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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
- Allenhurst
- Atlantic City
- J. David
Alcantara:
In New Jersey, persons found guilty of operating a motor vehicle while
under the influence of alcohol or drugs are subject to stiff
financial penalties, fines and sometimes even incarceration.
- Barrington
- Puff &
Associates
- Basking Ridge
- D'Alessandro &
D'Alessandro:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI/DWI charges will result in fines and possibly land you in jail.
In addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced attorney can make all the difference in such a
difficult case.
- Bayville
- Di Stefano, Brian:
Risks Related to Drunk Driving Charges
* 1st Offense: Suspension of your driver's license for 90 days up to 1 year.
* 2nd Offense: Potential jail time, 2 year loss of license, and community service.
* 3rd Offense: 10 year loss of driver's license, up to 180 days in jail, and high fines.
- Belmar
- Berlin
- Maressa, Goldstein, Patterson & Drinkwater:
You should consult an attorney for individual advice regarding your own situation.
- Bernardsville
- Klaiman & Carney:
If you have been charged with a traffic violation, DUI or DWI in New
Jersey, it is important to be represented by an attorney who will
provide personal and effective representation.
- Bloomfield
- Bradley Beach
- Keith, Winters & Wenning:
Any criminal offense or traffic violation may result in serious penalties and personal ramifications for you and your family. A skilled and experienced criminal defense attorney will aggressively challenge the evidence and work diligently to minimize the impact on your life.
- Brick
- Bridgewater
- Budd Lake
- Robert Scirocco:
Police are now utilizing a new form of alcohol breath test, known as an
"Alcotest." This device is supposedly an improvement over the old
testing device, but we have found that it may in fact be reporting
erroneous readings. The N.J. Supreme Court has accordingly entered an
order "staying," or holding in abeyance, all sentences of individuals
found guilty of DWI as a result of being compelled to submit to this
device. The reliability of the new test will be determined by the
courts in the near future.
- Burlington
- Stringfellow, Joseph:
Penalties for a conviction depend on whether it is a first, second, or later offense, and whether your blood alcohol content measured .08-.10% or was .10% or greater at the time of your arrest or traffic stop. The range of penalties is listed below:
Mandatory jail time of up to 6 months
Fine of $250-$1000
Insurance surcharges of $1000-$1500 for 3 years
Intoxicated Driver Resource Center (IDRC) fees
Community service
License suspension/revocation for 3 months to 3 years
Possible requirement to use an ignition interlock device for 1-3 years. The device prevents your car from starting until you pass a breath test at less than .05 BAC.
Other fines and costs:
$200.00 DWI Enforcement Fund
$50.00 Violent Crime Compensation Board Fund
$75.00 Safe Neighborhood Fund
$200.00 NJ MVC Restoration Charge
$150.00 Fees for out-patient counseling as referred by the IDRC
Up to $33.00 in Court Costs
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Is there any way to challenge my DWI charge?
Yes, there are many ways to challenge your DWI charge. The traffic stop must be supported by reasonable suspicion. The police officers must have probable cause to believe that you are intoxicated to conduct the field sobriety tests and breathalyzer test. The field sobriety tests can be challenged. The breathalyzer test can be challenged, for example, based on the breath test operator being unlicensed or the breathalyzer machine malfunctioning. These are just a few of the tactics to contest DWI charges.
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What happens if I am under 21 of age and charged with DWI?
The law in New Jersey concerning underage DWI, DUI & Refusal charges is set forth at N.J.S.A. 39:4-50.14 and applies a zero tolerance policy as it relates to underage drinking and driving. In other words, the statute makes it illegal for a person under the age of twenty-one (21) to have any alcohol in their system while operating a motor vehicle.
However, the monetary penalties and suspension period for underage driving while intoxicated are less severe than what would otherwise be the case with respect to someone facing a normal DWI, DUI or Refusal charge. In this regard, an underage drinking and driving conviction in New Jersey can involve the following
As little as thirty (30) days license suspension whereas the minimum suspension for an adult DWI or DUI would be ninety (90).
It is, therefore, important that counsel make sure that the case is properly defended and that, if a conviction does occur, that it is for underage drinking and driving rather than a normal DWI, DUI or Refusal.
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What happens if I am not a New Jersey driver and I am charged with DWI?
If an out of state driver is convicted in New Jersey of driving while intoxicated, driving under the influence or refusal to take the breathalyzer, they are subject to New Jersey's penalties for conviction.
However, all that New Jersey can do in terms of license suspension is to revoke an out of state driver's right to operate a motor vehicle within New Jersey. The Courts of New Jersey have no authority to decide what, if anything, shall happen in terms of the person's license to drive in their home state or, for that matter, outside of New Jersey. The impact, if any, which a New Jersey conviction for DWI, DUI or Refusal shall have on a person with respect to licensing in their home state, is left to the Division of Motor Vehicles of the individual's home state.
- Camden
- Cherry Hill
- Cinnamonsin, Clifton, Collingswood, Cranbury
- Dunellen:
- Michael Nichnowitz:
Traffic tickets can have serious consequences. If convicted:
* You may have to pay substantial fines.
* You may have MVC points placed on your driving record or receive insurance eligibility points by your carrier or both.
* Your insurance cost may increase drastically or you could even be dropped by your insurance carrier.
* You could face jail or community service on more serious offenses
- East Brunswick
- East Orange
- Stephen Brown:
The Sixth Amendment to the United States Constitution provides that a person has the right to the assistance of counsel when he or she is accused of a criminal offense. This right applies to the states under the Due Process Clause of the Fourteenth Amendment to the Constitution. Most states have also enacted provisions in their constitutions that provide a person with the right to the assistance of counsel.
- East Windsor
- Eatontown
- Edison
- Elizabeth
- Englewood
- Englewood Cliff
- Fairfield
- Patrick Caserta:
In 2001, more than 1.4 million drivers were arrested for driving under
the influence of alcohol or narcotics. Police and highway patrol
officers are cracking down on drunk drivers with increasing frequency
as a result of influence from groups like MADD and public outcries in
general. If you find yourself at the center of this crackdown, you need
an experienced drunk driving attorney to represent your interests and
work toward the least restrictive outcome possible.
- Fair Haven, Fairlawn, Fort Lee, Freehold, Gibbsboro, Green Brook, Hamilton
- Freehold
- Flemington
- Deni, William:
A local or state traffic offense or DWI arrest in New Jersey can abruptly change your life.
- Garfield
- Joseph Conte:
Traffic violations such as: speeding, driving while intoxicated (DWI),
driving under the influence (DUI), driving while suspended, reckless
driving, and leaving the scene of an accident, all can result in DMV
points, possible license suspensions and higher insurance rates.
Depending on the nature of the violation, you may be fined, referred to
a special program, or could even be sent to jail for more serious
offenses.
- Gloucester City
- Charles Wigginton:
A conviction for a simple speeding ticket, careless driving ticket,
improper u-turn or lane change, or any other violation, may subject you
to thousands of dollars in New Jersey state surcharges and insurance
company surcharges.
An experienced attorney representing you in municipal court may be able
to get your charges reduced to non-moving and/or non-point violations,
which could save you thousands of dollars.
- Hackensack
- Haddonfield, Haddon Heights
- Hainesport
- Sitzler & Sitzler:
A DUI suspension or license suspension resulting from drunk-driving charges can affect your ability to work or care for yourself or family. At Sitzler & Sitzler, our attorneys are experienced in helping individuals facing driving under the influence (DUI) or driving while intoxicated (DWI) charges, as well as those who have lost their driving privileges prior to any hearing, assert their rights in administrative proceedings to restore driving privileges.
- Hamilton
- Hammonton
- Joseph Lombardo:
If you have been issued a traffic summons, arrested or charged with a
matter involving a motor vehicle, you may loose your driving
privileges, pay significant fines, surcharges, and sent to the county
jail. Even a simply speeding violation may end up costing you thousands
of dollars for insurance surcharges.
- Harrison
- DaSilva & Pinho:
To convict a person of driving while intoxicated the State must prove
beyond a reasonable
doubt that the person operated or intended to operate a motor
vehicle, which was operable
while (a) under the influence of intoxicating liquor or under
the influence of a narcotic,
hallucinogenic, or habit producing drug, or (b) with an alcohol
concentration of .10 % in the
person's blood or breath.
- Hazlet
- Iselin
- Jersey City
- Lakehurst
- Widman Cooney:
"Driving While
Intoxicated" and other criminal drug
laws have been made
tougher. It's vital that an attorney
review your case before
you make a decision that may seriously
affect your future.
- Lakewood
- Rothstein, Mandell, Strohm & Must:
Short-term penalties for a drunk driving conviction include fines, possible jail time, driver's license suspension and alcohol classes. For three years after your conviction you will be subjected to high-risk auto insurance, resulting in thousands of dollars of additional insurance costs. A drunk driving conviction can also affect your employment.
- Lambertville
- Jefferey Weinstein:
Driving While Intoxicated.
The operation of your vehicle under the influence of alcohol or other
substances, which affect your driving ability, has serious consequences
to you and is vigorously enforced by law enforcement and the courts.
A violation of this section of the Motor Vehicle Code has numerous, and
often times long-term consequences if you are convicted for these type
offenses. The consequences if found guilty may include: suspension of
your driving privileges for a minimum of three (3) months
- Lavallette
- Fennessey, James:
Many people feel that they can handle violations such as criminal, DWI/DUI or other traffic offenses in New Jersey on their own, and sometimes the consequences later affect them in ways that they had not imagined. Even ÒminorÓ traffic convictions can negatively impact your driverÕs license an insurance rates.
- Lawrenceville
- Stark & Stark:
No one ever anticipates being charged with a criminal offense or being ticketed by a police officer. People from all walks of life may have contact with either the Criminal Justice System or the Municipal Court System at some point in their life. Parents may have contact with the Criminal Justice System as a result of their child, while others may be charged mistakenly or as a result of a false allegation. Whatever the reason, it is critical during these most difficult times that our clients be represented by experienced criminal lawyers to ensure their rights are protected and that they are treated fairly by the Courts.
- Little Silver
- Linwood
- Shreiber, Michael:
Why Should You Use a Certified Civil or Criminal Attorney?
How do you choose the best attorney for your needs?
ItÕs confusing trying to choose a trial attorney. You may have never needed a trial attorney before, so you ask a friend to refer you to someone or look in the Yellow Pages where hundreds or even thousands of attorneys are listed. But how do you choose one attorney to handle your particular legal problem?
Finding the right attorney is to your benefit and to the attorneyÕs as well. That is why the Supreme Court of New Jersey has directed the Board on Trial Attorney Certification to carry out the certification program in an effort to raise the level of competence of trial attorneys in this state. This program is designed to help you make an informed decision when seeking and selecting a trial lawyer.
- Livingston
- Greggory Marootian:
A conviction for DWI generally results in the imposition of nine (9)
"insurance surcharge points." The effect on insurance
rates varies with each insurance carrier; however, you can expect your
rates to rise dramatically. Since New Jersey
Law allows insurance carriers to refuse further coverage for you upon the
accumulation of 9 insurance surcharge points,
most insurance carriers will cancel your coverage and you will be forced
to obtain coverage through the "assigned risk"
plan in New Jersey which has extremely high rates.
- Lodi:
- Long Beach Township
- Andrea Rinaldi:
f you have been charged with driving while intoxicated (DWI) or driving under the influence (DUI), you have two legal problems rolled into one: potential jail time and criminal punishment and the loss of your driving privileges.
AÊDWI or DUI charge is a serious matter, and you need a tough criminal defense lawyer to fight your charges by taking a hard look at the evidence against you, including how your breath test was conducted and its result.
- Madison
- Chiarolanza & DeAngelis:
If you are accused of committing a crime or of DWI/DUI, the state will use all its resources to prosecute and punish you. To protect your rights, your property and your freedom you need to act quickly. An experienced criminal defense lawyer can help level the playing field and increase your chances of prevailing.
- Manalapan
- James
Kane:
Today, polititions and special interest groups, such as MADD, have
made the motorvehicle offense of driving while intoxicated equal in
severity to a crime. The penalties are severe, and the defense of DWI
charges has become a specialty. Not only are the DWI laws confusing
and unfair, most defenses are no longer available. You need a law firm
with the expertise, and experience, to defend you regarding the most
serious of motor vehicle offenses.
- Manasquan
- Hagan, Sean:
* DUI and other alcohol-related motor-vehicle offenses
* Traffic violations such as driving on a suspended license, reckless driving, careless driving, speeding and other moving violations
* Disorderly conduct or disorderly persons charges
* Simple assault cases
* Property crimes such as shoplifting, theft, or vandalism
* Minor drug offenses involving simple possession of controlled substances
In New Jersey's Municipal Courts, there is no jury, and experience with the various venues can represent a significant advantage to a criminal defendant. A Òsimple ticketÓ could cost you significant monies from fines, surcharges and insurance rate increases and a loss of license or prison time.
- Marmora
- April, Maudsley &
Goloff:
What are the penalties for DWI ?
Tremendous. For a first time offender the
minimum penalty is $507.00 in fines and costs, $3,000.00 insurance
surcharges, a six month loss of
license and twelve hours in the "IDRC",
Intoxicated Driver's Resource Center.
- Middlesex-Somerset
- Mitchell
Ignatoff:
The cases (DWI) are "criminal " cases. They are tried in the
municipal courts, which are criminal courts. Criminal rules apply to
discovery, burdens of proof, motions, and trial. You need an experienced
attorney, one who is not only familiar with the field sobriety test and
the operation of the Breathalyzer, but one who is experienced at criminal
defense. As a certified criminal trail attorney who has tried these cases,
I fit the bill!
- Milburn
- Shackelton & Hazeltine:
DUI / DWI If you are facing drunk driving or drug charges, you need an experienced criminal defense attorney making sure your constitutional rights are protected.
- Montclair
- Furst & Cintron:
If you are a suspect in a crime, were arrested for a crime, or have been charged with one, it is important to consult an attorney. A conviction can result in a criminal record, substantial fines and incarceration.
- Moorestown
- Barron, Baker & Posternock:
Under New Jersey law, a person who operates a motor vehicle, or permits another person to operate a motor vehicle owned by him with a blood alcohol concentration of 0.10 percent or more by weight of alcohol in the operator's blood is subject to a fine or imprisonment and to the forfeiture of his right to operate a motor vehicle.
- Morristown
- Greggory M. Marootian:
There is simply no way of placing numerical odds of success on any
case; including a DWI charge. Further, it is clear that New
Jersey's firm public policy stance against DWI makes the defense of
this charge a challenge even for an experienced, competent and
aggressive defense counsel. The only guarantee any qualified,
ethical and competent attorney can offer is to aggressively prepare
your case, and carefully and thoroughly look for available defenses.
- Mount Holly
- Newark
- New Brunswick
- North Arlington
- Howard Egenberg:
The consequences of a criminal conviction can be devastating. These charges must be vigorously defended.
- North Brunswick
- Simon & Lupo:
Being charged with a municipal court offense requires an experienced attorney.
- Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C.:
Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI or DWI charges will result in fines, the revocation or suspension of your driver's license, and possible jail time. A conviction on even minor moving violations may cause your insurance company to increase your rates to an unmanageable level and may result in the imposition of surcharges by the Motor Vehicle Commission for an additional 3 years. In defending against municipal court charges, you have many rights, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced defense attorney can make all the difference in such difficult cases.
- Northfield
- North Wildwood
- Oakhurst
- Ocean
- Ocean City
- 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.
- Parsippany
- Hoberman, Resch, DiPiazza & Driscoll, P.C:
Drunk driving is classified as operating a vehicle under the
influence of alcohol, controlled substance, medication, or
prescription that impairs the driver's ability to operate the
vehicle.
- 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.
- Red Bank
- Ridgewood
- Cassell, Susan:
Although municipal violations are less serious than indictable felonies, both adults and young people can face serious, long-term consequences from municipal convictions. Many employers will not hire someone with a record, including crimes such as DWI. A drug conviction makes a person ineligible for federal financial aid.
In these cases, there is more at stake than you may realize. It is imperative to have an experienced criminal defense attorney to protect your rights and lessen the impact of the charges on your future.
- Lawrence Simon:
Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI or DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
- 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?
- Roseland
- Bret Steig:
Facing a judge in municipal court on your own can be a jarring, if not nerve-rattling experience. Whether you face charges or violations of municipal housing codes or building codes, it can be difficult to obtain a minimum sentence on your own.
- 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.
- 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.
- Spring Lake
- Teaneck
- Toms River
- Trenton
- Union City
- Unknown
- Verona
- Breslow, Roy:
Sooner or later almost everyone needs a lawyer. Many people only think of seeing a lawyer after they get into trouble. But the best time to consult an attorney is before, not after you have a legal problem. Early consultation with our firm could prevent serious problems later on.
- Voorhees
- Wayne
- Wisotsky & Rosenberg:
All lawyers involved in the criminal justice process, whether they are prosecuting or defending, must adhere to a complex set of rules of criminal procedure to ensure a fair trial. Because of this complicated procedure, only lawyers experienced in criminal defense law can effectively navigate the intricacies of the criminal justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before police interrogation begins. The police have the obligation to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have seen these warnings-often called "Miranda" warnings based on the case that made them mandatory-in television "cop" shows and crime dramas.
- 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 New York
- Ortiz & Paster:
It is important that you preserve your rights while protecting your reputation, regardless of the offense.
- West Orange
- 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
- Barry Corrado Grassi & Gibson:
Possible Punishments
In New Jersey, driving while intoxicated (DWI) charges and other traffic offenses are handled in municipal court, which involves no jury trial. Technically, matters handled in municipal court are not criminal offenses, but still result in significant punishments:
A 3rd offense carries mandatory jail time
A 2nd conviction means an interlock device will be installed in your car that does not allow you to drive unless you breathe into the device and pass a sobriety test
For a 1st offense, it depends on your blood alcohol concentration (BAC) at the time of the arrest. A .08 to .10 BAC can result in a 3-6 month license suspension. A BAC above .10 results in an automatic license revocation.
Other consequences may depend on your home state. Most often, a major consequence is a drastic increase in your car insurance rates. Regardless of where you live, the DWI attorneys of our South Jersey firm can work with many different laws and will work hard to help you get the best possible resolution.
- 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
- Halbfish, Michael:
There are many challenges that can be made when you are charged with drunk driving . The law requires the State to prove that you were not capable of safe driving. The law places many requirements upon the State before a person can be convicted. When challenged, the State must prove that the arresting officer made the arrest properly, any field sobriety tests performed were properly administered and scored properly, the equipment used to perform tests was properly calibrated and in good working order, and that the equipment operator was properly certified to use the equipment. These challenges are just starting points of a comprehensive defense plan.
- Wilentz, Goldman & Spitzer:
DWI video
- 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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