Articles Posted in DWI Law and Legislation

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If you have been arrested for driving while intoxicated (DWI), call our New Jersey DWI attorneys to discuss your case and begin planning your next steps. These are extremely serious charges that should never be taken lightly since they can negatively impact many aspects of your future. For years, we have zealously advocated for New Jersey clients and you can rest assured that if we take on your case, we will proudly do the same for you.

Potential New Law

New Jersey lawmakers are considering revamping New Jersey DWI laws to reduce the amount of time for which a person caught driving under the influence in the state would lose their driver’s license. But there is a catch. In exchange, the driver would be mandated to install an ignition interlock device into his or her vehicle. An ignition interlock device is a breathalyzer for a person’s vehicle, which requires that the driver blow into a mouthpiece on the device before starting the vehicle. Currently, state law requires repeat drunk drivers and first-time drunk drivers with a blood alcohol concentration (BAC) of .15 or higher to install ignition interlock devices; however, the installation of these devices is not legally required for other first time offenders.

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If you have been charged with a DWI in New Jersey, it is imperative to consult a reputable New Jersey DWI attorney who practices this area of law. At our firm, we will examine the circumstances surrounding your arrest and figure out the DWI defense tactics that may work in your situation.

Electric motor scooters are fun to ride but they can be dangerous if they are operated in an irresponsible manner. A 28-year-old man in Los Angeles was recently convicted for driving under the influence while operating a Bird electric scooter. It is the very first motorized scooter drunk driving instance that the city has prosecuted. The man was determined to have a blood alcohol content (BAC) of .279, in excess of three times the limit allowed by law at the time of the accident in which he hit a 64-year-old pedestrian on the sidewalk. Once the accident took place, the man on the scooter did not stop and help the injured man who fell on the sidewalk and sustained a minor injury.

Drunk Driving in New Jersey

In New Jersey, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. A person can be charged with a DWI if they drive a motor vehicle with a blood alcohol content of 0.08 percent or higher. Furthermore, any drug that interferes with a person’s ability to drive in a safe manner can also give rise to a DWI charge.

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If you were charged with drinking and driving, you may assume that you are automatically guilty; however, this simply not the case. You have rights and our reputable New Jersey DWI lawyers can help protect those rights. You can take comfort in the fact that are dedicated to providing aggressive and experienced representation through every stage of the legal process.

T.S., 26, was killed in an auto accident in 2014 in Belmar. She was a passenger in her Honda Civic, which was driven by her boyfriend, E.M., in the early hours of Easter morning. E.M. ran a red light and hit another car causing the Civil to flip over and land in the parking lot at Belmar Marina. T.S., who was not wearing a seatbelt, was ejected from the vehicle and landed in the Shark River. An autopsy later revealed that her cause of death was drowning and blunt force trauma to her head. E.M.’s BAC was .207 at the time of the wreck according to law enforcement and he was later sentenced to prison for 10 years.

T.S.’s family sued the restaurant alleging that the establishment continued to serve E.M. despite the fact that he was visibility inebriated, offering evidence eyewitnesses accounts of E.M.’s conduct, security video from the bar, and his BAC level. The bar owners have now settled the lawsuit with the family for $1.5 million.

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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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Not all DWIs are created equal. While all potential DWI charges can adversely affect one’s life, the consequences can be even more severe if the percentage of alcohol in your blood exceeds 0.10 percent. If you or someone close to you has been charged with a DWI in New Jersey, you need to reach out to a skilled New Jersey DWI attorney. With years of experience, we can provide you with the legal assistance you need throughout the entire process.

Last month, a New Jersey woman was arrested and charged with an aggravated DWI after a two-car crash in Lake George. According to the Warren County Sherriff’s Office, a deputy responded to an accident involving two vehicles. Upon arrival, the deputy noticed that one of the drivers exhibited signs of inebriation. S.G., age 56, then failed field sobriety tests. She was then given a breath test which showed that her BAC was .24 percent, which is more than double the legal limit.

Under New Jersey law, if a person is found to be driving with a blood alcohol concentration (BAC of 0.08 percent or above, they are considered to be driving while intoxicated (DWI). The zero tolerance BAC limit for drivers younger than 21 is 0.01 percent. In most cases, there is an additional category of DWI that carries more severe penalties. If a driver is found to have a BAC of 0.10 percent of higher, it is considered an aggravated DWI, though it is not officially referred to as that.

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When a driver is stopped due to driving while intoxicated (DWI), a frequent problem that arises after an investigation has been done involves the driver resisting arrest. If you or a loved one has been charged with resisting arrest in New Jersey, it is vital that you speak with an experienced New Jersey criminal defense attorney. With extensive experience, we are committed to providing aggressive and effective DWI defense services every step of the way.

Last month, 48-year-old actor Vince Vaughn was arrested in California for a DUI and resisting arrest. Vaughn was stopped at a checkpoint in Hermosa Beach around 1 a.m. local time before being taken into custody. His passenger was also arrested for public intoxication. The news comes after the Manhattan Police Department announced that there would be DUI checkpoint over the weekend with a “zero tolerance” policy where any driver over the legal alcohol limit would be arrested.

In New Jersey, resisting arrest during a DWI stop can land you in serious trouble. The basic offense of a DWI in the state consists of driving a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. If you are under 21 years of age, you can be charged with a DWI for a BAC of 0.01 percent or higher.

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Most people know that if they operate a motor vehicle under the influence of drugs or alcohol, they can be charged with a DWI. However, few people know that you can be charged with a DWI even if you are not driving the vehicle. If you are a passenger who has been arrested or charged with a DWI, you need to contact a skilled New Jersey drunk driving defense attorney as soon as possible. The aftermath of such a charge can be costly both in terms of time and money, but we are committed to helping you fight the charges.

Under New Jersey law, any individual who operates a motor vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug may be found guilty of driving while intoxicated (DWI). When it comes to DWI charges based on inebriation by alcohol, the person’s blood alcohol concentration must be 0.08 percent or higher.

New Jersey’s DWI statute is quite broad. In fact, under New Jersey Statute 34:4-50(a), a police officer can charge a person sitting in a passenger seat for a DWI if the passenger “permitted” the driver to operate the motor vehicle while under the influence. It is important to note that in order for the passenger to be charged, the passenger must have been under the influence as well or found to have knowledge of the offense.

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Assault by auto is an extremely serious charge that can be even worse if you were under the influence of alcohol or drugs. If convicted, you could lose your job, not to mention jeopardizing your personal reputation. If you have been arrested for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can help. We have extensive experience in defending DWIs and criminal charges, and we can apply our knowledge to your case.

Under New Jersey law, an individual is considered to be driving while intoxicated (DWI) when he or she is found to have a blood alcohol content (BAC) of 0.08 percent or higher. It is important to note that you can also be charged with a DWI if you are operating a motor vehicle under the influence of any drugs (illegal, over-the-counter, or prescription) that impair your ability to drive safely. According to the Centers for Disease Control and Prevention, nearly 10,000 Americans die in drunk driving accidents each year. In addition, nearly 200 of these deaths occur in New Jersey.

The law in New Jersey contains a specific provision that addresses assaults involving automobiles. When someone other than the accused drunk driver suffers injuries as a result of an accident caused by a DWI, the police may file a separate charge known as assault by auto. Unlike a DWI charge in New Jersey, which is a traffic violation instead of a criminal charge, assault by auto is a criminal charge. Assault by auto occurs if a person drives a vehicle recklessly and causes a bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical condition, and a serious bodily injury is a bodily injury that creates a substantial risk of death or serious, permanent disfigurement, or the protracted loss or impairment of the function of any bodily member or organ.

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If you have been charged with a DWI, you need to contact a skilled New Jersey DWI attorney as soon as possible. A DWI conviction can have serious and long-term detrimental consequences for almost every aspect of your life. With meticulous attention to detail, we can offer strong representation against DWI charges.

The Insurance Institute for Highway Safety (IIHS) recently released a study that reveals interlocking systems prevent drunk driving in all types of drivers. In other words, laws under which impaired driving offenders are required to install alcohol interlocks in their vehicles have reduced the number of drunk drivers across the country by 16 percent.

Drunk driving is one of the leading causes of death in the United States. In 2016, about 10,500 individuals were killed in drunk driving crashes. In New Jersey, the basic offense of a DWI consists of driving with a BAC of 0.08 percent or higher. You should be aware that a DWI charge is not just limited to alcohol. Any drugs – prescription, over-the-counter, or illegal – that impair a person’s ability to drive safely can form the basis of a DWI. A DWI conviction can subject you to serious penalties, including fines, fees, license suspension, ignition interlock device, community service, and even jail time.

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Being arrested for a DWI can be extremely daunting. If you have been charged with a DWI, it is vital to reach out to a skilled New Jersey DWI attorney who can help. With years of experience, we understand how to navigate these complex claims and protect your rights throughout the entire legal process. We know how stressful these matters can be until they are completely resolved, but you can rest assured we will handle your case efficiently and diligently.

The type of vehicle a person is operating under the influence of alcohol or drugs can have different consequences under the law. In a number of states across the country, a person riding a bicycle while intoxicated can face the same DWI charges as people driving a regular motor vehicle or commercial drivers would face. New Jersey, however, does not treat drinking and biking as a DWI offense.

Title 39 of the Motor Vehicle & Traffic Regulation laws in New Jersey governs bicycling on public roads. A bicycle is defined as a two-wheeled vehicle but is not considered a motor vehicle under the New Jersey DWI statute. The DWI statute only applies to drivers who operate a motor vehicle while intoxicated, including cars, motorcycles, boats, airplanes, dirt bikes, and ATVs. You will not be charged with a DWI if you are riding a different type of non-motorized vehicle, such as a skateboard or rollerblades. As a result, someone who is riding a bike under the influence of alcohol or drugs will not be charged with a DWI violation in New Jersey, although they may face other charges, such as public intoxication or disorderly conduct.

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