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Jersey City DWI Lawyers

  • Papadopoulos-Vlantes & Moehring: Drunk Driving: Have you been arrested for drunk driving? A DUI or DWI in New York or New Jersey carries severe penalties. With an increase in penalties for every offense, it is important to fight each case.
  • Koles, Burke & Bustillo: Constitutional Rights of an Individual in Police Custody The Fifth Amendment of the U.S. Constitution provides that "no persons shall be compelled to be a witness against himself..." This guarantee also applies in New Jersey and has been interpreted to mean that individuals have a right to be free from giving self-incriminating testimony, including statements to police while in custody. The right to be free from self-incrimination forms the basis for other liberties such as the Miranda rights to remain silent and to an attorney. In order to be entitled to be read their Miranda rights, the individual must be in custody of and about to be interrogated by the police. However, even where Miranda rights are required, several exceptions exist rendering Miranda violations by police inconsequential. What Constitutes Police Custody "Custody" is a limitation on an individual's freedom of action by virtue of a lawful process or authority. With regard to criminal procedure, whether a person has officially been placed in police custody is determined on an objective test basis. The test generally measures whether a "reasonable person" would believe that officer in some way suggested that they were not free to leave and custody is therefore not limited to formal arrests. The determination of what does and does not constitute custody can be subtle. It is more likely that an individual is in custody where: * There is a traditional arrest and constraint (handcuffs, closed room, etc.) * Detention is long and involuntary * An individual is placed in hostile and unfamiliar surroundings It is less likely that an individual is in custody where: * There is a routine traffic stop * Detention is brief and voluntary (as in a brief field interview) * The police call an individual on the telephone (since the individual is free to hang up) Interrogation "Interrogation" is defined as those words or actions by police which are likely to elicit an incriminating response, including a confession. Police are required to read an individual their rights (i.e., a "Miranda warning") before they may interrogate or question a detained individual. However, a line of questioning by the police is only an interrogation if the individual is determined to be in "custody." Interrogation typically involves persuasion or pressure, for example by attempting to convince an individual that in would be in their best interest to confess to a crime or to provide certain details. Miranda Rights In Miranda v. Arizona, the U.S. Supreme Court held that all individuals under police custody must be advised of their constitutional rights in order to ensure that they understand their Fifth Amendment right to be free from self-incrimination. Collectively, the rights of which individuals must be advised are their "Miranda rights." Generally, police must inform suspects that they have a right to remain silent and that they have a right to an attorney, whether or not they can afford one. In addition, the police must advise that any statements made following the Miranda warning can be used as evidence against the individual in court. A person in custody may decide either to exercise or waive their rights. In general, if the individual asserts the right to silence or an attorney, the police must honor the request and cease the interrogation. In contrast, if the individual elects to waive their rights and agree to talk to the police, the interrogation may continue. However, a waiver of rights is valid only if it is made knowingly, voluntarily, and intelligently. Consequences of the Failure to Give a Miranda Warning The Miranda Rule is one of exclusion that was designed to strengthen the rights of suspects in police custody. The purpose is to exclude a person's incriminating statements from their trial where they did not fully understand all of their constitutional rights in making them. In other words, if police procedures violate Miranda, by failing to advise a suspect of their rights or otherwise, their statements cannot be used against them in court. In practice, however, there are several exceptions to the Miranda requirement. Exceptions to Miranda Since the 1966 Miranda decision, the U.S. Supreme Court has carved out several exceptions to the Miranda exclusionary rule. Some of these exceptions include: * Impeachment: Prosecution may introduce a Miranda-excluded statement of a defendant in court on cross-examination if the defendant contradicts that statement, to show that the defendant is lying. * Evidence derived from Miranda violation: Where a suspect asserts an alibi in response to police interrogation without being Mirandized, the police may use incriminating information obtained from the alibi against the suspect. * Delayed warnings: If a suspect confesses without Miranda, but is given a Miranda warning later at the station and confesses again, the second confession can be used against the suspect. * Undercover police interrogations: There is no Miranda violation if undercover police or informants are used to obtain incriminating statements from a suspect. * Routine booking questions: Miranda warning is unnecessary before booking questions (e.g., name, address, height, weight) since they are not asked for incriminatory purposes. * Public safety exception: Miranda is unnecessary before asking a captured suspect where a dangerous weapon is hidden where there is an immediate danger to the public. * Equivocal requests for counsel: Assertions of the Miranda right to counsel must be direct and unambiguous ("maybe I should talk to a lawyer" is insufficient); otherwise, the interrogation may proceed. As a result, a violation of the Miranda Rule does not always guarantee that the individual's statement will be excluded. The Supreme Court has emphasized that Miranda warnings are not constitutionally guaranteed, but rather exist as an aid in the protection of a person's Fifth Amendment rights. New Jersey Supreme Court Considers if Silence Can be Used against Defendant New Jersey has a slightly expanded right to invoke one's silence; the New Jersey Supreme Court has ruled that the suspect has the right to remain silent not just after their arrest, but "at or near the time of arrest." In November of 2006, the New Jersey Supreme Court in three cases; State v. Michael Tucker, State v. Lawrence Brown, and State v. Ahmed Elkwisni considered whether the defendant's decision to remain silent may be introduced at trial. Defense attorneys argued that allowing the suspect's silence to be introduced at trial could lead to an inference of the suspect's guilt. At this time the New Jersey Supreme Court's ruling on this issue is still pending.
  • Feintuch, Porwich, & Feintuch: "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
  • Lonny Hirsch: You should consult an attorney for individual advice regarding your own situation.
  • Bagolie Friedman:

    DO YOU HAVE A PENDING COURT DATE? NEED SOUND ADVICE?

    • Disorderly & Petty Offenses
    • Driving without Insurance
    • Driving While Intoxicated (DWI) / Driving Under Impairment (DUI)
    • Speeding
    • Revoked or Suspended Driver
    • Neighborhood Disputes
    • Ordinance Violations

    Many of these violations have severe penalties associated with them. In some cases, especially repeat offenses, you may be facing loss of license, high court fines, or incarceration. If you plead guilty, or are found guilty of many of these of these offenses, you may also face costly New Jersey State Insurance Surcharges.

    With most offenses of this magnitude, the judge will advise you of your rights, This is called an arraignment. It is your opportunity to immediately contact our office for advice, direction and assistance with your matter. We can help you understand what you may be facing, dissect your possible defenses, and help you through this trying time. Call BAGOLIE FRIEDMAN Now at 1 (866) 333-3529 to make an appointment.

    For a detailed explanation of the potential consequences of conviction for Driving While Intoxicated in New Jersey, Click the link below.

    http://www.state.nj.us/mvc/cit_violations/d_vp_dui.html

    Traffic Fines, Ponts and Potential Jail Time

    39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance- Fine and 2 years suspension of driver's license $50 Plus DMV points; plus additional car insurance eligibility points.

    39:4-50 Operating under the influence- DWI
    (See chart at www.njlaws.com)
    Plus DMV points; plus additional car insurance eligibility points.

    39:4-50.2 Refusal to undergo breathalyzer test-
    (See chart at www.njlaws.com)

    39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .10% and is under the legal age to purchase alcoholic beverages - Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4-50, or any other law. See DWI fines and penalties at www.njlaws.com.

    39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service

    39:4-51b Possession of open container of alcohol in passenger
    compartment-
    First offense: $200
    Subsequent offense: Fine $250 or 10 days community service

    39 :4-52 Racing on highway-
    First offense $25-$100
    5 DMV points, 5 car insurance points

    39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and violation stays on DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years.

    39:4-81 Failure to obey traffic control device-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points, usually for three years.

    39:4-82 Failure to keep right-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points, usually for three years.

    39:4-82.1 Failure to drive on right-hand roadway-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points, usually for three years.

    39:4-83 Failure to keep to right at intersection-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points, usually for three years.

    39:4-84 Failure to pass to right when proceeding in opposite direction- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

    39:4-85 Failure to pass to left when overtaking-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    4 DMV points and 4 additional car insurance points. Also, Judge/Magistrate an suspend Driver's license.

    39:4-85.1 Wrong way on one-way street-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points, usually for three years.

    39:4-86 Failure to overtake and pass properly-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    4 DMV points and 4 additional car insurance points.

    39:4-87 Failure to give overtaking vehicle right of way-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-88 Failure to drive properly in marked lanes-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-89 Following vehicle too closely-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

    39:4-90 Failure to yield right of way at intersection-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-90.1 Entering or leaving limited access highways improperly- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

    39:4-91 Failure to yield right of way to emergency vehicles- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

    39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200

    39:4-96 Reckless driving-
    First offense: Fine or imprisonment not exceeding 60 days, or both $50-$200 Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100-$500 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

    39:4-97 Careless driving-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-97a Motor vehicle operation causing property damage-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-97.1 Slow speed as to block traffic-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property- First offense: $50-$150 Second offense: $100-$250 Third or subsequent offense: $200-$500 and 4 points

    39:4-98 Speeding-
    Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled

    39:4-115 Failure to make proper turn-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    3 DMV points and 3 additional car insurance points.

    39:4-119 Failure to observe flashing traffic signals-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-122 Failure to obey whistle of police officer-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-123 Failure to make proper turn-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    3 DMV points and 3 additional car insurance points.

    39:4-124 Failure to turn as indicated by buttons or markers at
    intersection-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    3 DMV points and 3 additional car insurance points.

    39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn"
    sign-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    3 DMV points and 3 additional car insurance points.

    39:4-126 Failure to signal before starting, turning or stopping- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 3 additional car insurance points.

    39:4-127 Backing or turning in street-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-127.1 Failure to stop at railroad crossings-
    Fine or imprisonment not exceeding 15 days, or both $50-$200
    2 DMV points and 2 additional car insurance points.

    39:4-127.2 Failure to stop at approaches to movable span bridges- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points

    39:4-128.1 Passing school bus while picking up or discharging- First offense: Fine or imprisonment not exceeding 15 days or 15 days community service, or both $100. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 2 DMV points and 2 additional car insurance points.

    39:4-129(a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $500-$1000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person.

    39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 DMV points and 2 car insurance points

    39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 DMV points and 2 car insurance points

    39:4-130 Failure to report accident-
    $30-$100

    39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 car insurance points

    39:6B-2 Failure to carry motor vehicle insurance coverage- First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300-$1000 Community service can be working at recycling or landfill. Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000 Community service can be working at recycling or landfill.

    N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension

    (a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in
    accordance with the following schedule:

    POINTS ACCUMULATED PERIOD OF SUSPENSION

    12 to 15 points in a period of two years or less; 30 days
    16 to 18 points in a period of two years or less; 60 days
    19 to 21 points in a period of two years or less; 90 days
    22 to 24 points in a period of two years or less; 120 days
    25 to 27 points in a period of two years or less; 150 days
    28 or more points in a period of two years or less; not less than 180 days
    15 to 18 points in a period greater than two years; 30 days
    19 to 22 points in a period greater than two years; 60 days
    23 to 26 points in a period greater than two years; 90 days
    27 to 30 points in a period greater than two years; 120 days
    31 to 35 points in a period greater than two years; 150 days
    36 or more points in a period greater than two years; not less than 180 days
    12 to 14 points in a period greater than two years; 30 days

    (b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement
    course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed
    under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior
    warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.

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