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NJ L&PS: Highway Traffic Safety: Alcohol Awareness
In New
Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle
with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers
to the amount of alcohol in your blood. Although the law refers to a 0.08
percent BAC, you can be convicted of driving while under the influence of
intoxicating liquor even when your BAC is below 0.08 percent. The BAC threshold
determining drunk driving was changed from 0.10 percent to 0.08 percent in
early 2004. Consuming even small amounts of alcohol dulls the senses, decreases
reaction time, and hampers judgement, vision and alertness. If you consume any
amount of alcohol and your driving is affected, you can be convicted of drunk
driving. Parents and Guardians: A parent or guardian who is convicted of driving under the
influence and who has a minor under age 17 as a passenger in the motor vehicle
is also guilty of a disorderly persons offense. In addition to the penalties
otherwise prescribed by law, a person shall forfeit the right to operate a
motor vehicle for a period of not more than six months and shall be ordered to
perform community service for a period of not more than five days.
Attorney Offices by Municipality
- Newark
- New Brunswick
- Newfoundland
- Azar, Edward:
DWI and Traffic Violations
Charges of DWI/DUI, speeding, and reckless driving can cost you in terms of fines, jail time, loss of your license, and higher auto insurance rates for years to come- However, with the aid of an experienced criminal defense lawyer, your chances of minimizing or eliminating these consequences improve significantly.
- Newton
- Michael Justice:
Many moving violations involve DMV points. Points usually translate into increased insurance premiums.
- North Arlington
- Howard Egenberg:
The consequences of a criminal conviction can be devastating. These charges must be vigorously defended.
- North Brunswick
- Northfield
- North Wildwood
- Northport
- Yule, Edward:
criminal charges for a controlled substance, driving after revocation of your license, driving while impaired, DWI, shoplifting, theft, or grand larceny
- Oakhurst
- Old Bridge
- Miller, Phillip:
* Personal injury
* Real estate
* Municipal court issues
* Business issues
- Ocean
- Ocean City
- Oradell
- Calogero, Gina:
DRIVING WHILE INTOXICATED
A DWI conviction, or conviction for refusal to take an alcohol test, is a serious offense in New Jersey, involving fines, penalties, surcharges, mandatory loss of license and even, in some cases, jail time.
If the blood alcohol level is between .08 and .10, the license suspension is 3 months; over .10 it is 7 months for a first offense. A second offense results in a two-year suspension with up to 90 days in jail, and a third offense results in a 10-year suspension with up to 6 months in jail. For subsequent offenses, you may also be required to install an ignition lock in your vehicle that will test your breath before driving.
There is no such thing as a limited driving license in New Jersey Š not even for driving to work. It is important to have the advice of an attorney when facing such serious consequences.
- Orandel
- Walter Janneck:
When charged with DUI or DWI, you run the risk of losing your privilege to drive, impacting your ability to earn a living.
- Orange County
- Edward
Kasselman:
Despite the public outcry in favor of tougher penalties for this offense,
a person charged with a violation of the drunk driving statute
is still entitled to the protections of the United States
Constitution and other laws. A person's right to an attorney, right to
remain silent, right to
a fair trial, and the need for the State to prove guilt beyond
a reasonable doubt, as well as the presumption of innocence, must all be
observed
by the prosecuting authority.
- Park Ridge
- Mayer, Robert:
* Drunk driving (DUI/DWI)
* Driving without insurance
* Driving while license is revoked
* Speeding tickets, including driving at excessive speeds
* Reckless driving
- Parsippany
- Pennington
- Carl Ippolito:
Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 requires courts to advise a defendant considering entering into a plea agreement that the defendant has no right to withdraw the plea if the court does not follow the prosecutor's request or recommendation.
In fact, failure to warn a defendant that there is no right to withdraw a plea if the court rejects the prosecutor's request or recommendation may entitle a defendant who is subsequently convicted to obtain relief based on a Rule 11 failing.
- Perth Amboy
- Arzadi & Associates:
DRUNK DRIVING OUI STOP -- What You Should Do:
1. Keep Quiet. Do Not Make Any Statements.
When questioned for OUI before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the officer's questions concerning the OUI investigation, either before or after arrest, then there won't be any statements that can be used against you in court.
2. Insist On Your Right To Speak To and To Call Your Attorney.
3. Be Calm.
Always be polite and respectful to the police officers. Be cooperative -- but no tests. How you are perceived by a jury is extremely critical.
- Pittstown
- Evans, David:
* DUI/DWI/Drunk Driving
* Underage Drinking
* Drug Crimes
- Phillipsburg
- Winegar, Wilhelm,Glynn & Roemersma:
A DUI/DWI conviction will taint your driving record, impact your insurance rights, and may even cause the loss of your license. If you are charged with DUI/DWI, you need experienced DUI/DWI counsel. We are experienced DUI/DWI trial attorneys and we will utilize our skill and experience to protect your rights.
- Pleasantville
- Point Pleasant
- John Menzel:
Almost all drunk driving charges arise from arrests which are
considered warrantless seizures. Seizures made without an arrest warrant
are presumed to be unreasonable. Thus, the State must establish that the
officer had probable cause to (a) stop you, and (b) arrest you for drunk
driving. Probable cause is a reasonable basis to act, usually involving a
suspicion that you violated the law. The State must establish probable
cause by a preponderance of the evidence.
- Point Pleasant Beach
- Villani & DeLuca:
There are over more than 700 DWI charges issued per week and over 30,000 issued per year according to NJ statistics. Driving while intoxicated encompasses driving while under the influence of alcohol but also includes situations where a driver is impaired by the influence of drugs both legal and illegal. The current law provides for a person to be considered under the influence of alcohol if their Blood Alcohol Level (BAC) is above (.08) as determined by a blood or breath test. Under NJ law you are required to submit to a breathalyzer examination or blood test as the case may be and failure to do so carries penalties similar to that if found guilty for DWI. Unlike other states, DWI is not considered a criminal offense in New Jersey, however, the penalties which include jail in certain instances are severe even though not technically "criminal." The law on DWI is continuously changing, that is why you should hire an experienced DWI lawyer to defend you.
- Pompton Plains
- Azrak & Associates:
It must be remembered, however, that it is not necessary for the police to produce a breathalyzer result
or a blood or urine test in order for a person to be found guilty of DWI. Police frequently use a series
of psychological and physical roadside tests to determine if the driver appears to be under the
influence of alcohol or drugs so as to justify requiring him to take the breathalyzer; that is, to establish
probable cause for requiring the breathalyzer test. Also, the test results can be used, along with
observations of the drivers demeanor, appearance and behavior, as circumstantial evidence to draw an
inference that the driver is under the influence of alcohol or drugs.
- Princeton
- Princeton Junction
- Gary Jodha:
You should consult an attorney for individual advice regarding your own situation.
- Randolph
- Red Bank
- Ridgewood
- River Edge
- Brickfield & Donahue:
* Did the arresting officer have a right to stop your vehicle?
* Was the breathalyzer machine calibrated properly?
* Was there an error in administering the breath test or road side test?
* Was there a procedural or constitutional error that may warrant relief?
- Rockaway
- Bell & Hassing:
* First offense DWI: License suspension of 3 to 12 months, fines and a $1,000 per year MVC surcharge for three years, mandatory Intoxicated Driver Resources Center (IDRC) counseling
* Second offense DWI: Up to 2-year license revocation, possible jail time
* Third offense DWI: Mandatory 180 days in jail (90 of which can be served in a rehab facility), and 10-year license revocation
New Jersey does not allow a "hardship" license during suspension. Additional penalties can include an ignition interlock on your vehicle, confiscation of your vehicle and community service.
- Roseland
- Roselle
- Turlik & Budanitsky:
A first DWI / DUI conviction in New Jersey may result in a few hundred to several thousand dollars in fines and surcharges. Penalties are doubled and mandatory jail time added if the offense occurs in a school zone -- and drivers' licenses may be suspended for up to two years. A second or third offense is likely to result in jail time, as well as higher priced penalties and other punitive measures.
A driver charged with a DWI / DUI offense needs the help of an experienced trial lawyer. An attorney experienced in drunk driving defense will examine every angle of a case: was there probable cause for a traffic stop? If the driver consented to a Breathalyzer test, was that test done properly? Was the equipment properly calibrated? Answers to these and other questions may enable an astute DWI / DUI lawyer to mount an aggressive defense in a DWI / DUI arrest case. In some cases, charges may be lessened to much less serious charges of reckless driving.
- Salem
- Waters &
Puma:
Considering the high stakes involved in such matters, including
potential jail time, fines, criminal record, and/or loss of driving
privileges, you cannot be too careful when it comes to selecting an
attorney with extensive skills and experience in these areas of practice.
- Sayreville
- Krenzel, John:
* Criminal Law
* Divorce
* DUI/DWI
* Elder Law
* Estate Planning
* Family Law
* Personal Injury - Plaintiffs
* probate & estate Administration
* Real Estate Law
- Somerset
- Uslan, Richard:
- Wronko, O'Hara &
Miller:
Anyone who operates a motor vehicle on the highways of New Jersey
must take a breathalyzer if the police have a reasonable suspicion that
you may have been drinking. This suspicion could be from your own
admission, from the manner of your driving, or from alcohol on your
breath. If you refuse, you will be charged with refusal and probably
D.W.I. You have the right to request a blood test, and if you believe you
are not intoxicated, you can go to the hospital and request one after the
police release you.
- Somerville
- Trombadore Wilson:
DWI and DUI charges can carry severe penalties and convictions can lead to long-term disruptions to your life. Mounting a defense takes diligent analysis of the facts and the law and the skills of an experienced attorney.
DriverÕs licenses and driving privileges are invaluable to the lives of our clients. Many require them to get to their jobs and pursue household obligations freely.
- South Orange
- Sayegh, James:
Do not plead guilty before speaking to a lawyer!
If you were charged with drunk driving, possession of marijuana or reckless driving, you could be facing substantial fines, loss of your driverÕs license or even jail time. If you are a college student, pleading guilty to any one of the offenses listed above could have a devastating impact on your ability to find the job you want after graduation. Do not plead guilty before discussing your case with a lawyer. Pick up the phone and schedule a free consultation with a criminal defense attorney who can examine the facts of your case, explain the possible fines and penalties you may be facing and advise you every step of the way.
- Spring Lake
- Teaneck
- Toms River
- Trenton
- Union
- Union City
- Unknown
- Verona
- Vineland
- Wasserstrum, Seymour:
A DWI could result in serious penalties including significant fines, loss of license, even jail time. Whether this is your first offense or you are a multiple offender, we can aggressively assert your right to minimize penalties or get DWI charges dropped.
- Voorhees
- Watchung
- Wayne
- West Collingswood
- Michael Miller:
In order to obtain relief based on a claim of error, the defendant must generally "preserve" the claim of error by making a timely objection. In the absence of a timely objection, a claim of error becomes "unpreserved" and the standard for reversal is the plain error standard.
Under FRCP 52(b), courts may consider "a plain error that affects substantial rights...even though it was not brought to the court's attention." The U.S. Supreme Court has interpreted the plain error standard to mean that an error must have "substantial and injurious effect or influence in determining the...verdict." Further, the Court has required defendants seeking relief based on plain error to show "a reasonable probability that, but for [the error claimed], the result of the proceeding would have been different."
- Westfield
- West Long Branch
- Chamlin, Rosen, Uliano & Witherington:
* All Indictable "Felony" charges
* Federal Felony crimes
* Drug possession
* Federal or State Drug Crimes
* Assault / Battery
* Expungements
* Burglary
* Theft
* Identity Theft
* Sex Crimes
* Sexual Assault
* Endangering the Welfare of a Child
* Computer Crimes
* Obstruction of Justice
* White Collar Crimes
* Disorderly Persons
* Municipal Court:
o Quasi-Criminal Disorderly Persons charges
o Petty Disorderly Persons charges
o Borough, Town or City Ordinance charges
- West New York
- Ortiz & Paster:
It is important that you preserve your rights while protecting your reputation, regardless of the offense.
- West Orange
- Westwood
- Randall & Randall:
A traffic offense like reckless driving or speeding can add points to your driver's license and raise your insurance rates. A DWI arrest and conviction can result in license suspension, higher insurance rates, mandatory classes, chemical evaluation, and even jail time.
An arrest for even a small amount of marijuana or a first-time theft charge can mean a criminal record that can affect your reputation and your education and career opportunities. There can be lasting consequences to every criminal charge and conviction. With so much on the line, it makes sense to hire a lawyer who will look out for your best interests throughout the life of your case.
- Williamstown
- John Luby:
A drunk driving case can easily be one of the most challenging for the
Municipal Court attorney. Both for society and individual, there is a great
deal resting on its outcome. Rather than attempt to enter into a full depth
discussion of driving while under the influence of alcohol or drugs, it is
highly recommended that you call this office immediately for a free
consultation.
- Wildwood
- Williamstown
- John Luby:
A drunk driving case can easily be one of the most challenging for the
Municipal Court attorney. Both for society and individual, there is a great
deal resting on its outcome. Rather than attempt to enter into a full depth
discussion of driving while under the influence of alcohol or drugs, it is
highly recommended that you call this office immediately for a free
consultation.
- Wilmington, DE
- Scott DePhillips:
You may be thinking about pleading guilty and sending your ticket in by mail. However, New Jersey traffic ticketsmay cause points on your license, state surcharges and increases in insurance premiums. Points, state surcharges and increases in insurance premiums may affect you for years.
You should consider hiring an Attorney to assist you with your current New Jersey traffic ticketor DWI matter.
- Woodbridge
- Woodbury
- Wood Ridge
- Herbert & Weiss:
Traffic citations can have serious negative consequences for both your driver's license and insurance rates. Speaking to an experienced attorney can help you minimize, and often eliminate, the adverse effects of a traffic citation.
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