percent that applies to ordinary drivers.

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parking lotHave you been arrested or charged with driving while intoxicated (DWI) in New Jersey? If so, it is imperative to reach out to a trustworthy New Jersey DWI attorney who has experience with this area of law. A DWI conviction should never be taken lightly because it can have far-reaching adverse consequences for many aspects of your life. You can rest assured that we understand the seriousness of these charges and will vigorously advocate for your rights throughout the entire legal process.

Not all criminal defenses that are available in criminal prosecutions are available in DWI cases. The New Jersey Supreme Court, for instance, has held that “entrapment” is not a valid defense in DWI cases. In order to succeed with a New Jersey entrapment defense, the defendant must prove that the police conduct constituted an inducement to commit a crime by objective standards. Put simply, the defendant must show that the crime would not have been committed had the police not encouraged or induced the defendant to commit it. It is important to note that the defendant must establish entrapment by a preponderance of the evidence.

The New Jersey Supreme Court contemplated whether a DWI defendant could raise a quasi-entrapment defense in State v. Fogarty. In that case, the defendant had asked his brother to drive him home because he was too drunk to drive after a wedding reception. In the parking lot, however, the brothers got into a fight and caught the attention of local police. An officer struck the defendant’s brother with a nightstick. When the defendant asked the officer to stop hitting his brother, the officer ordered him to leave the parking lot. When the defendant failed to listen, the officer ordered him to leave again and then proceeded to escort him to his truck. The defendant complied by getting into his truck but ended up backing into a police car. He was arrested for drunk driving and later convicted by a municipal court.

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carFor most people, driving is a primary mode of transportation and a necessity to carry out day-to-day tasks. When you have been charged with driving while intoxicated (DWI), you may face a wide range of penalties, including losing your license. If you have been arrested for a DWI, it is imperative to reach out to an experienced New Jersey DWI attorney who will stand by your side at every step of the way. With years of experience, we understand how to build a strong defense for our clients.

Earlier this month, a woman was pulled over on Route 46 with a New Jersey Transit sign sticking through the roof of her vehicle. New Jersey police say the woman was drunk, and they stopped her when they noticed the sign protruding from the top of her car. According to law enforcement, the woman did not even know the sign was there. It is still unclear how the sign got there.

In the majority of New Jersey DWI cases, police pull over the driver of a vehicle for a traffic violation. Once the vehicle is stopped, police approach the vehicle and ask the driver for his or her driver’s license, as well as other information. At that point, the police officer is checking the driver’s eyes, breath, movements, speech, and general demeanor for any signs of intoxication. If the officer thinks you may be under the influence of alcohol or drugs, he or she may detain you for sobriety testing. If the officers believe there is probable cause to arrest the driver for a DWI, the driver will be put in handcuffs and taken to the police station. In the case at hand, the 52-year-old woman was arrested and charged with a DWI and careless driving after she failed two sobriety tests and a Breathalyzer reading.

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policeBeing charged with a DWI should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with a DWI, it is important to seek the help of a hard-working and reputable New Jersey DWI attorney as soon as possible. You can trust that we can thoroughly analyze the facts of your case and provide you with a vigorous defense under the circumstances.

In New Jersey, a person commits a driving while intoxicated (DWI) offense when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Being convicted of a DWI is a serious offense that can carry heavy penalties, such as fines and fees, license suspension, ignition interlock device, community service, and even jail time. Every subsequent DWI carries harsher penalties. For example, a third offense will have much more severe penalties than a first-time DWI.

The state bears the burden of proof in all DWI cases. The state has to prove every element of a DWI ‘beyond a reasonable doubt.’ This is the highest standard in the legal system and requires the government to prove every element of the crime to a degree that would leave jurors with an abiding conviction that the defendant is guilty.

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