Refusal to submit to a chemical breath test, what is required for a conviction?
A person operating a motor vehicle in the State of New Jersey is required, upon police officer demand, to submit to a chemical breath test. In the State of New Jersey most precincts conduct chemical breath tests for alcohol via Alcotest 7110 (which is manufactured by Drager). Notwithstanding, there are legal protections provided to New Jersey motorist before he/she is required to submit […]
Driving under the influence (DWI) in a school zone discussed
Driving under the influence of alcohol in a school zone carries additional penalties for violating N.J.S.A 39:4-50 (DWI). The offense states in pertinent part: (g) When a violation of this section occurs while: (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or […]
Does a motorist incur State surcharges if convicted of DWI/DUI?
If a motorist in the State of New Jersey is convicted of DWI, does he/she incur State surcharges? The answer is an overwhelmingly, YES. In fact, the surcharges imposed by the State, via New Jersey Motor Vehicle Commission (MVC), are substantial! The imposition of surcharges for traffic violations such as DWI are governed by N.J.S.A. 17:29A-35. The aforementioned New Jersey statute states, in pertinent […]
Do you have to be actually driving to be convicted of a DWI?
My clients have repeadelty asked the question on “whether or not you have to be actually driving to be convicted of a DWI?” There is no easy answer to this question because according to the New Jersey Supreme Court the actual test is whether or not the defendant/motorist charged with DWI in violation of N.J.S.A. […]
If convicted for DWI, can you obtain a conditional driver’s license in order to drive to work or school?
In the State of New Jersey if a motorist is convicted or pleads guilty to driving under the influence of alcohol in violation of NJSA 39:4-50 the Judge is required to automatically suspended that motorist driver’s privileges to operate any type of vehicle in the State of New Jersey. The length of suspension depends on the degree […]
Trial techniques on succussfully excluding blood results on DWI case
In New Jersey if you are involved in an automobile accident that results in injures and possible drunk driving. The police, whether local or state, will have you transported to a local hospital for medical attention AND to take samples of your blood to determine (alcohol blood levels). There are many ways to dispute the […]
DUI: Traffic Stops
There are a plethora of explanations as to why a police officer might conduct a motor vehicle stop; however, there are certain reasons that regularly come up when looking at enforcement DUI stops that end up in DUI charges. Any will tell you that it is important for you to know your rights with respect […]
If initial consent to giving a breath test and an inadequate breath test is given=refusal?
If a motorist is apprehended for suspicion of drinking and driving does that motorist have to submit to a breath test. The simple answer is “yes” (for most situations but not ALL). According to New Jersey law under NJSA 39:4-50.2(e), the police are required to read to dwi defendant a standard statement (also known as […]
How Can a DWI Attorney help you in fighting DWI Charges?
If you have been arrested for driving while intoxicated, do not despair. It may be possible for a New Jersey DWI attorney do help you contest the arrest and prevent you from going to jail. After you contact a New Jersey DWI attorney, you will have an initial interview with him, during which the attorney […]