Common Mistakes New Jersey Drivers Make When Arrested for Drunk Driving
According to the National Highway Traffic Safety Administration (NHTSA), in 2010 over 1.4 million motorists were arrested for driving under the influence of alcohol or narcotics. Motorists in New Jersey, whether residents or from out of state, are no exception to such drunk driving arrest statistics. When arrested, drivers make mistakes that can lead to […]
How To Appeal a New Jersey Drunk Driving Conviction
In 2011, over 1.2 million drivers were arrested for driving under the influence of alcohol, according to the Federal Bureau of Investigation. If you have been arrested for driving while intoxicated (DWI) in New Jersey, you need to take many things into consideration. A DWI conviction is a serious traffic violation that can result in […]
The “Reasonable Suspicion” Standard in a New Jersey Drunk Driving Case
For the New Jersey police to legally stop a driver for drunk driving, they must have a “reasonable suspicion” that the suspected individual violated a New Jersey State Statute. Pulling over a vehicle without meeting this legal standard first can be grounds for the New Jersey DUI defense attorney to successfully dismiss the drunk driving […]
Legal Requirements of Sobriety Checkpoints in New Jersey
One of the many ways the police can arrest you for drunk driving is by using sobriety checkpoints. At a DUI checkpoint, the police will randomly stop certain cars to check whether the driver is under the influence of alcohol or drugs. The U.S. Supreme Court has ruled that sobriety checkpoints are constitutional so long […]
New Jersey DUI Stops Based on a “Tip Call”
The police receive a call from an anonymous “tipster” alerting them of a suspected drunk driver on the road. Can the police legally pull over the New Jersey driver on the suspicion of a DUI based on this anonymous tip? In order for this to be a valid arrest, certain evidentiary and legal requirements must […]
Necessary Information to Provide Your New Jersey Drunk Driving Attorney
You have been arrested for drunk driving and have made the smart decision to hire a New Jersey drunk driving attorney to fight the charges. But your attorney is only as effective and good as the information you provide him. In order for your attorney to put together a strong defense for your DUI case, […]
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 […]
FAILURE TO PROVIDE PROPER BREATH SAMPLE IS A REFUSAL UNDER NJ DWI LAW N.J.S.A. 39:4-50.2.
State of New Jersey v. Aaron P. Schmidt (A-35-10) Argued March 28, 2011 — Decided May 26, 2011 RIVERA-SOTO, J., writing for the Court, opined: Defendant/NJ Motorist was stopped by police and brought to New Jersey Police headquarters to take breath test to determine if motorist was under the influence of alcohol. At the station, […]