Articles Posted in DWI Law and Legislation

As experienced trial lawyers concentrating on DWI defense cases, my dedicated legal team has defended literally hundreds of individuals over the years who have been accused of operating a motor vehicle while under the influence of alcohol, doctor-prescribed medications, and even illegal substances, such as meth, cocaine, and pot. Many of our clients began their legal fight following a relatively basic traffic stop, which often is the situation in many drunken driving cases.

As long-time drunken driving attorneys, we know that being pulled over by a highway patrolman or local cop can happen for any number of reasons; some as seemingly insignificant as a burned-out license plate lamp or cracked windshield. However, even these relatively innocuous infractions can actually result in the motorists being issued a summons for drinking and driving; many times, an arrest will occur and the driver’s vehicle may be impounded.

It really makes no difference where in the Garden State one resides, works or goes to school; DWI and drug DUI police arrests happen all over the state, in such places as Atlantic, Bergen and Monmouth counties, or Newark, Princeton and Atlantic City. As a driver operating on the highways, interstates and surface streets of New Jersey, there is always a possibility that you or someone you know will be stopped by a law enforcement officer for one of dozens of comparatively minor traffic offenses.
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Never desirable, abuse of power by any public official can result in various outcomes, most all of which are far from acceptable. For the average citizen, it is expected that the law and those who are sworn to uphold are there to protect the rights of the individual. But when the law is subverted by a person in a position of authority, such as an elected official or a police officer, action should be taken to correct the situation for those harmed, and to protect those who may be in the future. Sometimes an abuse of power is so significant, or rampant, that lawmakers are spurred to action to help prevent future abuses of power by unscrupulous individuals.

As New Jersey drunken driving defense attorneys, the legal team at my firm is dedicated to assisting motorists accused of drunken driving, and to fight against charges of DWI, drug DUI and other related offenses. As part of our job, we investigate all possible evidence both supporting our clients’ cases as well as those that benefit the prosecution. By understanding the totality of the charges and the evidence against a defendant, our lawyers can tailor their defense accordingly.

In many parts of the country, police departments have been employing dashboard-mounted video cameras to record traffic stops and possible drunken driving arrests, among other types of police activities. Here in the Garden State, law enforcement agencies have not been legally required to have dash-mounted cameras installed in police vehicles, but this may be changing.
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Every week, hundreds of motorists — both residents and non-residents — are pulled over in the Garden State for any number of moving violations or motor vehicle infractions. These offenses can range from serious offenses down to what many people might describe as inconsequential or even petty infractions. But even those minor violations can come with heavy consequences if a driver has had any alcoholic beverage to drink prior to the traffic stop.

Regardless of whether an arrest for DWI occurs in Hudson County, Middlesex County, Passaic or Ocean, or down in Cape May County, the validity of a DWI arrest can hinge on a totality of the facts presented later in a court of law. Often obtained during the initial traffic stop by the arresting officer, the facts that a prosecuting attorney will likely use against a motorist in a drunken driving case must include some kind of evidence pointing to intoxication on the part of the defendant at the time of the arrest.

As many people who have been through this kind of ordeal already know, the charges for impaired driving can stem from suspected consumption of alcohol, prescription drugs, or illegal substances such as marijuana or cocaine. One thing is important to remember: The degree of inebriation or intoxication must be sufficient to cause a motorist to be unable to safely operate his or her car, truck or motorcycle. There are numerous issues that can arise in order for this standard to be met. These include the following:
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For those who don’t remember the year 1999, it was a landmark year in many respects. We saw the debut of the HBO series “The Sopranos,” which put the Garden State once again in the spotlight; former President Bill Clinton was acquitted in the impeachment proceedings held in the United States Senate; and Dr. Jack Kevorkian, referred to as “Doctor Death” by many, was found guilty of second-degree murder for administering a lethal injection to a terminally ill man.

What few may likely not recall was the passing by our state senate of Filomena’s Law in December of that year. This legislation was part of a number of DWI-related reforms which provided for enhanced punishment for drunk driving offenses when such incidents occur in a school zone. As New Jersey drunk driving defense attorneys, we know that numerous drunken driving arrests occur every month in the Garden State involving charges related to Filomen’s Law.

Filomena’s Law states that a charge of drunken driving shall be an enhanced offense if a driver is caught operating a motor vehicle while under the influence within 1000 feet of school property. The term property can mean that which is owned by or leased to any elementary school, secondary school or school board, and which is used for school purposes.
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