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pulled overA police officer can stop a car for any legal reason. However, a reason is required, meaning arbitrary, unexplained stops are not permitted under the law. For example, an officer cannot just pull you over to check your driver’s license and registration. If you have been arrested or charged with a DWI in New Jersey, it is imperative to seek the help of a skilled New Jersey DWI attorney who can assess the merits of your case. We can examine the facts of your situation, including the manner in which your vehicle was stopped and the legality of the stop.

In New Jersey, the legal standard for making a traffic stop is “reasonable suspicion.” This is a legal standard that is something more than a hunch and something less than probable cause. The officer must be able to articulate a legal basis for the stop. For example, a police officer may stop a car if the driver is speeding or if the car is not properly registered. It is important to note that an officer’s mistaken belief or understanding of a fact (i.e., the driver had a suspended license) will not be invalidated as long as the officer’s actions were supported by a “reasonable” belief that the related facts were true.

In New Jersey, the offense of driving while intoxicated (DWI) consists of getting behind the wheel with a blood alcohol content (BAC) of 0.08 percent or higher. Put another way, if you are operating a motor vehicle with a BAC of 0.08 percent or higher, you are considered under the influence.

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mapAccording to a new study conducted by WalletHub, New Jersey ranked 45th out of 51 states when it comes to being strict about DWIs. In other words, New Jersey is the seventh-most lenient. The states deemed to be less strict than New Jersey include Maryland, Idaho, North Dakota, Ohio, the District of Columbia, and South Dakota. While New Jersey may be relatively lenient on the list, this does not mean that DWI charges should be taken lightly. A DWI arrest or conviction can lead to serious negative consequences for many aspects of your life. If you or someone close to you has been charged with a DWI, it is imperative to reach out to a seasoned New Jersey DWI attorney who can protect your rights.

WalletHub’s recent findings were summarized in a report entitled Strictest and Most Lenient States on DUI. WalletHub decided to conduct this analysis because of the heightened number of drunk driving incidents. The report examined a number of factors, including:

  • Each state’s minimum jail time for a first and second conviction;
  • When a DWI is an automatic felony, if ever, in each state;
  • How long old DWI factors into penalties and how long an administrative license suspension lasts in each state;
  • Whether ignition interlock is mandatory;
  • Whether alcohol assessment is mandatory;
  • The amount of monetary fines for first and second offenses;
  • Whether the state has a “no refusal” sobriety testing policy;
  • Whether the state uses sobriety checkpoints; and
  • Other penalties.

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black carIf you or someone you love has been charged with a DWI, you must not delay in reaching out to a skilled New Jersey DWI attorney who can protect your rights. With years of experience, we will thoroughly examine the facts of your case and determine a legal strategy accordingly. These cases are complex, and having the right attorney on your side can make all of the difference in your case.

The offense of driving while intoxicated (DWI) in New Jersey consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Commercial drivers are legally intoxicated if their BAC is 0.04 percent or higher. Drivers under the age of 21 will be considered to be legally impaired if their BAC is 0.02 percent or higher. Thus, the legal limit varies depending on the type of driver you are.

There is a misconception among motorists that police must witness the defendant driving a motor vehicle in order to be convicted for a DWI, but this is actually not the case. In New Jersey, motorists do not have to be “driving” to be convicted of a DWI. While the State must prove both intoxication and “operation” in order to obtain a DWI conviction under New Jersey law, the term “operation” is defined in a very broad manner. In fact, the law does not define in any detail what it actually means to operate a vehicle. As a result, a number of drivers have been charged with DWI after being discovered by law enforcement asleep at the wheel in parked vehicles.

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copPolice agencies from around New Jersey are preparing to set up for the state’s largest annual drunk driving campaign. The 2017 “Drive Sober or Get Pulled Over” Statewide Labor Day Crackdown will last until September 4. During this time, local and state police officers will carry out sobriety checkpoints and roving patrols targeting drivers who may be driving while intoxicated (DWI). If you have been arrested or charged with a DWI in New Jersey, you should reach out to a seasoned New Jersey DWI attorney who can assess the merits of your case.

The basic offense of a DWI in New Jersey takes place when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, if you get behind the wheel with a BAC of 0.08 percent or higher, you are considered to be driving under the influence. A person who holds a commercial driver’s license is held to a much higher standard as a professional driver. These drivers will be driving while intoxicated if their BAC is 0.04 percent or higher. Drivers under the age of 21 will be considered to be legally impaired if their BAC is 0.02 percent or higher.

Labor Day is one of the many holiday weekends that see a significant surge in drunk driving accidents. The National Highway Traffic Safety Administration reported that more than 750 people died in drunk driving crashes during Labor Day weekend from 2010 to 2014. Evidence suggests that high-visibility enforcement, such as sobriety checkpoints, can reduce drunk driving fatalities by as much as 20 percent.

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gavelIn New Jersey, as in any other state, judges can impose a variety of sentences on an individual convicted of driving while intoxicated (DWI). While we try our best to get a DWI charge dropped, people are sometimes convicted, and we must then shift our focus to the sentencing phase. There are certain factors that can significantly increase DWI penalties, which is why it is vital to have a seasoned New Jersey DWI attorney on your side. Our firm can help you understand the different penalties associated with aggravated DWIs as well as your legal rights and options.

Under New Jersey law, a person is deemed to be driving under the influence of alcohol if they get behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. The zero tolerance BAC limit for drivers under the age of 21 is 0.02 percent. For commercial drivers, the BAC level must not exceed 0.04 percent. It is important to note that any type of impaired driving, whether it is because of alcohol or drugs, can form the basis of a DWI charge.

There are certain aggravating factors that can affect sentencing in New Jersey DWI cases. If proven, these factors can significantly increase the punishment sought by the prosecutor or imposed by the court. Examples of aggravating factors include:

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tunnelWere you arrested for driving while intoxicated (DWI) at a New Jersey checkpoint? If so, you need to reach out to a New Jersey DWI attorney without delay. DUI charges should never be taken lightly because they can have serious adverse consequences for an individual’s life. With years of experience, we understand the nuances of this area of law and can apply our knowledge to your case. We can analyze the situation and determine the validity of your arrest.

Both the United States and the New Jersey Supreme Courts have ruled that sobriety checkpoints are constitutional, although some states prohibit their use. In New Jersey, these checkpoints are allowed as long as they do not violate the U.S. Constitution’s Fourth Amendment prohibition against unreasonable searches and seizures, and police must follow certain guidelines.

In New Jersey, a sobriety checkpoint must be announced to the public in advance. Vehicles are required to be selected by a mathematical formula, the checkpoints must be maintained in a safe manner for both police officers and motorists, and the time for each stop must be minimal, simply giving the officers a chance to check for overt signs of impairment. In addition, checkpoints must clearly be marked and permit an alternate route around the checkpoint if drivers do not want to stop. Police officers cannot merely stop drivers for using the alternate route. However, a driver who avoids the checkpoint and shows obvious signs of intoxication or commits a traffic law violation can be stopped on the basis of probable cause.

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breathalyzerIf you have been pulled over on suspicion of drunk driving, it is important for you to understand your rights regarding breath tests. At our firm, our skilled New Jersey DWI attorneys understand the nuances of this area of law and know what it takes to resolve cases efficiently and effectively. When it comes to a DWI charge, you should not leave the outcome to chance, which is why it is important to hire a knowledgeable lawyer.

New Jersey has an “implied consent” law, which means if you drive on New Jersey roads, you have implicitly agreed to submit to breath testing when an officer has probable cause to suspect that you were driving while under the influence of alcohol. State law mandates drivers to submit to breath testing, without any exceptions.

If you refuse to submit to a breath test, you can be charged with “refusal to submit to chemical breath testing.” This is a distinct offense that leads to additional charges on top of the original DWI charge. In order to be convicted for refusal, the arresting officer must have had probable cause to believe that the defendant had been driving while intoxicated. In addition, the driver must have refused to submit to taking the breath or other type of sample after being asked to do so by the police officer.

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gavelIf you or someone close to you has been arrested for driving while intoxicated (DWI), you need to contact a skilled New Jersey attorney who understands this area of the law. If convicted, drivers face stiff penalties, such as fines and fees, jail time, and license suspension. In New Jersey, however, jail does not always automatically mean you will actually serve time in jail. There are alternatives to serving time in county jail on first and second offenses.

Alternative sentencing is intended to provide the defendant with rehabilitation, as opposed to punishment. As a practical matter, sentencing alternatives allow individuals to keep their jobs and seek treatment for alcohol or drug abuse, if necessary. Alternative sentencing will vary depending on the circumstances of the case, as well as the judge on the case.

As mentioned above, for first and second offenses, alternative sentencing would allow jail time to be exchanged hour-for-hour for electronic monitoring, which is often known as “house arrest.” This means that the convicted driver may be permitted to serve all or part of the sentence on an electronic monitoring program. This allows the defendant to work, attend alcohol education classes, tend to their familial duties, and carry on with their day-to-day life. An ankle bracelet not only monitors location but also can detect alcohol consumption by monitoring excretions from the skin.

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school zoneWhile all instances of driving while intoxicated (DWI) are taken seriously in New Jersey, certain factors can make a DWI offense worse. One of these factors is driving in a school zone under the influence of alcohol. If you or someone close to you has been arrested for a DWI in a school zone, it is imperative to consult a skilled New Jersey DWI attorney who can protect your rights. We understand that dealing with drunk driving charges can be extremely stressful, which is why we will keep you informed about the status of your case throughout the entire process.

In New Jersey, a person is deemed to be driving under the influence of alcohol if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. The BAC limit for drivers under the age of 21 is 0.02 percent. The BAC limit for commercial drivers is 0.04 percent.

An individual can be charged with a DWI or refusal to submit to chemical breath testing if the individual got behind the wheel in a school zone when the offense occurred. It is important to note that you can be found guilty of a DWI in a school zone even if officers outside a school zone stop your vehicle. The prosecution only needs to prove you were driving in a school zone, irrespective of where the stop took place.

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truckNew Jersey has always had tough laws for those who get behind the wheel under the influence of alcohol. For commercial drivers, the stakes can be even higher. If you are a commercial driver or know a commercial driver who has been arrested for driving while intoxicated (DWI), you need to reach out to a seasoned New Jersey DWI attorney without delay. Whether you are a repeat offense or it is your first offense, we can help. We know how seriously a DWI can interfere with a commercial driver’s life, which is why we will advocate for you at every step of the way.

Truck drivers and bus drivers in New Jersey must obtain their Commercial Driver License (CDL). First, however, they must get their regular driver license. There are different CDL classes depending on the type of commercial vehicle you will be driving. It is important to note that taxi drivers carrying fewer than eight passengers and ride-sharing van drivers do not need to obtain a CDL.

The Federal Motor Carrier Safety Act, in conjunction with the New Jersey CDL Act, prohibit commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher. This is a much lower amount than the 0.08 percent that applies to ordinary drivers. The law applies to vehicles such as:

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