Articles Posted in DWI News

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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A driving while intoxicated (DWI) charge can be incredibly daunting. If you were charged with driving under the influence of drugs or alcohol in New Jersey, you must contact an experienced New Jersey DWI attorney as soon as possible. Many DWI charges and convictions rely heavily on the results of breathalyzer tests, which are not always accurate. We will examine the breath tests in your case to identify any errors or issues that may have unfairly impacted the results.

Earlier this month, the New Jersey Supreme court ruled that breathalyzer evidence from over 20,000 drunk driving cases is not admissible because of a calibration error. In fact, the justices unanimously determined that criminal charges pending against a state police sergeant made Alcotest device results from five counties inadmissible as evidence due to the fact that the sergeant missed an obligatory step in the calibration procedure. The court’s decision means that 20,000 DWI convictions could be tossed out. It is important to note that the court ruling does not automatically expunge all the DWI convictions.

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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.

If you are a school bus driver and you have been charged with drunk driving, you should consider immediately reaching out to a New Jersey DWI attorney. This charge should never be taken lightly as it can turn your whole life upside down and leave your financial future in a state of uncertainty, as commercial drivers face much more serious consequences than private drivers for DWI offenses. Just because you have been charged does not mean you are guilty – you can rest assured that we will examine every detail of your case and build the strongest possible defense on your behalf.

 A New Jersey school bus driver was placed under arrest after law enforcement officials claimed he hit a few different cars while driving under the influence of alcohol. Specifically, the bus driver purportedly hit five vehicles with occupants inside, a minimum of two traffic poles and one fire hydrant early in the morning in an incident last month. Reportedly, one person sustained minor injuries because of the wreck. At the time of the accident, there was only a 9-year-old child and a female bus aide on the bus. The driver was charged with driving under the influence, driving while suspended and reckless driving.

Distinguishing Private from Commercial DWIs

In New Jersey, a person who is 21 years of age or older and holds a normal driver’s license is guilty of driving while intoxicated (DWI) if he or she operates a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. While the law defines a 0.08 percent BAC as the legal threshold, the reality is that you can be convicted of the offense even if your BAC is lower than 0.08 percent. It is important to note that, under New Jersey law, the rules differ for commercial drivers, including bus drivers. Bus drivers are prohibited from operating a bus with a BAC of 0.04 percent or higher. Commercial drivers face much harsher penalties for drunk driving offenses than private drivers.

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Drunk driving is a serious offense in New Jersey but drunk driving with a minor in the car is even worse. If you were charged with drunk driving and you had a child in the car with you at the time, you need to consult a diligent New Jersey DWI lawyer as soon as possible. This is an extremely serious charge that can adversely impact your personal and professional life. Our firm is committed to protecting your rights and making sure that you obtain the most favorable outcome in your case.

Actor Marion “Pooch” Hall was recently placed under arrest for driving under the influence of alcohol with his toddler son apparently in his lap and crashing into a parked car. Witnesses called 911 after seeing the toddler on his lap and noticing that the vehicle had been weaving in and out of traffic before hitting a parked car. Fortunately, no one was injured. According to police, Hall showed obvious signs of intoxication and was unable to perform field sobriety tests. In addition, his blood alcohol content (BAC) was 0.25, three times the legal limit. The police also determined the toddler was inside the car and he was not restrained as mandated by the law. Hall was charged with drunk driving and child endangerment.

While this incident took place in California, the sad truth is that these sorts of accidents also happen in New Jersey and everywhere else in the country.

If you have been charged with death by auto or vehicular homicide, you probably understand the gravity of the situation. Understanding the charges you are facing is critical to deciding how to move forward. Our hard-working New Jersey DWI attorneys understand how to protect your rights when you are charged with such a serious crime. We are here to answer your questions and address your concerns every step of the way.

A New Jersey woman was recently sentenced to six years in state prison for a drunk driving accident that killed a 49-year-old man. The woman pled guilty to one count of second degree vehicular homicide and driving while intoxicated for hitting the victim, W.O., with her car and ultimately being the cause of his death. According to law enforcement, the woman was driving her Jeep Wrangler when she struck the victim, who worked for a private recycling company when the wreck took place. W.O. was rushed to the hospital where he was pronounced dead due to severe injuries sustained in the accident.

Second-Degree Vehicular Homicide in New Jersey

In New Jersey, an individual can be convicted of vehicular homicide for causing the death of another person by operating a vehicle recklessly. Reckless driving means that you drove with a conscious disregard for human life with a significant risk to the public. If the prosecution establishes certain circumstances under which the accident took place, the jury can infer that a defendant drove recklessly. One of these circumstances is if the driver got behind the wheel under the influence of alcohol or drugs then the jury can infer that he or she drove recklessly. In New Jersey, a person is driving while intoxicated (DWI) when he or she operates a motor vehicle with a blood alcohol content of 0.08 percent or higher.

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If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney without delay. In some cases, the basis for a DWI is a field sobriety test. These tests are notorious for being inaccurate, which is why we will meticulously examine what happened in your case to make sure none of your rights were violated. You can rest assured that we will put the full breadth of our legal experience to work for you.

While we often discuss drunk driving involving auto accidents, the reality is that it does not always consist of motor vehicles colliding with other motor vehicles on the road. Some accidents are the result of drunk drivers crashing into stationary objects, such as poles, medians, trees or even someone’s property. This recently happened in New Jersey. Last week, a Ridgewood woman allegedly drove into the wrong side of a carwash and crashed her vehicle, according to police. N.A. was found with an open bottle of wine in her purse at the time of the crash. Her car was stuck in the carwash for quite some time before it got removed and impounded. N.A. failed field sobriety tests and purportedly refused a Breathalyzer test. She was then charged with a DWI.

The basic offense of driving while intoxicated (DWI) in New Jersey involves getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. In addition, any drug that impairs a person’s ability to drive safely can also form the basis of a DWI.

New Jersey law enforcement takes drunk driving very seriously. If you or someone close to you has been charged with driving while intoxicated (DWI), you need to reach out to an experienced New Jersey DWI attorney for skilled advocacy. With extensive experience in this area of law, we will explore every avenue to fight the charges against you.

In New Jersey, a person can be charged with a DWI when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are under 21 years old, the legal limit is 0.01 percent. For a commercial driver, the legal limit is 0.04 percent.

Last year, we wrote about a Municipal judge in New Jersey who allegedly went on an expletive-filled rant when he was approached by cops under suspicion of a DWI. W.B. was pulled over on the shoulder of I-80 in Teaneck on Westbound at 2:13 a.m. on November 12, 2016. When an officer approached the vehicle, W.B. was asleep behind the wheel. The officer noted that a “strong order” of alcohol was emanating from Benitez’s breath and his eyes were bloodshot. The cop then put W.B. through a variety of field sobriety tests, which he failed.

If you have been charged with driving under the influence of drugs, obtaining legal counsel early could potentially help you avoid thousands of dollars in fines, and even jail time. Our highly skilled New Jersey DWI attorneys will meticulously analyze the circumstances of your case so we build the strongest defense possible.

You have probably heard of the “Drive Sober, Get Pulled Over” campaign in New Jersey but the state has now launched another campaign. The National Highway Traffic Safety Transportation added this component to its campaign to run through Labor Day weekend – a time when drunk driving accidents typically spike. The new message read as follows “When you feel different, you drive different. If you drive high, you get a DUI.”

In New Jersey, almost one-third of traffic related fatalities in the state involve alcohol impairment. With the possible legalization of marijuana, coupled with increasing drug DWI rate in the state, the campaign aims to alert the public about the consequences of driving under the influence–and perhaps for good reason, since drugged driving rates appear to be on the rise across the country. According to one National Highway Traffic Safety Administration’s National Roadside Survey, more than 22 percent of drivers tested positive for illegal, over-the-counter or prescription drugs.

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Drunk driving or driving while intoxicated (DWI) is a serious criminal offense with the potential for severe penalties in New Jersey. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help protect your rights. With extensive experience, we understand the nuances of this area of law and can apply our knowledge to your case.

Brownsville, Texas topped the list of cities with America’s safest drivers, according to the 14th annual Allstate America’s Best Drivers Report. The report ranks the 200 largest cities in the U.S. based on collision frequency. The average driver in the U.S. will experience a collision approximately once every 10 years according to Allstate claims data. The 2018 data shows that New Jersey has 3 of the top 200 safest driving cities in the country, although the number of years between claims for each of these cities fell below the national 10-year average. Jersey city ranked 114 on the list with an average of 8 years between accident claims; Paterson ranked 148 on the list with an average of 7.3 years between accident claims; and Newark ranked 173 with an average of 6.7 years between accident claims.

Car accidents can happen for a variety of reasons, including drunk driving. Just because you have been charged with a DWI does not mean you will automatically be convicted. In some cases, you may be charged with drunk driving when you were not actually guilty of the offense. Perhaps there was a different explanation for your driving or behavior (i.e., fatigue). In other cases, your DWI charge may have originated from improper police conduct (i.e., an illegal stop). We will analyze the facts of your case and determine any and all defenses that are relevant and applicable.