Hackensack DWI Lawyers
- Andes, Robert:
moving violations, DWI/DUI, disorderly person charges
- Brandmayr, Ronald:
* Criminal Law
* DWI
* Personal Injury
* General Practice
- Resch & Driscoll:
DWI/DUI
Driving While Intoxicated, or "drunk driving" is classified as operating a vehicle under the influence of alcohol, or any controlled dangerous substance, medication, or prescription that impairs the driver's ability to operate the vehicle.
Know your rights!
In New Jersey, the DWI/DUI laws are as follows:
¥ an Alcotest BAC (Blood Alcohol Content) reading of: 0.08%
¥ Receive administrative license suspension upon 1st offense: No
¥ Restore driving privileges during suspension: N/A
¥ Do penalties include interlock: Yes
¥ Vehicle forfeiture for multiple offenses: No
¥ Open container laws: driver/passenger
If convicted of DWI/DUI, there are several factors that are weighed into which fines/penalties you may receive:
* Prior DWI/DUI convictions
* Any other prior convictions
* Any current probation or parole you may be on
* Attitude of the community and court toward this type of crime
* Mitigating/aggravating circumstances
* If there was an accident involved
* Your BAC - blood alcohol content - In New Jersey, a BAC of 0.10% or higher may carry greater penalties
New Jersey Mandatory Fines and Penalties
Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
Loss of License Fines, Fees & Surcharges Possible Prison Term Community Service Requirement
3 months $250Ð$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12Ð48 hours IDRC*
Alcohol or drug related DUI with BAC of 0.10% or greater
Loss of License
Fines, Fees & Surcharges Possible Prison Term Community Service Requirement
7 monthsÐ
1 year $300Ð$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12Ð48 hours IDRC*
For more information on New Jersey DWI/DUI fines & penalties, visit
New Jersey Motor Vehicle Commission - DUI
If you're facing a possible conviction of DWI/DUI and the penalties listed above, Resch & Driscoll, P.C. law firm is here to help you with your Driving While Intoxicated case. Let us help you develop an effective defense -
This may include:
* Insufficient evidence
* Factual innocence
* Illegal traffic stop
* Improper testing
- Potter, Richard:
Drunk driving cases are very technical. New Jersey uses the Alcotest machine to measure blood alcohol content, and it is not uncommon for these machines to have problems. The New Jersey Supreme Court has fairly recently approved the Alcotest machine for use in DUI/DWI prosecutions. There are a number of different scientific and technical things the state has to prove with this test, and you want to make sure you have an experienced lawyer who fully understands these concerns.
New Jersey, in many instances, goes further than even the federal constitution in terms of protecting the rights of people that have been charged with a crime.
- Russo, Toni:
Child Removal/DYFS
Matrimonial matters
Divorce
Personal Injury
Auto Accidents
Slip and Falls
Workers Compensation
Criminal Law
DWI's
Traffic Tickets
Real Estate Closings
Wills/Living Wills/Power of Attorneys
Medical Malpractice
Landlord/Tenant
Bankrupcy
Incorporation
Family Law
Child Custody and Support
DYFS
- Cohen, Jacobs & Rothman:
Divorce Law
Personal Injury
Pedestrian Accidents
Employment Law
Criminal Law
Real Estate
Settlements
- Sutnick & Sutnick:
A DWI can happen to anyone. All it takes is a mistake in judgment. It is a serious charge that should be taken seriously.
Even if it is your first offense, the consequences are significant. DWI charges may result in the loss of your driver's license, serious fines, having to put an interlock device in your car and the possibility of going to jail.
About the Law on Drunk Driving
A blood alcohol level of .08 is the baseline for drunk driving cases in both New Jersey and New York. Anyone charged with a refusal to take a Breathalyzer test may face the same serious consequences as a person charged with drunk driving.
In both states, the consequences increase with an arrest for a second or third DWI.
A second conviction may cause you to lose your driver's license for two years. You may spend some time in jail or in a treatment center. And for a third arrest, you could face a six month minimum jail sentence and lose your license for ten years. For this reason, it is critical to contact an experienced attorney Ñ especially if you have been arrested for drunk driving before.
- Shettino, John:
Many people make the mistake of trying to handle municipal offenses on their own, and end up making a manageable situation worse. If you have been arrested for drunk driving or you have received traffic and speeding tickets, you need an experienced attorney helping you minimize the potential consequences.
- Gelormino, John:
You never intended to drive while intoxicated (DWI) but it happened, and you got caught. If you were arrested for drunk driving and are in need of DWI/DUI defense, you need experienced representation.
- Aretsky & Aretsky:
One of the greatest risks that people charged with driving under influence face is losing their driver's license. A conviction for a DUI results in a mandatory driver's license suspension, and New Jersey does not issue work permits in DUI cases. In addition, a DUI conviction can result in stiff fines, surcharges, jail time, and increased insurance premiums. While fighting a DUI may seem expensive, not fighting a DUI can be devastating.
- Vache Edward Bahadurian:
Many offenses including criminal charges, traffic tickets, traffic violations, and motor
vehicle summonses carry serious penalties and consequences such as:
1) Court Penalties - Jail, Suspension of License, Community Service, Fines, Surcharges, Costs, etc.
2) Points on Driving Record
3) Suspension or Revocation of Driver's License
4) DMV Surcharges
5) Insurance Problems
6) Immigration Problems
7) Employment Problems (You may be eligible for Expungement of Criminal Record)
- John Weichsel:
f you have been accused of a crime--or if you believe you might be
accused--the best thing you can do is to move quickly to find a lawyer
to protect your rights. When your future and your freedom are at stake,
you need a lawyer who has extensive experience in criminal law. You
need a lawyer with a proven record of results in defending adults and
children. You need a lawyer who has successfully tried cases in all
courts. A lawyer with both breadth and depth of experience, from drunk
driving to shoplifting, from drugs to sexual assault, from speeding to
capital offenses.
- Savy Grant:
The rights of those charged with criminal acts must be protected.
- LoFaro & Reiser:
DWI is a serious offense in New Jersey. The Court must impose mandatory
license suspensions, fines, surcharges and in certain cases,
jail. The New Jersey Division of Motor Vehicles must also impose
a mandatory insurance surcharge from $3,000 to $3,500. A permanent
record of the DWI conviction is also entered on the Drivers Abstract
maintained by the New Jersey Division of Motor Vehicles. Penalties
differ depending upon whether the offense is a first, second or
subsequent offense.
- DiLorenzo & Rush:
The cost of traffic tickets goes far beyond any fine you may be
assessed by the Court. A significant consequence is the possibility
that your insurance premiums could increase from 25% to 400% after a
traffic conviction. Many people just pay the ticket when a
knowledgeable attorney, in many cases, is able to save their driving
record and keep their insurance rates from increasing. Traffic
violations will follow you for years and can also cause increased
penalties for any future violations. You never thought it would happen to you. You had a few drinks with coworkers at happy hour after work then headed for home. Then you see flashing lights in your rear view mirror. You pull over and are arrested for DUI / DWI.
DUI / DWI arrests and charges are serious business. If convicted, your license will be revoked, you'll be facing stiff fines, and you could even go to jail. In addition, you could lose your job, your marriage or other important relationships may become strained, and your insurance rates will skyrocket.
- Brian Neary:
You now face stiff fines, driver's license loss, and in some
situations, jail. You need to be represented in one of New Jersey's
535 municipal courts. Your defense requires proper legal motions,
defenses and preparation to cross-examine an arresting officer and a
breath machine operator. All before a single judge - never a jury!
- Gary Moore: If the stopping of
your vechicle is improper all of the evidence and information obtained by
the
State as a consequence of the stop will be
suppressed by the Court which will result in the
dismissal of the drunk-driving charge, pursuant to
the United States Constitution. If the stopping of your vehicle is improper, all of the evidence and information obtained by the State as a consequence of the stop will be suppressed by the Court which will result in the dismissal of the drunk-driving charge, pursuant to the United States Constitution.
There are numerous reasons why a breathalyzer test might be unreliable. First, there is the question of whether or not the machine has been properly maintained and is in reliable operating order. There are records kept of inspections of the machine and occasionally the records reflect that the machine had been malfunctioning some time just prior to the incident, giving rise to the drunk-driving charge. While most of the police departments of New Jersey,
including the New Jersey State Police, continue to use the Breathalyzer, a machine last manufactured in the 1960s, the introduction of the Alcotest 7110 and the review of same in hearings by a retired judge, as ordered by the New Jersey Supreme Court in the case of
State v. Chun, has revealed weaknesses in the design of the Breathalyzer, including the fact
that the Breathalyzer is subject to "manipulation" by the police operator. "Manipulation"
is a nice way of stating the the Breathalyzer testing does not yield a print out, independently
generated by the Breathalyzer, so that we must rely upon the honesty of the police officer
in recording the reading indicated by a simple pointer on the machine. The review of
the reliability of the new Alcotest 7110 also reveals that the Alcotest machine provides data for checking the error factor in the breath test readings, which can be useful in demonstrating that the test readings should be reduced by the error factor to find the true breath test reading.
The way to defend against manipulation of the 900 Breathalyzer test results is to demand
from the State the log of all dwi tests results for the subject Breathalyzer machine for at least
a year prior to the test date for a particular case. A statistical study of the data can reveal,
statistically, patterns of test results consistent with the habitual manipulation of test results, using
the subject machine. THERE IS A NEW DEVELOPMENT IN THE DEFENSE AGAINST
A BREATHALYZER 900 BREATH TEST READING. The Canadian company which tests the ampoules used by being inserted into the breathalyzer has been providing inadequate
certifications as to the reliability of the ampoules causing the readings to be inadmissible at trial.
In dwi/dui/drunk driving cases, field sobriety testing is often done incorrectly or required of
individuals who are not fit for testing. The National Highway Traffic Safety Administration
guidelines for giving field sobriety tests cautions against requiring that the alphabet be recited
as part of the test and cautions against requiring persons who are more than sixty pounds overweight or more than sixty years of age from being required to do field sobriety tests. The heel to toe straight line walk is not used by physicians who prefer that a patient merely walk a straight line, normally. No one practices walking heel to toe and many of us can not do so, no
matter that we are totally sober. Once again, it should be remembered that many of us learned the alphabet by singing it but officers forbid the singing of the alphabet. Of course, field sobriety tests are often done in the darkened early morning hours, facing the glare of one's own headlights, with cars hurtling by, only feet away, impaired by the fatigue of working long hours.
Field sobriety testing is so influenced by factors other than the impairment caused by alcohol
that one can usualy mount a very strong defense to a dwi/dui/drunk driving charge not supported by breath testing.
There are a number of medical problems which may give off indications similar to that of intoxication. Diabetes, a migraine headache, a concussion, or hypoglycemia may cause a person to act and appear in a manner similar or identical to being subject to alcohol intoxication. Blood in the mouth; the presence of alcohol in the mouth, perhaps as a consequence of a mouth deodorant; a hiatel hernia; being lactose intolerant; and diabetes also give rise to chemicals which can impact upon the breathalyzer used in the State of New Jersey and cause a false reading.
There are 1200 volatile chemicals, other than alcohol, that may naturally occur in the human body and cause a false reading on the Breathalyzer. Regurgitation of stomach contents can cause a false reading because the Breathalyzer is designed to measure the alcohol in the air in your lungs, reflecting the alcohol in your blood as opposed to the contents of your mouth and esaphagous. The Alcotest 7110 is less vulnerable to such factors because of its sophistocated
design.
The police are required to advise a person arrested for drunk driving or dwi of his or her entitlement to request the opportunity to have an independent blood test done at that person's expense. The police are also required to have in place procedures and means by which a person can have a blood test done. The failure of the police to give such advise could result in the suppression of the breathalyzer results.
There are situations where breathalyzer tests are not given, such as where injury or some other medical problem requires immediate hospital examination and treatment. In these situations, a blood sample is usually taken from a dwi suspect. Where a blood sample is analyzed for blood alcohol content, there are issues of possible contamination of the blood sample in extracting the blood sample or fermintation of the blood due to the failure to properly maintain the blood sample at a cool temperature while storing or transporting the blood sample. Additionally, it must be established that the integrity of the blood sample has not been endangered by failing to store it in a locked evidence refrigerator.
The testing method used by State Police chemists differs from the method commonly used by hospitals in analyzing a blood sample because purpose of the analysis differs. The hospital is testing the blood for the purposes of diagnosis and treatment and not for the purpose of criminal prosecution.
It is not wise to refuse the breathalyzer test because the refusal is itself an offense punishable by the same penalties as the drunk driving offense that could have been charged if the test had been taken and failed.
- Rem, Zeller &
Associates:
The good driving while intoxicated (DWI) defense attorney is a
gunslinger.
You're fighting on
their turf. The odds are always
against
you, and everybody is gunnin' for you.
It's you against
the world. The prosecutor has his
posse—the sheriff, the cops, the facts, the law, Mothers
Against Drunk Driving, public opinion,
and
you're not too sure about the judge.
You're alone,
armed only with a six-shooter of
preparation, knowledge, guts, attitude, salesmanship, and a
reckless disdain for the consequences
of the shootout that looms.
- LoFaro & Reiser:
If the police observe you driving erratically or violating traffic laws,
they are permitted to stop and question you for a DWI violation. If they
suspect that you are intoxicated, they can ask you to submit to various
tests, including a blood alcohol test.
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