Owner Of Gym That Defied Order Opens Up About Drunk Driving

On Wednesday, Atilis Gym owner Ian Smith, far right, opened up about a drunk driving crash that killed a young man in 2007,

BELLMAWR, NJ — The owner of a South Jersey gym that reopened this week in defiance of Gov. Phil Murphy’s stay-at-home order spoke about his 2008 drunk driving conviction Wednesday morning.

Ian Smith, co-owner of Atilis Gym in Bellmawr, took to Instagram to address rumors of his drunk driving conviction that have come about amid the gym’s reopening on Monday and Tuesday. (See video below)

In 2008, Smith was sentenced to more than five years in prison for causing a crash that killed a Galloway teenager, according to nj.com. He ran a stop sign and killed 19-year-old Kevin Ade.

“This is something I’ve been public about my whole life. I’ve never run from it, nor would I ever,” Smith said in the video. “It’s something I accept full responsibility for, and for anybody out there who hates me, I think you are completely justified in doing so.”

Saying he wanted to set the details straight, Smith went on to discuss how he woke up after a night of drinking in his dorm room and got in his car.

“Moments later, I was the sole cause of a motor vehicle accident that took the life of a young man named Kevin,” Smith said. “When I awoke that morning, I didn’t realize there was still alcohol in my system. Being a 20-year-old kid, no one ever explained those dangers. It was always don’t drink and drive, and we didn’t drink and drive.”

He said it didn’t matter, and the end result was still the same.

“My actions caused the death of a young man and broke the hearts of an entire community, and that’s something that they’ll never fully recover from,” Smith said. “There’s nothing that I can do other than try to live a good life and give back and try to promote as much love and positivity in the world as I can.

“That being said, what we have started and what we are doing at Atilis has very little to do with me as an individual. I just happen to be at the front of it. What we’re standing up for is far greater than me and far greater than Atilis Gym.”

He said they are standing up for constitutional rights and small businesses that are struggling all over the world. 

“Some people will look at what I’ve done in the past and never forgive me for it,” Smith said. “But what we’re doing here is far greater than me.” https://news.yahoo.com/owner-nj-gym-defied-murphy-144949955.html

NJ Supreme Court: No sentencing break for driving while suspended

TRENTON – The state Supreme Court has barred a sentencing break for some motorists caught driving on suspended licenses.

In a unanimous decision Tuesday, the high court ruled against “intermittent sentencing” — jail terms served at night or on weekends — for repeat offenders who drive while suspended for a DWI.

The ruling arose from a Camden County case, where five motorists received intermittent sentences totaling 180 days each from Superior Court Judge Frederick Schuck in July 2016.

AND: NJ teacher charged with DUI had more twice legal limit, crashed into pizza and wings shop


(Photo: Getty Images/iStockphoto)

The Camden County Prosecutor’s Office challenged the sentences, arguing a state law required the motorists to be jailed for 180 days without interruption.

SEE:NJ DWI arrests by county

The law makes it a fourth-degree crime to drive “for the second time” during a DWI suspension, or during a suspension for “a second or subsequent DWI.”

An appeals court last year upheld the intermittent sentences, although it also said defendants had to spend “continuous 24-hour periods” in jail to satisfy each day of their 180-day terms.

ALSO: Judge raises questions about thousands of DWI cases in NJ

The 2018 ruling noted the five defendants had pleaded guilty based on Schuck’s promise of an intermittent sentence over the prosecution’s objection.

It said the intermittent sentences, which included probationary terms for three motorists, allowed the defendants to keep their jobs and to address family and health concerns.

The Supreme Court’s decision acknowledged the state’s criminal code allows a “sentence of imprisonment to be served ‘at night or on weekends’ unless the criminal code provides otherwise.”

But it noted the motorists were sentenced under a law that “specifically provides” for a minimum term of “not less than 180 days’ without parole eligibility.

The High Court determined the Legislature had chosen the law’s language “to serve as a bar to release, even intermittently, during the period of parole ineligibility.”

The ruling noted laws with similar language require “fixed periods of parole ineligibility” for the most dangerous offenders. It said intermittent sentences, if allowed for motorists, could be extended to people convicted of the most serious crimes, including gun and drug offenses.

“This is a result the Legislature could not have intended,” said the decision, written by Justice Lee Solomon.

A representative of the prosecutor’s office could not be reached for immediate comment.

The motorists’ sentences have been stayed pending the appeal by the prosecutor’s office.

Tuesday’s ruling noted three defendants — Eric Lowers of Sicklerville, Courtney Swiderski of Atco and Stephen Nolan of Gloucester — will now seek to withdraw their guilty pleas.

A fourth defendant, Elizabeth Colon of Pittsgrove, is to be resentenced.

The fifth motorist, Rene Rodriguez of Pennsauken, opted to serve his 180-day sentence while the case was before the Supreme Court. https://www.app.com/story/news/local/courts/2019/05/21/new-jersey-supreme-court-intermittent-sentence-driving-while-suspended-dwi-schuck/3758498002/

License Back Without An Interlock

I was charged with a DUI in 2012. I went to trial in 2013, I was found NOT-GUILTY by a jury of my own peers. I refuse to jump through the hoops the state of Colorado wants. I was found not guilty, I really need my license back. How can I do this?

After the revocation period is over, you need to file a a form stating that you will not drive in Colorado for the next two years. The two year period does not begin until you file the form.

License Revoked in New York

  • Haven’t had license in years from coming home from war in Iraq I went back to NY got couple DWIs

  • Been 10 yrs
  • 7:27 pm

    Have good job now family and company wants to give company truck but by revoked license 10 yrs ago

    We can get you a license in Colorado.

Colorado License In Spite of Oregon Hold

Hi Jim. I am currently suspended in Oregon for a third DUI offense. The suspension is lifetime here. Can re-apply with the court in ten years. I have not driven since 12/13/16. Can I get a license in Colorado?


Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

When it comes to driving under the influence, the rules for Alcohol-related DUI’s and marijuana DUI’s are far more stringent for drivers with Commercial Driver’s Licenses (CDL) than drivers using a standard license.The legal blood alcohol limit established for drivers over 21 is 0.08. With a CDL, that legal limit is slashed in half to 0.04. The stricter guidelines are the result of several variables including the massive size/weight of most commercial vehicles as well as the presence of hazardous materials.The marijuana DUI laws are also less lenient. Any CDL driver found with even the smallest trace of THC in his/her system are looking at an automatic DUI charge.Find out more about CDL DUI law by watching the video above. Be sure to check out my older blog posts for informative videos about marijuana DUI law, and Busting the Legal Limit Myth.

Source: Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

In Florida, a Fourth Conviction for Driving Under the Influence (DUI) Results in a Permanent Suspension

In Florida, the DUI (driving under the influence of alcohol or drugs) laws come with minimum mandatory penalties for a conviction.  These penalties increase for each successive DUI a person gets.  One benefit of a criminal defense lawyer getting the state to amend a DUI charge to a reckless driving charge is the reckless driving charge does not count as a DUI conviction that increases the minimum penalties if the person gets one or more additional DUI convictions.

One of the minimum penalties that comes with a DUI conviction is a suspension of the person’s driver’s license.  The suspension can be as short as six months for a first DUI conviction or as long as ten years for a third DUI conviction that is within ten years of the prior conviction.  The DMV does allow people to get hardship licenses which permit people to drive to work, school and other necessities, but there may be a period of time before a person can apply for a hardship license depending on the case.

If a person gets a fourth DUI conviction in Florida, that person’s driving privileges will likely be revoked forever.  That is mandated by statute in Florida.  However, not all convictions count.  In a recent DUI case from Jacksonville, Florida, the DMV attempted to permanently revoke a person’s driving privileges based on four prior DUI convictions.  However, it was noted that one of prior DUI convictions was a violation of a city ordinance, rather than a Florida state statute.  The criminal defense attorney appealed the permanent suspension.  The court agreed and held that a DUI conviction that is a violation of a city or municipal ordinance does not count as one of the four prior DUI’s that can result in a permanent driver’s license suspension.  The prior convictions must be violations of state DUI laws.  The conviction at issue was an old DUI conviction that related to an old city ordinance.  However, the DMV can go back as far as they want to count prior DUI convictions.  If a conviction is 40 years old, it can count, as long as it is a state DUI violation.

Additionally, the DMV in Florida can permanently revoke a person’s driver’s license if one or all of the prior DUI convictions are from other states.  The state in which the prior DUI conviction(s) occurred is not relevant.  However, if the DMV is using a prior DUI conviction from another state, it is worth looking into to make sure it is not a city ordinance type of violation.  In fact, all of the prior DUI convictions should be reviewed to make sure they legally count as prior DUI convictions that can result in a lengthy driver’s license suspension, or, in the case of a fourth or more DUI conviction, a permanent license suspension.

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Source: In Florida, a Fourth Conviction for Driving Under the Influence (DUI) Results in a Permanent Suspension But Not All Convictions Count — Jacksonville Criminal Lawyer Blog — May 14, 2017

Illinois License Hold for 4 DUIs

I have 1 DUI in Ca. in 197 3 in Il. 93 95 2007. In Il. I must do treatment and show proof being of being sober for 3 years.Can I get a permit or reinstatement in Colorado if I have a hold in Il. I am moving there soon. can you help what do I need to do. thanks

We can help you.

Top court upholds strict drunk driving rules

ALBANY — The state’s top court has upheld a policy implemented by Gov. Andrew Cuomo’s administration that allows the state Department of Motor Vehicles to permanently revoke driving privileges for repeat drunk drivers.

In a 5-0 decision, the state Court of Appeals upheld Cuomo administration rules, put in place in 2012, that take steps going beyond state law governing relicensing procedures for drivers with multiple DWI convictions.

Under state Vehicle and Traffic Law, a driver’s license can be revoked if he or she has three drunk-driving convictions in the span of four years, or four convictions in eight years.

The administration added new rules permanently revoking the license of those convicted of five or more alcohol- or drug-related driving offenses in his or her lifetime, or three or more convictions plus at least one other serious driving offense (such as a fatal accident) in the past 25 years.

Under the regulations, those with three or four convictions or incidents within 25 years would have their license applications denied for five years beyond the statutory revocation period. Should a new license be issued, the driver’s license would be restricted, limiting him or her to travel to and from, for example, work and medical appointments. The driver would also be required to use an ignition interlock device.


Have you you moved to Colorado but your home state still has a hold on your driver’s license? Whether it’s been revoked, suspended, cancelled or you even have a lifetime ban we can help you get a Colorado driver’s license.

Remember what freedom and control used to feel like? You can have that again and move on with your life. Go to http://colorado-dui.com/parts/driverlicensecompact.html and tell us about your situation or call 303-761-6067. We’re here to help.

Jason Hartman Has anyone ever got it back under your guidance?
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ReplyMessageMarch 8 at 5:42pm


Law Office of Jim Forslund Yes, over 300 people in 15 years.
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ReplyMarch 9 at 5:16am


Jason Self I need to speak with you sir. Please provide contact info or PM me. Moved from Illinois and have a predicament
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ReplyMessageJanuary 16 at 7:45pm


Law Office of Jim Forslund 303-761-6067 open 24 hours a day.
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ReplyJanuary 17 at 4:47am


James Muhsmann Can you help with a suspended license due to unpaid child support?
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March 14 at 7:51pm


Law Office of Jim Forslund Yes, if you have a payment plan with the child support authority.
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ReplyMarch 15 at 4:56am


Eric C Pitzer Let muh people go!
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November 17, 2016 at 12:24pm


Law Office of Jim Forslund I have said this at the hearing office.
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November 18, 2016 at 5:02am


Douglas Dunn Smoke pot and drive is OK then
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ReplyMessageNovember 17, 2016 at 3:31am


Law Office of Jim Forslund You may be entitled to a license hearing in Colorado. Call 303-761-6067.
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ReplyMarch 9 at 5:18am


Matthew Good There is no real info, or link.
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ReplyMessageOctober 17, 2016 at 2:49pm


Law Office of Jim Forslundhttp://colorado-dui.com/parts/driverlicensecompact.html

The Secret To Getting A Colorado Driver License If You’ve Lost Your License in Another State. You have to start off with the Interstate Driver License Compact.
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ReplyRemove PreviewDecember 26, 2016 at 10:21am


Kenny Avila Move back !
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December 22, 2016 at 7:20am


Robert Martinez That’s rediculous
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October 22, 2016 at 8:01pm


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ReplyMessageNovember 10, 2016 at 7:46pm


Jason Towner Hey Ian Leslie, maybe these guys can help ya…..
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Trey Lopez I need that!!!
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Darryl B Heart Yeoman Bearpen share with alan
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Darrell Speights Thanks Daryl. I pass it on.
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ReplyMessageOctober 29, 2016 at 9:32pm