PENALTIES FOR DRUNK DRIVING IN NEW JERSEY

PENALTIES FOR DRUNK DRIVING IN NEW JERSEY

The flashing lights come up behind you.  You feel your stomach turn inside out as you start to pull over.  You ask yourself how many did I have tonight?  I’ve done this before. I know I’m fine to drive.  The officer says he can smell alcohol on your breath and you are outside your vehicle performing a field sobriety test.  He says you failed and you are hauled off in handcuffs and arrested for DWI in New Jersey. Will this be on my record? How will I get to work?  Will I lose my job?

The above description is an all too common occurrence in New Jersey.  Driving drunk costs lives.  Even if you are fortunate enough not to injure yourself or anyone else, the penalties and fines for driving drunk in New Jersey are severe.  The most common question I get from DWI clients is what will happen to me if I am convicted.

The penalties for driving while intoxicated in New Jersey depend on how much you’ve had to drink and whether you have any prior DWIs. Enhanced penalties do exist for driving drunk in certain areas such as a school zone, causing an accident, or driving drunk with a child in the vehicle. Typically, those types of DWIs are criminally charged.  This blog post is limited to the fines and penalties issued by the Municipal Court or Motor Vehicle Commission in a standard driving while intoxicated charge in violation of N.J.S.A. 39:4-50.

First Offense

The law explains that for a first offense, or no prior offense within the last 10 years, a person who has a blood alcohol content of .08% or .09% is subject to a fine of $250 to $400, 12-48 hours in the Intoxicated Driver Resource Center which is basically drunk driving school, up to 30 days in jail, and suspension of their driving privileges in New Jersey for 3 months. Finally, the Court has discretion to require the installation of an interlock device for a period of 6 months to 1 year.  The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

If a person’s blood alcohol content is between .10% and .14% the fine will be between $300 and $500, 12-48 hours in IDRC, up to 30 days in jail, and suspension of driving privileges in New Jersey for a period between 7 months and 1 year.  Again, the Judge has discretion to impose the interlock device for 6 months to 1 year. The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

If a person’s blood alcohol content is .15% or higher the fines will be between $300 and $500, 12-48 hours in IDRC, up to 30 days in jail, and suspension of driving privileges in New Jersey for a period between 7 months and 1 year.  This is the same fines, period of IRDC, and suspension as when the BAC is between .1% and .14%, however when the BAC is .15% or higher then the Court must require the installation of the interlock device. The Motor Vehicle Commission will assess $1,000 in surcharges for 3 years.

Second Offense

In New Jersey, a DWI counts as a second offense if it is within 10 years of a first DWI or within 10 years of a conviction for Refusing to Submit to a breath test in violation of N.J.S.A. 39:50.4a.  Quite appropriately the penalties and fines are increased compared to a first offense. Jail will be imposed. The law requires, that a person convicted of a second DWI will be fined between $500 and $1,000, have to perform 30 days of community service, serve at least 2 days and up to 90 days in jail, and lose their driving privileges in New Jersey for 2 years. The interlock device will be required.

Third Offense

Three or more DWIs subject the driver to $1,000 in fines, mandatory jail of at least 180 days, drug or alcohol rehab, and loss of driving privileges for 10 years.  Once the driving privileges are restored the interlock device must be installed.  If the third offense occurs within three years of the first offense then the MVC surcharges increase to $1,500 for three years, otherwise they are $1,000 for three years.

Driving drunk in a very serious offense that carries tremendous risk.  The fines and penalties are severe.  If you or a loved one is facing a charge of DWI contact the attorneys at Roberts & Teeter today at 732-325-0814. WWW.CENTRALNJLAWYERS.COM

HOW TO BEAT A CHARGE OF DRIVING WHILE INTOXICATED IN NEW JERSEY

HOW TO BEAT A CHARGE OF DRIVING WHILE INTOXICATED IN NEW JERSEY

First, it should be noted that New Jersey makes no distinction between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI).  If you have ingested anything such that your driving may be impaired you are subject to New Jersey’s DWI law.

Except in some very limited circumstances, driving drunk is not a criminal offense in New Jersey.  It is a traffic offense.  However, drunk driving is undoubtedly the most litigated area of traffic law.  The New Jersey Supreme Court and United States Supreme Court have rendered dozens of opinions shaping the correct procedures which must be followed.  The law surrounding drunk driving is very complex and often changing and it therefore no surprise that entire treatises are written on the subject.  This blog post no way attempts to explain all the nuances involved in drunk driving law.  Instead, this post briefly explores some of the more common defenses that can be raised against a charge of drunk driving.

A charge of DWI is one of the most serious driving charges one can face.  Therefore, many people seek out the assistance of a component New Jersey Drunk Driving Attorney with experience in handling these cases.   Depending on the facts and circumstances, your attorney may be able to get the penalties reduced, the charge downgraded, or even dismissed.  If you are facing a DWI in New Jersey, contact the lawyers at Roberts & Teeter for a free consultation.

1.  Challenging the Stop.  In most circumstances, a person charged with a DWI has been pulled over by the police.  Typically, the police claim that they observed you committing a separate traffic violation and may have even written you multiple tickets such as reckless driving, careless driving, failure to keep right, speeding, failure to observe a traffic control device, failure to maintain lane, or even the use of a cell phone.

After the police pull you over, they undoubtedly will come to your window and start asking you questions.  For some reason or another they suspect that you are under the influence of alcohol or a narcotic.  What might of started out like any other night suddenly has taken a turn for the worse when the police have ordered you outside your vehicle and have you standing on one foot like a high school gymnast or recalling the alphabet.  If you don’t prove to the officer’s satisfaction that you are sober, you have a long night ahead of you behind bars.

In certain instances an aggressive drunk driving attorney can challenge the basis for the stop.  In New Jersey before the police can pull you over, they need an articulable and reasonable suspicion that you violated a traffic law.  If you can successfully defeat the basis for why the police pulled you over, then the DWI must be dismissed as well.

2. Challenge the Field Sobriety Test.  Sometimes the only evidence the State has against you is the officer’s observation during a field sobriety test.  In New Jersey, when police suspect a driver is intoxicated they may ask the driver to perform a field sobriety test.  There are a number of field sobriety tests that are used across the country, but New Jersey specifically recognizes two such tests as scientifically reliable.  The first test is called the Walk and Turn test.  The second test is called the One-Leg Stand test.  Before administering either test, the police are required to tell you certain specific instructions.  If they fail to provide these instructions completely and accurately, you may be able to challenge the evidence.  Additionally, it is the officer’s observation and subjective interpretation of your performance that is at issue.  The Officer’s conclusion that you were under the influence can be challenged if the officer was not properly trained in the administration of the Field Sobriety Tests, the officer was not in a proper location to make observations, or his conclusion that you failed the test is not supported by the motor vehicle recording.

3.  Challenge the Blood Alcohol Reading.  Blood Alcohol content is typically measured in one of two ways in New Jersey: 1) Breathalyzer; or 2) Blood.  The accuracy and reliability of the Breathalyzer is one of the most contested issues arising out of municipal court.  The Supreme Court of New Jersey has reviewed dozens of issues concerning the Breathalyzer machine, the software, the qualifications of the administrator, the procedure for administering the test, and many more.  These requirements provide a fertile ground to challenge the blood alcohol reading.  The most common challenges to the breath test are the qualifications of the operator, the proper operation of the device, the working order of the device, the 20-minute observation period, and presence of electronic devices in the testing area that may affect the instrument.  Often it is not enough for an attorney to point out these problems to the prosecutor and judge.  In many instances, the defendant increases his chance of successfully challenging a blood alcohol reading by hiring an expert who specializes in writing reports and testifying in these types of cases.

A second way police obtain a blood alcohol reading is through blood.  If a DWI results in a traffic accident and the driver is taken to a hospital the police may try and use blood obtained at the hospital as evidence of the blood alcohol content.  Proving a driver’s blood alcohol content through blood draw can be challenged in several ways.  First, the sample must be taken in a medically acceptable manner.  If the blood is drawn for medical purposes by a medical professional, the alcohol concentration will be measured in terms of blood serum rather than blood alcohol concentration.  There is a 16% margin of error when the blood alcohol content is measured by blood serum.  A second challenge to a blood alcohol reading through a blood draw is lack of a warrant of consent.  In April 2013, the United States Supreme Court ruled in a case called Missouri v. McNeely  that a warrant is required before police can seize a suspect’s blood.  Without a warrant or consent of the patient, the evidence may be thrown-out.   A final common way of challenging a blood alcohol reading through a blood draw is to challenge the chain of custody.  The State must be able to demonstrate the entire chain of the patient’s blood from the initial draw to the testing at the police department.  If the sample was left alone or handled by unknown persons it is possible it became contaminated and is no longer reliable. 

Conclusion

The law surrounding drunk driving in very complex and is often changing.  Anytime a person is accused of driving under the influence they should contact an attorney experienced in handling drunk driving cases in New Jersey.  Depending upon the facts and circumstances, a successful defense may result in the penalties being reduced, the charge being downgraded, or even dismissed.  Call the attorneys of Roberts & Teeter at 732-325-0814 for a free consultation.   

CONDITIONAL DISCHARGE: Will I be drug tested?

CONDITIONAL DISCHARGE: Will I be drug tested? 

From high school and college students to professionals and seniors, citizens in New Jersey are being arrested for possessing small amounts of marijuana. Coupled with the possession charge, often police officers will also charge an individual with paraphernalia. Paraphernalia includes but is not limited to bongs, glass bowls, pipes, grinders, rollers, and scales – essentially anything used in connection with drugs.

If this is your first arrest for marijuana possession, you may be eligible for a conditional discharge. In short, a conditional discharge is when the court orders an individual to stay clear of any arrests for a set period of time. On the down side, the probationary period typically lasts 12 months and you will have to pay around $800 in fines and fees to the court.  On the upside, when the fines are fully paid and the probationary period is complete, then the charges are dismissed.

But there are stipulations that one must follow when given a conditional discharge, one of which is to pass any and all random drug tests. Clients constantly ask me when will I be drug tested? How often will they test me? Will they give me notice in advance of the test date? The truth is that there is no clear-cut answer. This blog post discusses the drug testing process and how it varies throughout the state.

In our experience, most courts do actually follow through with random drug testing. A small number of towns do not drug test, likely because of the large volume of cases they handle.  Even in the towns that do not drug test, if the accused is arrested again, the case will be re-opened and the defendant will be removed from the conditional discharge program. Out of the jurisdictions that do drug test, the procedure varies.  Some courts tell the defendant how many times they will be tested and on what dates.  Other courts send you a letter in the mail requesting you come in for testing within 3 weeks.  Certain towns allow you to submit urine through your local doctor’s office while other towns require you submit a sample at the probation department. In short, the procedures for drug testing vary between municipalities.

The best advice we give our clients is to be prepared to take a random drug test multiple times throughout the course of the conditional discharge term. It’s better to err on the side of caution because you only are eligible for a conditional discharge once in your life.  If you fail, you will not get a second chance. 

If you are facing a charge of possession of marijuana and have questions about the conditional discharge program, call the attorneys at Roberts & Teeter for a free consultation.

Domestic Violence Restraining Orders in New Jersey

Domestic Violence Restraining Orders in New Jersey

Everyday citizens of New Jersey are filing for temporary restraining orders or thinking about doing so due to domestic violence. Many people think that “domestic violence” only relates to abuse by physical harm; this is simply inaccurate. Any 1 of 14 crimes can lead to a final restraining order being issued.  Crimes like trespass, stalking, and harassment can occur without any physical harm at all

Prosecuting or defending against an allegation of domestic violence is a stressful and emotional time. The process can be confusing, scary, and, at times, expensive because there is no right to a public defender in these cases.

The Prevention of Domestic Violence Act, outlines the procedures that must occur from the initial complaint through trial to determine whether final restraints should issue.  The information below explains the process that takes place in New Jersey before a Final Restraining Order can be entered.

Step One: A complaint is filed.
A person who believes they are a victim of domestic violence can go to their local police department or county court and file a complaint.  In order to be a protected person under the Prevention of Domestic Violence Act you must be 18 or older and have subjected to domestic violence by a spouse, a former spouse, a present or former member of your household, someone with whom you share a child, or have had a dating relationship with.

The Prevention of Domestic Violence Act is triggered for 14 different crimes and disorderly persons offenses. These include homicide, Assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking.

In Order to issue temporary restraints the reviewing judge must find that there is probable cause that an act of Domestic Violence Occurred and that the victim is protected under the Act. In such instances, the Judge will enter Temporary Restraints.

Step Two: The Court enters Temporary Restraints.

Upon finding that probable cause exists that an act of Domestic Violence has occurred and that the alleged victim is protected under the Act, the judge will sign an Order imposing Temporary Restraints. Such Orders provide various restrictions on the defendant including contacting the victim, going to their place of employment, going to their home (including the defendant’s home if the parties live together), possessing weapons, and even seeing any children the parties have together.  A Temporary Restraining Order will be served on the defendant by a law enforcement officer.

Step Three: Trial.

The Temporary Restraining Order will set forth a hearing date within 10 days of entry of the Order for a determination to be made by the Court whether an act of Domestic Violence in fact occurred and whether the victim requires the protection of final restraints.  The final return hearing is essentially a trial without a jury.  The Court will hear testimony, review evidence, and make a ruling.  As plaintiff has the burden of proof, they go first.  The defendant will have the opportunity to cross-examine any witnesses that the plaintiff brings forward.  Typically the plaintiff will testify but it is not required.  At the close of the plaintiff’s case, the defendant will have an opportunity to testify, call witnesses and offer evidence.  Once the defendant rests, the court may allow brief closing arguments before making its decision.

Final Restraints

It is important to remember that in New Jersey if the Court enters a Final Restraining Order, it is permanent.  It will stay in place forever, unless the Court finds a reason to modify it or vacate it.  It is rare that a Court in New Jersey will ever vacate a restraining order over the objection of the victim.  Final Restraints will prohibit that person from possessing weapons, communicating with the plaintiff, or traveling to certain areas.  A final restraining order could prohibit you from returning to your own home.

How an Attorney Can Help

It is important to remember that final restraints will part of a person’s record and may come up on background searches. If you are a victim of domestic violence and want a Final Restraining Order of if you are defending against an accusation of domestic violence, hiring an attorney experienced in handling these materials is crucial.

A Final Restraining Order hearing is essentially a trial, and your attorney should be experienced in trial work and domestic violence trials specifically.  A competent attorney can help gather evidence, line up witnesses, cross-examine opposing witnesses, prepare you for your testimony, file motions, and make arguments to the Judge encouraging either entry or dismissal of the restraints.  Put simply, they can help you win your case.

If you are someone you know has a Court date relating to domestic violence, contact the attorneys at Roberts & Teeter today. 732-325-0814. www.centralnjlawyers.com