DWI Law and Legislation

January 29, 2021

Court Explains Operation of a Vehicle in the Context of New Jersey DWI Charges

It is not uncommon for people to spend time in their cars for purposes other than driving. While generally, sitting in a parked vehicle is not notable, a person sitting in the driver’s seat of a car while intoxicated is deemed to be in operation of the vehicle and it can lead to DWI charges. What constitutes operation of a vehicle was the topic of a recent New Jersey ruling in a case in which the defendant appealed his conviction for a first time DWI offense. If you are charged with a DUI offense, it is prudent to meet with a capable New Jersey DWI defense attorney.

The Alleged Crime

It is reported that a woman noticed the defendant’s car parked by the entrance to the parking lot for her complex. The defendant was sitting in the driver’s seat and was slumped over. The woman observed that the car was still there approximately twenty minutes later and called the police. She then saw the defendant get out of the car and urinate in the bushes, and then notice the car moved.

Allegedly, police dispatched to the scene conducted field sobriety tests, which the defendant failed. He was transported to the police station and charged with DWI. He was convicted following a trial. He appealed, arguing the state failed to show that he was in operation of his car at the time of the alleged crime. On appeal, the appellate court affirmed his conviction. Continue reading

September 26, 2019

New Jersey Police Officer Charged with DWI after Hit and Run Crash

by Jonathan F. Marshall

New Jersey takes a tough stance against anyone convicted of driving while intoxicated (DWI). If you were apprehended for a DWI, our accomplished New Jersey drunk driving lawyers are here to protect your rights. We will conduct a thorough investigation into the criminal allegations against you and devise an aggressive defense strategy accordingly. We know how to identify any procedural errors or constitutional violations that may have taken place in your situation.

Under state law, you could face DWI charges for getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. The legal limit is lower for minors and commercial drivers. You should also know that driving while impaired by any kind of drugs can also lead to a DWI charge.

A New Jersey police sergeant was charged with a DWI last month after he crashed into a motorcyclist in upstate New York and then fled the scene. New York State Police said they responded to a call just after 9pm and found the 49-year-old Canadian motorcyclist lying in a ditch with a broken leg. While the New Jersey police officer drove away, the front license plate of his Mercedes-Benz had fallen off where the crash had occurred. State troopers located the cop a few miles down the road, sitting in his car, which had significant damage and had broken down. According to the New York troopers, the New Jersey officer was visibly drunk and refused a breathalyzer test. He was charged with assault by auto, leaving the scene of an accident with an injury, and drunk driving.

September 12, 2019

New Jersey Cracks Down on DWI Laws

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense that can have negative effects on virtually every aspect of your life. If you have been arrested or charged with a DWI, our New Jersey DWI attorneys have the experience and skills to represent you. We will thoroughly review your situation and use our knowledge to challenge the charges against you. Our goal is to help you avoid the most serious penalties and expenses that accompany a DWI.

In New Jersey, you can be arrested and charged for driving while intoxicated if you are found operating a motor vehicle under the influence of alcohol or drugs. When it comes to alcohol, if your blood alcohol concentration (BAC) is 0.08 percent or above, then you can be on the hook for a DWI. You can even be charged and convicted of a DWI if your BAC is less than 0.08 percent but your ability to drive safely is compromised.

Individuals caught drunk driving will face different penalties to what they did before. Governor Phil Murphy signed a bill into law in August, 2019 that cracks down on drunk driving in New Jersey while also allowing more offenders to hold on to their licenses. The new law reduces the amount of time an individual caught driving under the influence in in the state will lose their license. In exchange for driving privileges, however, the offender will be required to an install ignition interlock device (IID). The IID is a device, which an offender must pay to have installed, that identifies alcohol from a driver’s breath sample. If alcohol is discovered, the vehicle will not start. The measure is designed to curb repeat offenses while still permitting people to continue working and earn a living.

September 5, 2019

Almost Half of E-Scooter Accidents Involve Alcohol

by Jonathan F. Marshall

Driving under the influence is a huge problem in New Jersey and throughout the country. However, police can sometimes be overzealous in charging individuals who may not be guilty. If you’ve been arrested for impaired driving, getting legal advice is vital. Our New Jersey driving while intoxicated (DWI) legal advocates have the experience and expertise to help ease your mind and protect your future. We are dedicated to delivering a solid defense on your behalf so that you can put this incident behind you and move on with your life.

According to a new study published in Trauma Surgery & Acute Care Open, almost 40 percent of individuals who were tested for alcohol after e-scooter mishaps had a blood alcohol concentration (BAC) over the lawful driving limit. Specifically, of the 103 patients treated at three different trauma clinics for e-scooter related injuries, 79 percent were tested for alcohol and 48 percent of those people had a BAC of over 0.08 percent. In addition, sixty percent of the 103 patients in the report were assessed for drugs, and 52 percent of those individuals tested positive.

Recognizing the dangers of alcohol use and e-scooters, New Jersey passed a bill earlier this year that regulated scooters like bicycles, which means people can ride them on streets, highways and bicycle paths. In addition, if you operate a scooter while intoxicated, you could face DWI charges.

August 28, 2019

Cranford Drunk Driver Had Open Container in Car

by Jonathan F. Marshall

New Jersey, like the vast majority of states, has an open container law prohibiting an open or unsealed alcohol beverage container in a motor vehicle. You are most likely to face an open container in a vehicle charge in connection with a driving while intoxicated (DWI) charge. If you or someone close to you was charged with any offense related to drunk driving, we are here to assist you. You can take comfort in knowing that we will provide you with a reliable and robust legal defense concerning your charges. You can trust that we will advocate on behalf of your best interests each step of the way.

A 27-year old man was arrested and charged with a DWI after driving erratically, according to the Cranford Police Department. Police stopped the vehicle for erratic driving but, following an investigation, the driver was arrested for drunk driving. The man was also issued a motor vehicle summonses for, among other things, open container and careless driving.

In New Jersey, an individual commits a DWI if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. BAC indicates the amount of alcohol in your blood. While 0.08 percent is the official legal limit, you can be guilty of drunk driving even if your BAC is lower than this amount but your ability to drive has been impaired. This is because drinking even seemingly insignificant amounts of alcohol can reduce reaction time and interfere with a person’s ability to drive safely.

July 25, 2019

Advocates for Highway and Auto Safety Push for Mandatory Ignition Interlock Devices for All DWI Offenders

by Jonathan F. Marshall

DWI cases are complex and can impact virtually every aspect of your life. If you have been arrested for DWI, you need to find competent and reliable legal representation immediately. Our New Jersey drunk driving advocates have extensive experience handling and protecting the rights of clients, and we can help you obtain the best possible outcome under the circumstances of your case.

Advocates for Highway and Auto Safety is an alliance of consumer, medical, public health and safety groups, insurance companies and agents working together to make roads across the country safer. The group is now urging the Governor of New Jersey to sign into law Senate Bill 824 (the “Bill”) – legislation that would require ignition interlock devices (IID) for all convicted drunk drivers. The Bill is designed to crack down on first-time offenders with a BAC of 0.08 percent or higher, requiring these offenders to get an interlock device for a period of at least 30 days. Currently, first-time offenders whose BAC is between 0.08 percent to 0.14 percent simply get their license suspended, which supporters of the new law say is not a harsh enough deterrent. If the Bill is signed into law, New Jersey will become the thirty-fourth state in the nation with an all-offender ignition interlock law.

Under New Jersey law, you will be charged with a DWI if your blood alcohol concentration (BAC) is 0.08 percent or higher. You should note that you can be prosecuted for drunk driving even if your BAC is below 0.08 percent if you were unfit to operate a motor vehicle as a result of alcohol consumption. New Jersey has a “zero-tolerance” policy for underage drivers. As such, for individuals under the age of 21, the legal limit is 0.01 percent. For those with commercial driver’s licenses, the legal limit is 0.04 percent.
Continue reading

July 4, 2019

Sobriety Checkpoints set up around the Fourth of July in New Jersey

by Jonathan F. Marshall

Driving while intoxicated (DWI) tends to spike around certain holidays and the Fourth of July is one of them. To deter drunk driving, police departments often set up checkpoints to catch intoxicated drivers. If you have been arrested for a DWI at a checkpoint, it is crucial to contact a New Jersey DWI attorney who can defend you. At our firm, we understand how overzealous police officers can be in charging people with a DWI, especially on a holiday like Independence Day when they actively look for drunk drivers. We will investigate the legality of the checkpoint and examine your case for any procedural errors made by police that could be used in your defense.

As the Fourth of July holiday approaches, police departments across New Jersey have planned sobriety checkpoints in hopes to discourage the public from getting behind the wheel while intoxicated. Unfortunately, deadly accidents tend to spike on Independence Day. In fact, the Insurance Institute for Highway Safety has found that the Fourth of July is the most dangerous day to be on the road and alcohol plays a large part in that. Not only can alcohol lead to deadly wrecks between cars, alcohol can also be a factor in pedestrian deaths. Even when it is not a major holiday, drunk driving is a major problem in the United States. Data from the National Highway Safety Administration reveals that 10, 874 people were killed in alcohol-related accidents across the country in 2017. Of the 624 traffic deaths that took place in New Jersey, about 125 of them were a result of the involvement of alcohol.

While DWI checkpoints are prohibited in some states, New Jersey is not one of them. However, in order for a checkpoint to be legal, certain criteria must be met. In other words, the police are not permitted to make a roadblock wherever they want and whenever they feel like it. Rather, the check point must be temporary and set up at a specified location, date and time; a supervisory authority must have established the checkpoint; the public must be given prior notice about the checkpoint; the checkpoint must have been created in the interest of public safety or law enforcement goals; and the procedures used at the checkpoint must be specific and neutral.

June 26, 2019

Woman who crashed into Pizza Restaurant in Camden County Charged with DWI

by Jonathan F. Marshall

Drunk driving charges can impact virtually every aspect of your existence. If you’ve been arrested for driving while intoxicated (DWI), you need to call a New Jersey DWI attorney immediately. While an arrest for DWI can seriously interfere with your life, a DWI conviction can be even worse. You may lose your driver’s license, be required to pay substantial fines and you can even face jail time. Because the stakes are so high, DWI charges should never be taken lightly. With extensive understanding of the state’s drunk driving laws, you can take comfort in knowing that we will provide an aggressive defense in your case.

A 34-year-old New Jersey teacher was charged with a DWI after crashing her car into a pizza shop in Camden County last month. Footage of the incident shows the woman barreling her car into the front of the store. The accident destroyed much of the store and left three employees inside the restaurant with minor injuries, according to the prosecutor’s office. The driver was taken to the hospital by authorities where she consented to a blood draw. Her blood alcohol concentration (BAC) was determined to be .195, more than twice the legal limit. The pizza restaurant is now closed until further notice.

As in other states, a person in the state of New Jersey can be charged with a DWI if he or she exceeds the legal intoxication limit. Under state law, a driver who is found to be operating a motor vehicle with a BAC 0.08 percent of higher can be held liable for a DWI. You should be aware, however, that a DWI charge is not limited to alcohol consumption. Any substance that reduces a driver’s reaction time or hinders a person’s ability to drive safely can lead to a DWI as well. This includes mind-altering substances such as marijuana, and other illegal drugs, as well as over the counter or even prescription drugs.

April 22, 2019

New Jersey DWI Charge or Conviction Could Lead to Deportation of Undocumented Immigrants

by Jonathan F. Marshall

Immigration is and has been a hot button issue for some time. When an undocumented immigrant or a foreigner gets arrested for driving while intoxicated (DWI), the consequences can be dire. In fact, a DWI stop, arrest or conviction for an undocumented immigrant could result in deportation. If you have been arrested for a DWI, whether you are an undocumented immigrant or are in the US on a visa, you need to consult a seasoned New Jersey DWI attorney without delay.

The federal office of Immigration and Customs Enforcement (ICE) conducted targeted raids in tens of New Jersey municipalities last month, targeting undocumented immigrants who had recently been arrested for drunk driving. In total, 123 people suspected of being in the country illegally were picked up and detained. The vast majority of those individuals had either been arrested for or convicted of DWI. These raids took place in towns all across New Jersey.

The Trump Administration has drastically increased the type of crimes that are punishable by deportation. In fact, even a single, one-time DWI charge can make someone eligible to be picked up by ICE and have deportation proceedings begin against them. If the DWI involves an accident or a death, the likelihood of ICE intervention increases significantly. Under the previous administration, a DWI charge or conviction, in many cases, was not considered serious enough for removal.

February 25, 2019

How an Out-of-State DWI Conviction Affect’s Your New Jersey Driver’s License

by Jonathan F. Marshall

A DWI charge can have devastating consequences for a person’s life. If you were arrested for a DWI in New Jersey or convicted in another state, the legal process can be very confusing. This is why it is important to reach out to a seasoned New Jersey DWI attorney to understand your legal rights and options. Our firm has handled virtually all types of DWI cases and can provide an aggressive defense on your behalf.

New Jersey DWIs

In New Jersey, the basic offense of a DWI consists of operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. A first-DWI offense in New Jersey includes a three-month suspension. If a first-time DWI defendant has a BAC of at least 0.10 percent, then the law mandates a seven-month suspension. If a person is convicted of a DWI for a second time, the offense carries a two-year license suspension irrespective of the BAC. If a person is convicted of a DWI for a third or subsequent time, the period of license suspension is ten years.

Consequences of an Out-of-state DWI

As mentioned above, one consequence of a DWI conviction in the state of New Jersey is mandatory driver’s license suspension. Even in cases when you have been convicted of a DUI/DWI in another state, you may lose your driving privileges in New Jersey. New Jersey is part of the Driver License Compact – an interstate compact that permits states to exchange information about license suspensions and traffic violations of any non-residents. In order for an out-of-state conviction to count as a prior conviction in New Jersey, the other state’s statute must be substantially similar to the New Jersey DWI statute. There is an exception though, if a defendant who has a conviction in another state can show by “clear and convincing evidence” that the DWI offense in the other state resulted from a law in which the BAC was less than 0.08 percent.