Articles Posted in DWI Defenses

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Any person charged with driving while intoxicated (DWI) in New Jersey is undoubtedly facing a stressful ordeal that can have potentially life-changing consequences. If you have been arrested or charged with a DWI, you need to consult a dependable New Jersey DWI lawyer immediately. A DWI is an extremely serious offense that can result in significant penalties and other negative consequences, especially if you are convicted.

A new study by Zendrive, a driving behavior analytics company, found that phone addicts are extremely dangerous behind the wheel, replacing drunk drivers as the ultimate threat on public roads. In fact, drivers nationally are 10 percent more distracted now than they were in 2018, according to the study. In addition, pedestrian deaths are at a 30-year-high, mainly because of distracted driving. The data revealed that individuals who cannot put their phone down actually get behind the wheel more. Specifically, they spend 150% more time on the road and drive 760% more miles than the average US driver. Essentially, it is virtually impossible to avoid distracted drivers on the road. While midnight to 3 a.m. is the known window to watch out for drunk drivers, phone addicts on the road are significantly impaired 24-7.

While distracted driving may be a bigger problem than drunk driving on the roads, drunk driving is still a major problem. According to the National Highway Traffic Safety Administration, there were 10,874 deaths in motor vehicle crashes involving drunk drivers in 2017. This totalled 29 percent of all traffic fatalities for that year. In New Jersey, a driver is considered to be alcohol-impaired when his or her blood alcohol concentration is .08 grams per deciliter or higher. A driver can also be charged with a DWI if he or she is operating a motor vehicle under the influence of drugs. Any drugs, whether they are prescription, over-the-counter or illegal, can form the basis of a New Jersey DWI if they are thought to have diminished a person’s ability to drive safely.

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If you have been charged with driving while intoxicated (DWI) either because of drugs or alcohol, you need to contact a New Jersey DWI defense lawyer as soon as you can. Whether it is your first offense or you have had prior convictions, we can help. We know the stakes are high, which is why we are committed to vigorously defending the rights of our clients from the moment we are hired.

Hoboken Police charged a New York man and a Jersey City woman with DWIs in separate incidents on St. Patrick’s Day. The 34-year-old man was pulled over when a police officer saw him speeding. When the police officer approached the man’s vehicle, there was an odor of alcohol emanating from the window. The man refused to do a breath test and failed field sobriety test.

That same day, a 25-year-old woman was charged with a DWI after her Jeep was involved in an accident with another car. The officers in that case said they could smell alcohol on the woman’s breath and also saw a cup that they believe contained alcohol inside the vehicle. Officers described the woman as being slow, dazed and confused. She failed a field sobriety test and her blood alcohol content (BAC) was determined to be over the legal limit once she provided a breath sample at the police station.

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Whether it a minor accident or one more serious, a motorist has an obligation to remain at the scene of the accident or they may open themself up to “hit and run” liability. This liability can be significantly more serious if the fleeing driver was intoxicated. If you have been arrested for drunk driving, whether you left the scene or not, we can help. Our New Jersey DWI attorneys will vigorously advocate for your rights and try to get you the best possible results in your case.

An off-duty New Jersey state trooper helped nab a drunk driver trying to escape the scene of an accident on foot. Law enforcement said the 44-year-old driver was drunk when his car sideswiped a van. The individuals in the van were not injured. Immediately after the crash and without warning, the driver ran from the scene. At that time, the off-duty trooper who had witnessed the accident got out of his own vehicle and chased the impaired driver, catching the driver and holding him until police arrived.

Fleeing the Scene of an Accident While Under the Influence

Under New Jersey law, if you are involved in a wreck, you are required by law to remain at the scene of any accident where there is property damage, injury or death until you have exchanged identifying information with the other parties involved in the accident. In addition, if injury, death or more than $500 worth of property damage occurs as a result of an accident – an official police report must be filed.

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Being charged with driving under the influence is a very serious matter and should not be taken lightly. If you have been arrested for driving while intoxicated (DWI), you need to get in touch with an experienced New Jersey DWI advocate who can help. We are committed to providing quality legal representation to each and every client. Our goal is to vigorously defend your case so that your charges are reduced or even dropped. Time is of the essence in these cases so it is imperative to act as soon as possible after being charged or arrested.

The SafeWise Study

A study, conducted by security website SafeWise, found that the state with the highest rate of drunk driving deaths in the country is Wyoming, with 7.59 deaths per 100,000 residents, followed by South Carolina, North Dakota, New Mexico and Alabama. The state with the lowest rate of drunk driving deaths is New Jersey, with 1.39 per 100,000 residents. New York, Minnesota, Utah and Massachusetts are also among the states with the fewest drunk driving deaths in the nation. The report used statistics from the National Highway Safety Administration to come up with its findings.

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DWI charges can have negative and long-lasting consequences for a person’s life. Too many people charged with drunk driving assume that they will be convicted but this is not always not the case. If you have been charged with or arrested for drunk driving, our highly reputable New Jersey DWI attorneys have the experience to help you in your criminal case. Our team will make every effort to have your charges reduced or dismissed and save your criminal record from any blemishes.

The Study

According to a recent study by American Addiction Centers, drunk driving and binge drinking among American veterans has drastically risen in recent years. Using figures from the Centers for Disease Control and Prevention, the study revealed that since 2013, the numbers of veterans who have been identified with incidents of binge drinking has gone up from 14 percent to almost 16 percent. In addition, the percentage of US veterans who engaged in drunk drinking has risen from 1.6 percent in 2014 to 2.5 percent – a nearly 60 percent spike. The rates of drunk driving were significantly higher for male veterans than women. The data shows that New Jersey was not in the top 10 or bottom 10 when it came to the rates of veteran drunk driving in 2016.

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The holidays are bright, festive and fun but this time of year is also known for being the deadliest season for drunk driving. However, because police are hyper-aware of drunk drivers on the road, they can sometimes be overzealous in charging or arresting people for driving while intoxicated (DWI). If you’ve been charged with a DWI in New Jersey, you should not delay in reaching out to a seasoned New Jersey DWI attorney who examine the circumstances of your arrest and protect your rights.

Accidents in the Holiday Season

It is undoubtedly true that many lives are lost to drunk driving every year during the holiday season. According to the US Department of Transportation, between 2011 and 2016, an average of 300 people died in drunk driving accidents the week between Christmas and New Year. Alcohol-impaired accidents make up more than a quarter of all crash deaths. According to the National Highway Traffic Safety Administration, 885 people died in traffic crashed involving a drunk driver during the month of December in 2017.

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A DWI arrest can be scary and extremely high-stakes, as a conviction can adversely impact almost every aspect of your life. If you have been charged with a DWI, you should know that you have rights. Our trusted New Jersey DWI attorneys work hard to deliver the highest quality counsel representation in DWI cases. You can rest assured that we understand what is at stake, which is why we will build the strongest possible defense in your case. 

Proposed Law

A proposed state law would expand the DWI ignition interlock program in New Jersey. Currently, you only have to have an ignition interlock device is you have a BAC of .15 or higher or if you are a repeat offender. Under the new law, anyone convicted of a DWI would be required to have the device installed in his or her vehicle for three to 18 months, depending on how drunk the driver was. The device works like a Breathalyzer, if your BAC is too high, your car will not start.

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A DWI conviction can have long-lasting consequences for a person’s life. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help. When a person has been arrested for a DWI, there are certain procedural safeguards that must be obeyed by law enforcement. Unfortunately, these rules are not always followed. We can examine the merits of your case and determine whether any of your rights was violated.

The basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Alcohol is not the only basis for a DWI in New Jersey. You can also be arrested or charged with a DWI if you are behind the wheel of a motor vehicle under the influence of drugs – whether legal, illegal, or prescription.

A possible defense in New Jersey DWI cases is that the police did not watch you for 20 minutes prior to administering the breath test to measure your blood alcohol concentration (BAC). Breath tests are not always reliable. In fact, these tests can yield false results due to conditions like acid reflux disease or diabetes, or when a person has belched in the preceding 20 minutes. This is why New Jersey police officers are required to follow certain rules and regulations pertaining to breath tests. One of these rules is that a driver must be observed for 20 minutes to make sure he or she did not vomit, belch, touch lips or tongue, or ingest any liquid or objects.

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Anyone charged with a DWI offense should understand the seriousness of the charge by seeking the help and guidance of a seasoned New Jersey DWI attorney. At our firm, we have defended many clients in their DWI cases and can defend you as well. With years of experience, we are dedicated to protecting the rights of our clients at every step of the way.

A New Jersey state trooper’s failure to follow a step in the Alcotest calibration process has raised issues about the validity of subsequent breath test results. In a comprehensive report released by the state judiciary, retired Judge Joseph Lisa stated the improper conduct of a state trooper possibly undermined DWI convictions over an eight-year time frame. The findings could result in over 20,000 drunk driving cases being tossed out.

Last year, our blog covered the story about Sgt. Marc Dennis potentially improperly calibrating Alcotest devices. Shortly thereafter, Judge Lisa was appointed by the state Supreme Court to conduct hearings on cases handled by Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, whose job entailed testing the accuracy of breath-test devices used by New Jersey Police. In 2016, it was alleged that Dennis lied on official documents about performing a legally required temperature check while calibrating three Alcotest devices, which are designed to measure the blood-alcohol level of allegedly intoxicated drivers.

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Have 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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