Buzzed v. Drunk Driving: What Is the Difference?
Driving under the influence of alcohol is one of the most common committed crimes in the United States. Drunk driving represents nearly 40 percent of all traffic fatalities, resulting in the death of an innocent victim every 41 minutes. In 2011, more than 1.2 million drivers were arrested for driving under the influence of alcohol […]
Proving a DWI From Toxicology
There were nearly 25,000 Driving While Intoxicated arrests in New Jersey in 2013, according to the state justice department. Police forces in New Jersey have been increasing efforts to further crack down on drunk driving in recent years. When making a stop for suspected drunk driving, police officers rely heavily on breathalyzer and toxicology tests. […]
The Prosecution’s Response to the Defense’s Attack on the Administered Field Sobriety Tests
Most New Jersey drunk driving arrests are made based on how the suspected motorist performed on a particular field sobriety test administered by the law enforcement officer who pulled them over. The majority of field sobriety tests are inaccurate in their analysis of whether a driver is in fact intoxicated with a controlled substance. As […]
Articulable and Reasonable Suspicion Standard in New Jersey
A police officer’s justification for a drunk driving stop is important in the legality of both the stop and the ensuing DUI charges. The United States Constitution protects individuals from, among other things, unreasonable motor vehicle stops. If you were pulled over on suspicion of drunk driving, the police must have a legitimate reason the […]
The Two Types of DUI Stops in New Jersey
Getting pulled over for drunk driving is one of the most dreaded events in a law-abiding citizen’s life. A DUI arrest will impact all aspects of your life and the lives of your loved ones. The best way to defend yourself against a DUI is to never drink and. However, if you find yourself in […]
Can a New Jersey DUI Be Expunged From My Record?
Certain criminal convictions may be expunged from your record under New Jersey law. In other words, if your New Jersey drunk driving attorney is able to successfully expunge the criminal convictions, it will not show up on your criminal record. This is important because a prior criminal conviction may affect your employment opportunities and may […]
The Alcotest Breath Test Machine Soon Shall Be An Afterthought!
Nearly 5 years ago, the State offered the Alcotest 7110 to replace the previous Breathalyzer citing that this “new” Alcotest breath test device is revolutionary (having two technologies running simultaneously to analyze a breath sample namely, IR and EC and equipped with a functioning computer). The Alcotest was put to the test in State v. […]
The Reliability of the Field Sobriety Tests: Romberg Balancing Test
Field sobriety tests are a common method used by law enforcement to determine whether an individual is in fact intoxicated. However, although these tests are routinely used in DUI stops, there have been many studies that demonstrate the unreliability of the majority of these tests, especially the Romberg balancing test. An experienced New Jersey DUI […]
DUI Pretext Stops: Squealing Tires
A police officer with a pretext for a stop that is deemed to be reasonable can stop you and then investigate the possibility of drunk driving even though that was not the officer’s initial reason for pulling you over. However, there are some pretext stops, such as squealing tires, that raise doubt as to whether […]