DWI Law and Legislation

March 11, 2018

The Rules on Drinking and Biking in New Jersey

Being arrested for a DWI can be extremely daunting. If you have been charged with a DWI, it is vital to reach out to a skilled New Jersey DWI attorney who can help. With years of experience, we understand how to navigate these complex claims and protect your rights throughout the entire legal process. We know how stressful these matters can be until they are completely resolved, but you can rest assured we will handle your case efficiently and diligently.

The type of vehicle a person is operating under the influence of alcohol or drugs can have different consequences under the law. In a number of states across the country, a person riding a bicycle while intoxicated can face the same DWI charges as people driving a regular motor vehicle or commercial drivers would face. New Jersey, however, does not treat drinking and biking as a DWI offense.

Title 39 of the Motor Vehicle & Traffic Regulation laws in New Jersey governs bicycling on public roads. A bicycle is defined as a two-wheeled vehicle but is not considered a motor vehicle under the New Jersey DWI statute. The DWI statute only applies to drivers who operate a motor vehicle while intoxicated, including cars, motorcycles, boats, airplanes, dirt bikes, and ATVs. You will not be charged with a DWI if you are riding a different type of non-motorized vehicle, such as a skateboard or rollerblades. As a result, someone who is riding a bike under the influence of alcohol or drugs will not be charged with a DWI violation in New Jersey, although they may face other charges, such as public intoxication or disorderly conduct.

March 6, 2018

New Jersey “Dry Towns” Have Higher Rates of Arrests

by Jonathan F. Marshall

A DWI conviction has the potential to derail your life. If you have been arrested or charged with a DWI, you need an experienced New Jersey DWI attorney without delay. With years of experience, we understand the nuances of this area of law and how to challenge a DWI arrest. We are dedicated to protecting the rights of each and every one of our clients throughout the entire legal process.

A study of municipalities around New Jersey written by NJ.com found that some local police departments are much more assertive than others in enforcing these laws. You may be surprised to know that some New Jersey cities prohibit the sale of alcohol within city limits. In fact, more than 30 municipalities still forbid the sale of alcohol. Nationwide, approximately 18 million people live in dry areas, which make up about 10 percent of the land area in the U.S. Some of these people even live in “dry counties” but still see higher rates of deadly crashes and arrests.

Similarly, the rates of DWI arrests in these New Jersey “dry towns” are higher than similarly situated New Jersey cities that allow the sale of alcohol. Collingwood had 18 total DWI arrests in 2016, a 20 percent increase from 15 in the prior year. Wildwood Crest saw a significant spike in DWI arrests, jumping 63 percent from 27 in 2016 to 44 in 2017. Cities like Haddon Heights and Haddonfield experienced slightly decreased rates of DWI arrests from the prior year.

February 12, 2018

“Baby DWIs” in New Jersey

by Jonathan F. Marshall

If you have been charged with underage driving while intoxicated (DWI), you should not hesitate to get in touch with a experienced New Jersey DWI lawyer. Even though a New Jersey prosecutor may refer to an underage DWI as a “Baby DWI” – you should not let the name fool you. When it comes to these “Baby DWIs,” prosecutors will often seek maximum penalties in a case, which is why it is imperative to have a trusted legal advocate on your side.

In New Jersey, the offense of a DWI involves driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. However, there may be many situations in which an underage driver may get behind the wheel under the influence of alcohol. If you are below 21 years of age and are suspected of driving after consuming alcohol, you may be charged with an underage DWI, also sometimes known as a “Baby DWI.” It is important to note that there is a a significant difference between a standard DWI and a Baby DWI, which can be prosecuted if the defendant had a BAC of 0.01 percent or higher.

New Jersey has a zero tolerance policy for drinking and driving. Penalties for underage DWI are serious and may include the loss of driving privileges, community service, monetary fines, and partaking in an alcohol and traffic safety education program. While the consequences for a Baby DWI might be less severe than a regular DWI, there is still a lot at stake. College acceptances, scholarship awards, car insurance rates, and even future job prospects could all be adversely affected by an underage DWI conviction.

January 24, 2018

Motions You Can Use to Fight a DWI Charge in New Jersey

by Jonathan F. Marshall

Being charged with a DWI can be extremely daunting because these charges can affect many aspects of your life. As a result, these charges should never be taken lightly. If you have been charged with a DWI, you need the help and guidance of a seasoned New Jersey DWI attorney who can protect your rights. With years of experience, we are dedicated to advocating for our clients throughout the entire legal process.

Police have to adhere to certain rules and procedures when they make a DWI stop as well as when they make a DWI arrest. If these rules are not properly followed, a DWI charge may be reduced or dismissed altogether. Some of the motions that may be appropriate in your case are as follows:

Illegal stop: a motion that states you were stopped illegally, and thus any evidence based on the stop should be tossed out. In New Jersey law, a police officer may stop a motor vehicle if that officer has an “articulable and reasonable suspicion” of a violation of law by the driver or a passenger. This is a lower standard than “probable cause,” which is needed to make an arrest, but still requires detailed objective facts that would lead to a determination that the defendant broke a law. For instance, if you are pulled over for running a stop sign, the traffic violation would establish probable cause for the stop.

January 17, 2018

The Opioid Crisis and New Jersey DWIs

by Jonathan F. Marshall

There is little doubt that the United States is facing a crisis involving opioid abuse and addiction. As a result, police and prosecutors have seen a rise in DWI cases involving various types of painkillers. If you or someone close to you has been arrested for a drug DWI, it is imperative to reach out to a skilled New Jersey drug DWI attorney without delay. With years of experience, we have the knowledge base needed to defend you throughout the entire legal process.

The Centers for Disease Control and Prevention reports that the opioid epidemic killed more than 33,000 people across the United States in 2015. That is an average of 91 opioid overdose deaths every day. Overdose deaths were nearly equal to the number of deaths from car accidents. In 2015, for the first time, deaths from heroin alone surpassed gun homicides. In New Jersey, at least 1,901 people died from opioid overdose in 2016. A study conducted by the University of Nebraska Medical Center found that prescription opioid pain killers led to impaired driving in many patients, creating a risk on the nation’s roads.

Due to the prevalence of opioid abuse, this issue is undoubtedly on law enforcement’s radar. New Jersey law makes it illegal to operate a motor vehicle while impaired by either alcohol or drugs or both. Put simply, it is illegal to drive under the influence of any impairing substance, whether it is illegal, over the counter, or prescription. This law is codified in New Jersey Statute 39:4-50, which prohibits persons from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” Use of any or all of these medications can form the basis of a drugged driving charge in New Jersey.

January 3, 2018

New Jersey School Bus Driver Charged with DWI While Kids on Board

by Jonathan F. Marshall

DWI charges can adversely affect almost every aspect of your life, including your job prospects. As a result, these charges should never be taken lightly. If you are a commercial driver who has been charged with a DWI, you need to reach out to a skilled New Jersey commercial DWI attorney who can protect your rights. We can scrutinize the details of your arrest and build you an aggressive defense for your case.

A school bus driver in Lakewood smelled of alcohol when he spoke to law enforcement during a road rage investigation, police said. The driver works for Lakewood-based Jay’s Bus Service and was carrying students who attend a private school. The incident took place at about 8:30 a.m. last month when the bus had about 20 kids on board. The bus driver was initially pulled over for a road rage investigation. Upon being pulled over, however, officers noticed the driver was slurring his speech and had bloodshot eyes. The driver was arrested for driving under the influence and endangering the welfare of children.

In New Jersey, bus drivers are considered commercial vehicle drivers. Those operating commercial vehicles are subject to different rules than those operating ordinary passenger vehicles. The Federal Motor Carrier Safety Act, in combination with the New Jersey Commercial Driver License Act, prohibits commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher, a significantly lower amount than the 0.08 percent that applies to ordinary drivers.

December 22, 2017

The Defense of Quasi-Entrapment in New Jersey

by Jonathan F. Marshall

Have you been arrested or charged with driving while intoxicated (DWI) in New Jersey? If so, it is imperative to reach out to a trustworthy New Jersey DWI attorney who has experience with this area of law. A DWI conviction should never be taken lightly because it can have far-reaching adverse consequences for many aspects of your life. You can rest assured that we understand the seriousness of these charges and will vigorously advocate for your rights throughout the entire legal process.

Not all criminal defenses that are available in criminal prosecutions are available in DWI cases. The New Jersey Supreme Court, for instance, has held that “entrapment” is not a valid defense in DWI cases. In order to succeed with a New Jersey entrapment defense, the defendant must prove that the police conduct constituted an inducement to commit a crime by objective standards. Put simply, the defendant must show that the crime would not have been committed had the police not encouraged or induced the defendant to commit it. It is important to note that the defendant must establish entrapment by a preponderance of the evidence.

The New Jersey Supreme Court contemplated whether a DWI defendant could raise a quasi-entrapment defense in State v. Fogarty. In that case, the defendant had asked his brother to drive him home because he was too drunk to drive after a wedding reception. In the parking lot, however, the brothers got into a fight and caught the attention of local police. An officer struck the defendant’s brother with a nightstick. When the defendant asked the officer to stop hitting his brother, the officer ordered him to leave the parking lot. When the defendant failed to listen, the officer ordered him to leave again and then proceeded to escort him to his truck. The defendant complied by getting into his truck but ended up backing into a police car. He was arrested for drunk driving and later convicted by a municipal court.

December 8, 2017

Police Evidence in a New Jersey DWI

by Jonathan F. Marshall

Being charged with a DWI should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with a DWI, it is important to seek the help of a hard-working and reputable New Jersey DWI attorney as soon as possible. You can trust that we can thoroughly analyze the facts of your case and provide you with a vigorous defense under the circumstances.

In New Jersey, a person commits a driving while intoxicated (DWI) offense when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Being convicted of a DWI is a serious offense that can carry heavy penalties, such as fines and fees, license suspension, ignition interlock device, community service, and even jail time. Every subsequent DWI carries harsher penalties. For example, a third offense will have much more severe penalties than a first-time DWI.

The state bears the burden of proof in all DWI cases. The state has to prove every element of a DWI ‘beyond a reasonable doubt.’ This is the highest standard in the legal system and requires the government to prove every element of the crime to a degree that would leave jurors with an abiding conviction that the defendant is guilty.

November 22, 2017

New Jersey DWI with a Minor in the Car

by Jonathan F. Marshall

Drunk driving is a serious charge, but it can be even more serious when you have a minor in the car. If you have been charged with a DWI while a minor was in the vehicle, it is important to discuss your case with a New Jersey DWI attorney who can evaluate the facts and can protect your rights accordingly. You will need to act quickly, since the penalties for this offense are extremely harsh and can have a long-term impact on your future.

Under New Jersey law, DWI consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. It is important to note it is also illegal to get behind the wheel if any substance has impaired your ability to drive safely, whether it is drugs or alcohol.

According to the National Highway Traffic Safety Administration, 21 percent of children under 15 years old who were killed in motor vehicle accidents in 2003 were killed in alcohol-related crashes. The Centers for Disease Control and Prevention found that of the 1,132 traffic deaths among children ages 0 to 14 years in 2015, approximately 209 (16 percent) involved an alcohol-impaired driver.

November 15, 2017

Rapper Arrested for DUI and Having Suspended New Jersey License

by Jonathan F. Marshall

Celebrities are no exception to the law. New Jersey native and rap star Fetty Wap, whose real name is Willie Maxwell, was arrested in New York last week on charges of drunk driving. Reportedly, at about 1 a.m., the rapper was caught drag racing with another vehicle at a high speed. The 26-year-old showed signs of intoxication and took a field sobriety test, which he failed. At this point, he was taken into custody. Upon his arrest, officers discovered that he had a suspended New Jersey driver’s license.

Under New Jersey law, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. When it comes to commercial drivers, the BAC level must not be 0.04 percent or higher, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. In most cases, an officer will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other measures that can be used as well, such as field sobriety tests and blood tests.

A New Jersey DWI is a serious offense and can result in a range of penalties, including fines, fees, license suspension, community service hours, and jail time. The number of prior offenses and whether people or property were harmed during the incident can affect the penalties a defendant will face.