Articles Posted in DWI Law and Legislation

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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gavelBeing charged with driving while intoxicated (DWI) can be extremely stressful, and rightfully so. DWI charges can have far-reaching negative consequences for an individual’s life, including that individual’s personal and professional reputation. If you or someone close to you has been charged with a DWI, it is important to reach out to a skilled New Jersey DWI attorney who can help. While each DWI case is unique, the trial process in each case is typically the same.

In New Jersey, the offense of driving while intoxicated (DWI) involves an individual with a blood alcohol concentration (BAC) of 0.08 percent or greater getting behind the wheel. The BAC is different for commercial drivers as well as drivers under the age of 21.

DWI trials take place in the municipal court in which the DWI ticket was issued. A municipal court judge will preside over the trial and make the ultimate decision regarding the defendant’s innocence or guilt. It is essential to be aware that defendants charged with drunk driving in New Jersey are not entitled to a jury trial.

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motorcycleMotorcycles can be a great way to enjoy the open roads. Motorcycle riders, however, should be especially careful on the roads, due to the high risk of injury associated with accidents. Unfortunately, this does not always happen. Each year, many motorcyclists are arrested and charged with driving while intoxicated (DWI). If this has happened to you or someone close to you, it is imperative to reach out to a skilled New Jersey DWI attorney who can help you understand your rights.

Under New Jersey law, an individual who wants to ride a motorcycle must obtain either a motorcycle-only license or a motorcycle endorsement to his or her current driver’s license. This can be done in one of two ways. A person can complete a Motorcycle Safety Education Basic Rider Course or obtain a motorcycle permit and take a road test. Anyone under the age of 18 must complete the former option, which means he or she must complete the safety course.

Motorcycle riders are subject to the same traffic laws as any other motorist on the road. As a result, motorcyclists must adhere to all of the speed limits, road signs, and DWI laws. In New Jersey, a person with a blood alcohol concentration of 0.08 percent or greater who operates a motor vehicle is considered to be driving while intoxicated.

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law officeDriving while intoxicated (DWI) is one of the most commonly charged offenses in the state of New Jersey. The Department of Justice found that more than 24,000 people were arrested for driving under the influence of alcohol in New Jersey in 2013 alone. This number averages out to more than 65 DWI arrests each day of the year.

The basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. You should know that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.

While most people are familiar with the idea of plea bargaining, they are often misinformed about what that means in the context of DWI cases. Plea bargaining simply refers to a dismissal or a downgrade of a charge. Plea bargains are not available in New Jersey DWI cases. In fact, the Attorney General has issued directives to all of the Municipal Courts and prosecutors, banning all plea bargains in DWI cases.

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passport

DWI charges can have serious consequences for anyone’s life, but the consequences can be much greater if the person who gets charged is not a citizen of the United States. Undocumented immigrants and U.S. citizens alike can benefit from a skilled New Jersey DWI attorney when facing these types of circumstances.

A person will be charged with driving while intoxicated (DWI) in New Jersey if he or she is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. Individuals who are convicted of a DWI face numerous penalties, such as fines, imprisonment, license suspension, and more.

In general, there are two types of visas:  immigrant and non-immigrant. The former allow people to live here, work, pay taxes, and benefit from U.S. programs until they eventually naturalize and become citizens. The latter allow people to come to the United States for a limited purpose and time frame, such as a job. While a person’s green card is less susceptible to revocation, federal immigration law allows for non-immigrant visas to be denied or revoked much more easily. While a non-immigrant visa holder whose visa has been revoked will have the opportunity to offer evidence as to why they should be allowed to stay, Department of Homeland Security officers make the ultimate decision.

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drunk driving

A DWI charge can have serious consequences for many aspects of your life, including your job, housing, and reputation. If you have been charged with a DWI, you need a skilled New Jersey DWI attorney to protect your rights. Time is of the essence, so it is important to act quickly. We are here to answer your questions and address your concerns.

Under New Jersey law, driving while intoxicated (DWI) consists of a person with a blood alcohol concentration (BAC) of 0.08 percent or greater operating a motor vehicle. An individual 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.

It is important to note that New Jersey law permits prosecutors to establish a DWI charge in many different ways. Typically, the strongest evidence comes in the form of BAC, which is discovered through a breath, blood, or urine test. However, prosecutors can also submit witness testimony, specifically testimony by an arresting officer and any other individuals who saw or interacted with the defendant at the time of the arrest. The New Jersey Supreme Court has ruled that no precise expertise is needed to develop an opinion that an individual is drunk based on observations of that individual.

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