Articles Posted in DWI Law and Legislation

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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carDrunk driving is a serious charge, but it can be even more serious when you have a minor in the car. If you have been charged with a DWI while a minor was in the vehicle, it is important to discuss your case with a New Jersey DWI attorney who can evaluate the facts and can protect your rights accordingly. You will need to act quickly, since the penalties for this offense are extremely harsh and can have a long-term impact on your future.

Under New Jersey law, DWI consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. It is important to note it is also illegal to get behind the wheel if any substance has impaired your ability to drive safely, whether it is drugs or alcohol.

According to the National Highway Traffic Safety Administration, 21 percent of children under 15 years old who were killed in motor vehicle accidents in 2003 were killed in alcohol-related crashes. The Centers for Disease Control and Prevention found that of the 1,132 traffic deaths among children ages 0 to 14 years in 2015, approximately 209 (16 percent) involved an alcohol-impaired driver.

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speedingCelebrities are no exception to the law. New Jersey native and rap star Fetty Wap, whose real name is Willie Maxwell, was arrested in New York last week on charges of drunk driving. Reportedly, at about 1 a.m., the rapper was caught drag racing with another vehicle at a high speed. The 26-year-old showed signs of intoxication and took a field sobriety test, which he failed. At this point, he was taken into custody. Upon his arrest, officers discovered that he had a suspended New Jersey driver’s license.

Under New Jersey law, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. When it comes to commercial drivers, the BAC level must not be 0.04 percent or higher, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. In most cases, an officer will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other measures that can be used as well, such as field sobriety tests and blood tests.

A New Jersey DWI is a serious offense and can result in a range of penalties, including fines, fees, license suspension, community service hours, and jail time. The number of prior offenses and whether people or property were harmed during the incident can affect the penalties a defendant will face.

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seniorIf you have been arrested for drinking and driving, you need to seek the help of a skilled New Jersey drunk driving attorney who can assess the merits of your case. At our firm, we have years of experience defending clients who have been charged with a DWI charge and can do the same for you.

Just this week, a Hoatcong woman was arrested for driving while intoxicated (DWI) and failing to stay in her lane, according to police. She was pulled over and given a field sobriety test, which she failed. She was then taken to police headquarters, given a breathalyzer test, and charged with a DWI.

Under New Jersey law, a person commits DWI when he or she drives with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

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wineIf you or someone close to you has been charged with driving while intoxicated (DWI), and there is an open container of alcohol in the car, you need to reach out to a skilled New Jersey DWI attorney who can help. Known as the “open container law,” this law is designed to reduce drunk driving on New Jersey roads. We understand this area of the law and can help protect your rights at every step of the way.

Under New Jersey N.J.S.A. 39:4-51b, it is illegal for any occupant of a motor vehicle to have an open or unsealed alcoholic beverage inside the vehicle on a public road. Those who have containers of alcohol in their vehicle will typically be charged with a violation of the law, regardless of whether they are the driver of the vehicle or merely a passenger. It is important to note that consumption is not required for the behavior to be against the law.

An open container is an aggravating factor when it comes to a DWI case because it indicates that a person was drinking alcohol as they were driving. In other words, a judge would consider the presence of an open container a factor in determining whether or not the prosecutor has proved the case beyond a reasonable doubt.

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classDriving while intoxicated (DWI) is a serious criminal offense in New Jersey and can have serious consequences for your future. If you or someone close to you is facing a DWI charge, it is important to reach out to a skilled New Jersey DWI attorney without delay. It is understandable that you may feel frustrated and confused, but you can rest assured that we will help you understand your rights and advocate for you at every step of the way.

In New Jersey, a person drives while intoxicated if he or she gets behind the wheel with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Individuals under the age of 21 will be charged with a DWI with a BAC of 0.02 percent. For commercial drivers, the legal limit is 0.04 percent or higher.

In every DWI case, the burden of proof is on the government to prove the elements of a DWI “beyond a reasonable doubt.” This is the highest burden of proof in the criminal justice system, and it is deliberately high because an individual’s freedom is often at stake. The state also bears the burden to show any prior offenses. If the prosecutor establishes a DWI charge beyond a reasonable doubt, the defendant will be found guilty.

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drunk drivingIf you have been arrested or charged with a New Jersey DWI, you should not delay in reaching out to a skilled New Jersey DWI attorney. At our firm, we have years of experience protecting the rights of those accused of DWIs, and we can put our knowledge to use in your case. The penalties for a DWI conviction vary, but in some cases, individuals are required to use an ignition interlock device (IID).

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. It is important to note that the legal limit is different for individuals who are underage and for commercial drivers.

An IID is similar to a Breathalyzer and measures a person’s BAC. The IID is a handheld device that is connected to the ignition system of a car. For a person to start the car, the driver must blow into the device. If the device detects the BAC to be over a certain programmed amount, the vehicle will not start. These systems typically do not just require a test to start the engine, but also generally require a test every few minutes while driving. The idea behind these “rolling” tests is to preclude a friend or acquaintance from starting the vehicle and then letting a drunk driver behind the wheel.

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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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