Aggravating Factors in a DUI and their Impacts in NJ
Aggravating Factors in a DUI and their Impacts in NJ
Don’t drink and drive. Who hasn’t heard that? And yet, people do drive after having a drink or two or more. It may be a matter of poor judgment or the hope that you won’t get caught this time, but it's also easy not to accurately gauge whether you are considered driving over the legal limit in New Jersey. Obviously, drinking and driving can end badly for you and maybe for others too. Not all drunk driving ends in accidents, but some do. ...
Probable Cause and Reasonable Suspicion for DUI in NJ
Probable Cause and Reasonable Suspicion for DUI in NJ
In many DWI cases, the best defense argument is to contest the legality of the traffic stop that preceded the drunk driving arrest.
If the police officer did not have a legitimate reason for stopping your car in the first place, then any evidence of your intoxication obtained thereafter could be deemed inadmissible at trial. Without evidence proving that you were driving while intoxicated or driving under the influence, the prosecution ...
New Jersey Open Container Violations
New Jersey Open Container Violations
When you drive a car or other motor vehicle in New Jersey, you are not allowed to have an open container of any alcoholic beverage inside the vehicle.
This prohibition on possessing an open container in a car applies when the car is being driven on a public highway. Perhaps surprisingly, the prohibition also applies when the vehicle is in a parking lot or even in your own driveway. Basically, once you are inside your car, you cannot open a beer, liquor ...
DWI: Crime or Traffic Violation in NJ?
DWI: Crime or Traffic Violation in NJ?
In New Jersey, a DUI is typically a traffic offense. In other words, driving under the influence of alcohol or drugs is not a felony, otherwise known as an indictable crime, or a misdemeanor, called a disorderly persons offense. Nonetheless, under some circumstances, a conviction for DWI allows the judge to impose a sentence similar to those of certain forms of criminal charges.
DWI charges require familiarity with the local court in which your ...
Your Rights when Arrested for DWI in New Jersey
Your Rights when Arrested for DWI in New Jersey
Arrested for DUI in NJ - What are my Rights?
DWI arrests are always a jarring event. You likely feel unfairly singled out, outraged, and incredibly inconvenienced. If you are under the influence when arrested, you may feel disoriented and scared. Either way, it is critical to remember your rights during the time leading up to and after an arrest for DUI charges. Here is the critical information that you should know about rights when arrested ...
Drug Recognition Expert Report for Drug DUI Defenses in New Jersey
Challenging Drug Recognition Expert Reports for Drug DUI in New Jersey
DUI Lawyer with Local Offices in Point Pleasant Explains
Prosecuting DUI charges with a Drug Recognition Expert (DRE) has become increasingly popular in New Jersey. Often, a DRE will not be able to specify what specific substance was used that impaired the person’s ability to drive. Instead, the officer will rely on a 12-step process to opine to the court that the person was under the influence of some type of drug, ...
Potential Defenses for Driving on Drugs
Potential Defenses for Driving on Drugs in NJ
Virtually everyone has heard of a breathalyzer test. Blow into a breathalyzer device, the device gives a numerical reading telling you or a police officer your Blood Alcohol Concentration (BAC), and if you are below the legal limit of .08, you can usually go on your way. But what if police suspect that you’ve been driving under the influence of drugs, not alcohol? There’s no breathalyzer for marijuana, nor for heroin, Xanax, cocaine, or meth ...
What are the Penalties for 1st DUI in New Jersey?
What are the Penalties for 1st DUI in New Jersey?
New Jersey recently revised the DUI sentencing laws to implement different penalties for first time DWI offenders. Specifically, New Jersey Legislature bill S824 entitled “Revises penalties for drunk driving and ignition interlock device violations,” was signed into law on August 23, 2019. These significant changes make it possible for first time DWI offenders to have shorter license suspensions by installing interlock ignition devices in ...
Does Insurance go up After DUI in New Jersey?
Does Insurance go up After DUI in New Jersey?
How a DWI Conviction Impacts Car Insurance Rates in NJ
Almost everyone knows that DWI charges can be costly in New Jersey. A DUI conviction often results in thousands of dollars in fines, fees, penalties, and assessments. You may have to pay to install an ignition interlock device in your car. Jail time and driver’s license suspensions can result in time missing work and reduced earnings. But few consequences of DWI are more expensive than a ...
Can I Be Convicted of New Jersey DWI without a Breath Test?
Can I Be Convicted of New Jersey DWI Without a Breath Test?
New Jersey state law requires you to provide a chemical test sample, usually a breath test, to police if they have probable cause to suspect that you have been driving while intoxicated or under the influence of drugs. You risk the same penalties if you refuse to provide a breath sample after police have requested that you provide one. Some people still refuse to blow into the breathalyzer machine, mistakenly believing police ...