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breathalyzerIf you have been pulled over on suspicion of drunk driving, it is important for you to understand your rights regarding breath tests. At our firm, our skilled New Jersey DWI attorneys understand the nuances of this area of law and know what it takes to resolve cases efficiently and effectively. When it comes to a DWI charge, you should not leave the outcome to chance, which is why it is important to hire a knowledgeable lawyer.

New Jersey has an “implied consent” law, which means if you drive on New Jersey roads, you have implicitly agreed to submit to breath testing when an officer has probable cause to suspect that you were driving while under the influence of alcohol. State law mandates drivers to submit to breath testing, without any exceptions.

If you refuse to submit to a breath test, you can be charged with “refusal to submit to chemical breath testing.” This is a distinct offense that leads to additional charges on top of the original DWI charge. In order to be convicted for refusal, the arresting officer must have had probable cause to believe that the defendant had been driving while intoxicated. In addition, the driver must have refused to submit to taking the breath or other type of sample after being asked to do so by the police officer.

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gavelIf you or someone close to you has been arrested for driving while intoxicated (DWI), you need to contact a skilled New Jersey attorney who understands this area of the law. If convicted, drivers face stiff penalties, such as fines and fees, jail time, and license suspension. In New Jersey, however, jail does not always automatically mean you will actually serve time in jail. There are alternatives to serving time in county jail on first and second offenses.

Alternative sentencing is intended to provide the defendant with rehabilitation, as opposed to punishment. As a practical matter, sentencing alternatives allow individuals to keep their jobs and seek treatment for alcohol or drug abuse, if necessary. Alternative sentencing will vary depending on the circumstances of the case, as well as the judge on the case.

As mentioned above, for first and second offenses, alternative sentencing would allow jail time to be exchanged hour-for-hour for electronic monitoring, which is often known as “house arrest.” This means that the convicted driver may be permitted to serve all or part of the sentence on an electronic monitoring program. This allows the defendant to work, attend alcohol education classes, tend to their familial duties, and carry on with their day-to-day life. An ankle bracelet not only monitors location but also can detect alcohol consumption by monitoring excretions from the skin.

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school zoneWhile all instances of driving while intoxicated (DWI) are taken seriously in New Jersey, certain factors can make a DWI offense worse. One of these factors is driving in a school zone under the influence of alcohol. If you or someone close to you has been arrested for a DWI in a school zone, it is imperative to consult a skilled New Jersey DWI attorney who can protect your rights. We understand that dealing with drunk driving charges can be extremely stressful, which is why we will keep you informed about the status of your case throughout the entire process.

In New Jersey, a person is deemed to be driving under the influence of alcohol if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. The BAC limit for drivers under the age of 21 is 0.02 percent. The BAC limit for commercial drivers is 0.04 percent.

An individual can be charged with a DWI or refusal to submit to chemical breath testing if the individual got behind the wheel in a school zone when the offense occurred. It is important to note that you can be found guilty of a DWI in a school zone even if officers outside a school zone stop your vehicle. The prosecution only needs to prove you were driving in a school zone, irrespective of where the stop took place.

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truckNew Jersey has always had tough laws for those who get behind the wheel under the influence of alcohol. For commercial drivers, the stakes can be even higher. If you are a commercial driver or know a commercial driver who has been arrested for driving while intoxicated (DWI), you need to reach out to a seasoned New Jersey DWI attorney without delay. Whether you are a repeat offense or it is your first offense, we can help. We know how seriously a DWI can interfere with a commercial driver’s life, which is why we will advocate for you at every step of the way.

Truck drivers and bus drivers in New Jersey must obtain their Commercial Driver License (CDL). First, however, they must get their regular driver license. There are different CDL classes depending on the type of commercial vehicle you will be driving. It is important to note that taxi drivers carrying fewer than eight passengers and ride-sharing van drivers do not need to obtain a CDL.

The Federal Motor Carrier Safety Act, in conjunction with the New Jersey CDL Act, prohibit commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher. This is a much lower amount than the 0.08 percent that applies to ordinary drivers. The law applies to vehicles such as:

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gavelBeing charged with driving while intoxicated (DWI) can be extremely stressful, and rightfully so. DWI charges can have far-reaching negative consequences for an individual’s life, including that individual’s personal and professional reputation. If you or someone close to you has been charged with a DWI, it is important to reach out to a skilled New Jersey DWI attorney who can help. While each DWI case is unique, the trial process in each case is typically the same.

In New Jersey, the offense of driving while intoxicated (DWI) involves an individual with a blood alcohol concentration (BAC) of 0.08 percent or greater getting behind the wheel. The BAC is different for commercial drivers as well as drivers under the age of 21.

DWI trials take place in the municipal court in which the DWI ticket was issued. A municipal court judge will preside over the trial and make the ultimate decision regarding the defendant’s innocence or guilt. It is essential to be aware that defendants charged with drunk driving in New Jersey are not entitled to a jury trial.

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Just last week, a former New Jersey police officer was convicted of drunk driving and causing a wrong-way accident that ended up killing a fellow officer as well as another friend. The cop is now facing up to 25 years in prison, the maximum for his crimes.

Prosecutors say that at the time of the crash, the former Linden police officer’s blood alcohol concentration (BAC) was 0.24, three times higher than the legal limit in New York, which is 0.08 percent. The defendant was driving the wrong way on the highway when he crashed head-on into a tractor-trailer. The crash occurred in March 2015 as the defendant and three of his friends were heading home to New Jersey after a night of drinking in New York.

In New Jersey, as in New York, the basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a BAC of 0.08 percent or more. If you drive while you are drunk and kill someone in an accident, you will likely be charged with either vehicular homicide or vehicular manslaughter under Section 2C:11-5 of New Jersey’s criminal code.

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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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drugsIn recent years, public awareness campaigns coupled with law enforcement measures have successfully lowered the overall rate of drunk driving in New Jersey and across the United States. Interestingly enough, however, drugged driving has been on the rise. If you or your loved one has been charged with drugged driving, you need to consult a seasoned New Jersey DWI attorney as soon as possible. These charges should never be taken lightly because they can have a serious negative impact on almost every aspect of your life.

Earlier this month, golf champion Tiger Woods was stopped and charged with driving under the influence of medication, bringing attention to the huge problem of drugged driving. A recent report by the Governor’s Highway Safety Association along with the Foundation for Advancing Alcohol Responsibility revealed that drugged driving has surpassed drunk driving as a factor in deadly crashes. Statistics indicate that drugs were present in 43 percent of drivers in crash fatalities, a 25 percent increase since 2012.

After his arrest, Woods insisted that the incident was due to a bad reaction to prescription medication, rather than due to alcohol. But does that really make a difference? The short answer is no. In New Jersey, a person who is driving under the influence of drugs may be committing the offense of driving while intoxicated (DWI).

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gavelBeing formally convicted of a DWI is a very serious matter that can have adverse and far-reaching consequences for many aspects of your life. If you have been convicted of a DWI, you may be able to appeal the decision in certain situations. An experienced New Jersey DWI attorney can assess the merits of your case and help determine whether you have sufficient grounds for an appeal. Our firm has handled many DWI cases, and you can rest assured that we know how to navigate these types of situations.

Under New Jersey law, the offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater. 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.

An individual convicted of a DWI in New Jersey can appeal his or her conviction. When a defendant appeals a conviction, he or she is asking a higher appellate court to review the case for legal or procedural errors. It is important to note that the appeals procedure is time-consuming and requires a lot of paperwork. In addition, strict deadlines need to be met, or you will lose the right to appeal.

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