Articles Posted in DWI Stops

carA driving while intoxicated (DWI) charge 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 DWI in New Jersey, it is important to reach out to a skilled New Jersey drunk driving attorney who can assess the merits of your case.

In 1910, New York was the first state in the United States to adopt a law against drinking and driving. Other states soon followed, and today every state has a drunk driving law. While these laws have been on the books for over a century, the unfortunate reality is that drunk driving is still a serious problem throughout the country. In 2015, approximately 10,265 people died in alcohol-impaired driving crashes, accounting for one-third of all traffic-related deaths in the nation.

A recent study published in the American Journal of Epidemiology examined the role that ride-sharing apps like Uber play in stopping people from driving while drunk. The study essentially concluded that the impact of ride-sharing services on drunk driving could depend on a city’s characteristics, and how much they discourage people from driving. For example, in a denser urban center with lots of traffic and limited parking, an individual may be more likely to use a ride-sharing service to get around. In short, there are many factors that could affect drunk driving, and it is not clear-cut that the presence of ride-sharing services directly reduces drunk driving accidents.

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arrestThe law surrounding the process of obtaining a driver’s blood for testing purposes is clearly outlined in New Jersey law. If you or someone close to you has been subjected to a blood test without your consent because the police believed you were driving under the influence of drugs or alcohol, our skilled New Jersey drugged driving attorneys can help.

What began as a routine investigation of a car accident quickly escalated and ended up with a New Jersey assemblywoman being arrested for driving while intoxicated (DWI) because the police believed she was under the influence of marijuana.

Police say the smell of marijuana was emanating from the car when the woman was stopped. She claimed that the smell was not of marijuana but instead of cigars, which she had been smoking earlier that evening. The woman refused to do a field sobriety test, at which point she was placed under arrest. She was then subjected to a drug test via her blood. The woman’s attorney says he is fighting to suppress the test, since the blood was drawn without the defendant’s consent and without a warrant.

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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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copPolice agencies from around New Jersey are preparing to set up for the state’s largest annual drunk driving campaign. The 2017 “Drive Sober or Get Pulled Over” Statewide Labor Day Crackdown will last until September 4. During this time, local and state police officers will carry out sobriety checkpoints and roving patrols targeting drivers who may be driving while intoxicated (DWI). If you have been arrested or charged with a DWI in New Jersey, you should reach out to a seasoned New Jersey DWI attorney who can assess the merits of your case.

The basic offense of a DWI in New Jersey takes place when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, if you get behind the wheel with a BAC of 0.08 percent or higher, you are considered to be driving under the influence. A person 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.

Labor Day is one of the many holiday weekends that see a significant surge in drunk driving accidents. The National Highway Traffic Safety Administration reported that more than 750 people died in drunk driving crashes during Labor Day weekend from 2010 to 2014. Evidence suggests that high-visibility enforcement, such as sobriety checkpoints, can reduce drunk driving fatalities by as much as 20 percent.

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test tubeWhen a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note 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.

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Without a doubt, most all state troopers and municipal patrolmen throughout the Garden State have very little tolerance for those individuals who they suspect of being drunk behind the wheel of a motor vehicle. In fact, it isn’t much of a stretch to suggest that New Jersey’s law enforcement community has zero tolerance for drunken driving on public roads.

As professional DWI-DUI defense attorneys, my colleagues and I have a great deal of experience representing drivers who have run afoul of the law when it comes to DWI and drug DUI violations. Needless to say, our court system is also relatively unyielding when sentencing those people who have been convicted of intoxicated driving. Aside from the often costly and occasionally embarrassing results of a DWI conviction, some defendants who enter a courtroom less than adequately prepared can end up feeling the effects of that drunk driving arrest for years to come.

While many people likely consider that any consequences tied to a DWI or drug DUI conviction are mostly monetary in nature, there are instance where jail time may be prescribed (however, first-time offenders can often avoid that level of punishment with the help of a qualified legal expect). That said, it is best to keep in mind that many people fail to realize the negative effect that a DWI conviction can have on one’s family members, friends and neighbors, and even employers.
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With the number of DWI and drug DUI arrests that occur weekly in the Garden State, it should not be a surprise that motorists have a misery of choice when it comes to retaining legal aid for drunk driving offense. But that’s just a general statement, since choosing the right New Jersey drunk driving lawyer can be critical to the outcome of a DWI-DUI case. Whether someone is facing a serious injury-related DWI charge or a more routine DUI summons resulting from a simple traffic stop, my legal team is ready, willing and able to assist those individuals who have been accused of impaired driving.

An arrest for driving while intoxicated is nothing to laugh at. Whether precipitated by a traffic accident, occurring at one of many random sobriety checkpoints, or developing out of a traffic stop for a seemingly minor traffic infraction, any kind of alcohol- or drug-related traffic offense has the potential to cause a motorist serious monetary pain, as well as inconvenience and, in some cases, social embarrassment or job-related problems.

As experienced DWI defense attorneys, my legal staff is skilled in litigating civil and criminal cases throughout the state of New Jersey. We provide our clients with legal representation in cases ranging from drunken driving, drug-impaired vehicle operation, illegal drug (CDS) possession and breath test refusal, just to name a few.
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Throughout the Garden State, the constant stream of news reports regarding drunk driving, specifically those found online and in the newspaper, illustrate the ongoing fight that law enforcement and our court system continue to have with the very real issue of intoxicated driving. As dedicated criminal and civil defense attorneys, my legal staff handles numerous DWI and drug DUI cases every week in counties such as Bergen, Monmouth, Middlesex and Atlantic, to name just a few.

As New Jersey DWI defense lawyers, we see clients who have been charged with driving while intoxicated by alcohol or drugs on city streets, as well as the parkway, interstate and local highways. For those who have ever wondered if theirs was the only DWI arrest to merit a courtroom fight, we would have to say, No. There are many hundreds, likely thousands, of otherwise law-abiding people who find themselves on a yearly basis facing serious charges and potentially costly penalties for offense that they do not believe they committed.

Granted, quite a few defendants in DWI and drug DUI cases will not understand the extent to which our DWI laws can affect the outcome of their drunk driving case, which is why it is important to seek the assistance of a qualified defense lawyer who has extensive experience in representing motorists accused of DWI or drug DUI offenses. This would include summonses for driving under the influence of alcohol, doctor-prescribed medications, and even the use or possession of illicit drugs, such as marijuana, methamphetamine or cocaine.
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Having represented numerous defendants against various civil and criminal charges over the years, my colleagues and I handle a great deal of cases involving motorists accused of drunken driving, drug DUI, and other offenses related to impaired operation of a motor vehicle here in New Jersey. As skilled DWI defense attorneys, we know which cases may be tough going for our clients and which will be more routine. In some instances, we can even tell early on whether or not a DWI or DUI case may be thrown out due to insufficient evidence or improper police procedure.

Regardless of the cause of a drunk driving or drug-related DUI arrest, having a qualified legal professional on one’s side can not only be a smart move, but it can also be reassuring for the defendant to know that he has a knowledgeable expert in the area of drunk driving law representing his interests in court. As professional litigators, my legal team has extensive litigation experience throughout the Garden State. And, when asked by potential clients, we often hold that fighting a DWI-DUI charge is a wise course of action, especially considering the financial consequences.

Of course, the monetary aspects of a drunken driving conviction can frequently be a serious consideration, especially for those individuals who are facing a significant DWI-DUI offense. One serious charge that a percentage of drivers end up being accused of is DWI while having young children in the vehicle. Just as a DUI or DWI in a school zone can result in extensive penalties following a conviction, having kids in a motor vehicle while allegedly driving under the influence of drugs or alcohol can make for a rather difficult legal situation as well.
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A news report earlier this month pointed up the danger of drinking and driving, not only in terms of legal liability, but especially due to the serious nature of accidents that can take place when operating a motor vehicle while possibly intoxicated due to alcohol or drugs. As Garden State DWI lawyers, my law firm is always ready to assist those motorists who have been accused of drinking and driving on New Jersey roadways. However, as drivers ourselves, we also know there are numerous risks associated with driving under the influence, many of which can be life-threatening.

That said, and while we in no way condone impaired driving, we do understand that some individuals can be fully unaware of their inebriation due to beer, wine or hard liquor, as well as possible impairment resulting from taking doctor-prescribed medications prior to getting behind the wheel. For those who believe they were unjustly charged with a DWI or drug DUI, my skilled legal team is available to help defendants fight those charges in a court of law.

Sadly, the reality of driving in New Jersey can mean that some people will be involved in a serious automobile or trucking-related accident as a result of some kind of impaired vehicle operation. From a legal standpoint, being charged with drunken driving following an injury-related roadway crash can often mean that the local prosecutor will consider other, more serious charges stemming from the accident itself.
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