Articles Posted in DWI Law and Legislation

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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carDriving is a privilege, rather than a right. Losing your driver’s license as a result of a DWI can have far-reaching consequences for your life. In fact, your ability to drive to work or school and even to do day-to-day tasks can automatically be limited. If you have been charged with a DWI, you should reach out to a skilled New Jersey DWI attorney who can assess the details of your case. You can trust that we will work diligently to try to get the charges against you dismissed or at least minimize the penalties you may be facing.

In New Jersey, the basic offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration of 0.08 percent or above. If your blood alcohol is determined to be this amount or higher, the state can prove the case under what is known as a per se violation. A per se violation is an act that is in itself an offense against the law and results in automatic liability. In the context of a DWI, a per se violation would mean that the individual has violated the DWI statute in the state by having a BAC over the legal amount.

Under New Jersey law, those convicted of driving while intoxicated face a license suspension and, unlike in other states, are not eligible for any type of temporary or conditional license that would allow them to drive to work. If your license is suspended, you will not be allowed to drive under any circumstances. There are no exceptions to this rule.

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policeDWI charges in New Jersey must stem from a lawful traffic stop. If you have been arrested or charged with a DWI, it is important to reach out to a hard-working New Jersey DWI attorney who can assess the merits of your case. Depending on the circumstances of your arrest, we may be able to challenge the legality of the traffic stop. You can rest assured that we are committed to protecting your rights at every step of the way.

A police officer must have probable cause in order to make an arrest. Under New Jersey law, having ‘probable cause’ means the police officer must have an articulable and reasonable suspicion that a violation of the traffic laws has taken place in order to make a valid stop. Put simply, probable cause is a reason to believe that a crime was committed. For example, if you are pulled over for speeding, and you were 20 mph above the speed limit, the speeding violation would constitute probable cause for the initial stop. The State must give the defense all of the documentation pertaining to how the speed was ascertained by the officer (i.e., information related to the radar detector used).

Typically, the following driving behaviors that indicate drunk driving will be sufficient probable cause for an officer to stop you:  swerving, excessive speeding, wrong-way driving, erratic driving, running stop signs or traffic lights, or causing an accident. If there was probable cause for the traffic stop, and the officer has reason to believe you may be intoxicated, you may be asked to take a breathalyzer test. If the test reveals that your blood alcohol content is 0.08 percent or more, this is enough to form the basis of a valid arrest.

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drunk drivingDriving while intoxicated (DWI) is a serious offense in New Jersey, regardless of whether the driver is of age or underage. If you or your underage child has been arrested or charged with a DWI, you should speak to a seasoned New Jersey DWI attorney who is well versed in this area of law. You can rest assured that we can examine the facts of your case and determine a defense strategy accordingly. The stakes are high in these cases, so it is important to act quickly.

Under New Jersey law, the basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. If you are under the age of 21, the state only needs to show that your BAC was above 0.01 percent in order to convict you of an “underage DWI.” New Jersey has a zero tolerance policy for drinking and driving. As a result, the penalties for underage DWI are severe and typically include the loss of driving privileges for 30 to 90 days, community service for 15 to 30 days, mandatory fines and penalties, and participation in an alcohol and traffic safety education program.

If you are under the age of 21, and your BAC exceeds 0.08 percent, you will likely be charged with a DWI as an adult and subject to regular New Jersey DWI penalties. If you do not have a driver’s license and are under the age of 17 at the time of the incident, you will be subject to a 30- to 90-day delay in processing your driver’s license.

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scales of justiceIf you have been charged with a DWI in New Jersey, you should not delay in reaching out to a skilled DWI lawyer who can assess the details of your case. A DWI conviction can adversely affect every aspect of your life, including your criminal record, your job prospects, and even your reputation. The stakes are high, and having the right criminal defense team on your side may make a huge difference in your case.

In New Jersey, the basic offense of Driving While Intoxicated (DWI) requires a blood alcohol content (BAC) of .08 or higher. The BAC must be obtained within a reasonable period of time after your operation of the vehicle. It is important to note that an individual can also be charged and convicted of a DWI if he or she was driving while under the influence of “narcotics, hallucinogenic, or habit-producing drugs” as well. This highlights that DWIs are not limited to alcohol. Instead, they extend to any substance that may impair a person’s ability to drive safely.

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policeIf the police did not read you your Miranda rights after arresting you for a DWI, it is important to reach out to a seasoned New Jersey DWI defense attorney as soon as possible. We will scrutinize the facts of your case and help determine whether a Miranda motion may be the right path in your case. You can rest assured that the legal team at the Law Offices of Jonathan F. Marshall is committed to providing the aggressive and results-focused DWI you need. Time is of the essence, so please do not wait to reach out.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent of higher. For commercial drivers, the BAC level must not exceed 0.05 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

In New Jersey, a DWI is a traffic offense rather than a criminal offense. This means that police do not have to advise you of your Miranda rights during roadside interrogation, unless and until you have been arrested or taken into police custody. Put another way, Miranda rights only kick in when individuals are being questioned while in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters. Instead, custody refers to any circumstances under which a reasonable innocent person would conclude he or she was not free to leave.

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courtA DWI conviction can have serious and long-term consequences for many aspects of your life. Even if you have been convicted of driving while intoxicated (DWI), there is a procedure in the law which allows a reversal in certain, limited circumstances. Courts can use prior DWI convictions as grounds to impose harsher penalties for a current DWI conviction. This is where post-conviction relief (PCR) can be critical to your case. While the process is complex and time-consuming, the results can be worth it. A skilled New Jersey DWI lawyer can scrutinize the facts of your case and determine whether you may be eligible for PCR.

New Jersey law permits individuals previously convicted of a DWI to petition the court for PCR, which is the legal process that takes place after a trial results in the conviction of the defendant. When a person applies for PCR, he or she is asking the court to reopen the case and vacate the original finding of guilt. This entails investigating the prior conviction to determine if the court, the State, or defense counsel made any mistakes. Successful PCR can reduce or even eliminate penalties that are typically associated with a DWI, such as license suspension and jail time; thus, PCR can effectively dismantle the adverse impact a DWI has on an individual’s employment, housing, professional licenses and overall reputation. Common grounds for PCR are as follows:

  • Ineffective assistance of counsel;
  • The defendant’s guilty plea did not meet legal requirements;
  • Newly discovered evidence;
  • Juror misconduct;
  • Prosecutorial misconduct;
  • Misapplication of jail and gap-time credit;
  • Illegal sentence;
  • Lack of jurisdiction.

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