What Happens if I am found Guilty of a DWI in New Jersey

May 31, 2016 by

Man Being Pulled Over by the Police

If you have already been convicted of one or more prior DWIs, any additional offense will result in much more devastating penalties. Even if you only had one prior drunk driving conviction, a second offense will usually result in mandatory jail, loss of license, and other increased punishments compared to the first offense. A third or subsequent offense will result in even more serious sentencing. These consequences are required by law – if you are found guilty, there is very little flexibility when it comes to a second, third, or subsequent offense. Moreover, recent court cases have ruled that an out-of-state DWI conviction will probably count as a prior offense in New Jersey and it will be used against you to enhance your penalty.

Jail Time

On a first offense, someone convicted of DUI can face up to 30 days in jail, although it is extremely rare for a judge to give the driver any jail time unless the drunk driving incident involved aggravating factors, such as serious damage or injury. Excluding those factors, a typical first offender will not go to jail unless they fail to comply with other aspects of the sentence (mandatory counseling, fines and such).

On a second offense, a driver convicted of DUI must go to jail for a minimum of 2 to 90 days.

Again, this portion of the sentence will depend on a number of aggravating factors that a judge could take into consideration, including whether the drunk driving resulted in serious damage or injury.

On a third or subsequent offense, a driver convicted of DUI must go to jail for 180 days. This jail sentence is flexible to a very limited degree. With the approval of the judge, 90 of the days can be performed at an in house drug / alcohol counseling rehabilitation center, but the first 90 days must be served in jail first.

Loss of Driving Privileges

For a first offense, someone convicted of DWI can have their license suspended for either 3 months (if his or her blood alcohol content is between .08% and .09%) or 7 to 12 months (if his or her blood alcohol content is .10% or greater). If this is the first offense, a judge has a lot of flexibility in deciding how long to suspend a driver’s license. If in a school zone, the period of suspension is a minimum of 1 year up to 2.

For a second offense, however, a judge has no flexibility to decide. The driver’s license is taken away for 2 years. The length of time for suspending the license is specifically required by law, although it can be even longer if the second offense occurred while the driver had a suspended license or if the driver was operating the vehicle in a school zone.

On a third offense, a driver convicted of DWI will lose his or her license for 10 years. Again, this period of time is required by law, and it can be increased if the driver is in a school zone or driving with a suspended license at the time.

Fines and Other Penalties

Second, third, or subsequent drunk driving offenses can also result in increased fines and other penalties, such as mandatory community service.

For instance, the first time a driver is convicted for drunk driving, monetary fines are decided by the judge, between $200-500, plus $389 in additional mandatory fees. A second time offender must pay between $500-1000, plus the mandatory fees. A third time offender or more must pay $1000, plus the mandatory fees.

A second time offender must also participate in 30 days of community service, while a third time offender or more must provide up to 90 days of community service.

Finally, while a first time offender who is convicted with a blood alcohol content of .15% or greater must have an ignition interlock device installed on his or her vehicle during the period of license suspension and 6 months – 1 year following restoration. This period of time is increased to 1-3 years following restoration following the second or greater time a driver is convicted of a DUI.

Depending on the number and circumstances of prior DWI convictions, there may be even more penalties that a driver must face each time he or she is convicted of drunk driving. While many of the consequences are mandatory and allow little flexibility, being represented by an attorney can still help to reduce some of these penalties or help the driver present a defense in light of the very serious charges. For instance, if 10 or more years have passed since a driver’s most recent DUI offense, an attorney will be able to step down the offense from a third offense to a second offense or a second offense to a first offense, helping to reduce the penalties and the sever impact of those consequences on the life of the driver.

New Jersey DWI Lawyer Edward M. Janzekovich is Ready to Defend Drivers with Multiple Offenses

If you have ever been convicted of a DUI or DWI, you know how serious the consequences of that conviction can be. Subsequent drunk driving offenses will result in even greater penalties that can result in life changing consequences, including increased jail time, loss of driving privileges, and fines. There are many ways to beat a DWI charge. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Drunk Driving, DWI - DUI

New Jersey Drunk Driving Lawyer – Underage DUI-DWI

May 26, 2016 by

The legal drinking age in the state of New Jersey is 21, and the minimum legal driving age is 17. What happens if an underage drinker gets behind the wheel of a car in New Jersey? The penalties and collateral consequences can be devastating. Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the state has enacted stricter laws and harsher penalties for drunk drivers under the age of 21.

New Jersey is a no-tolerance state. If a minor is pulled over under suspicion of drunk driving, a Breathalyzer test will be administered.  However, if the test results indicate that they have a blood alcohol content (BAC) of .01 percent or higher, they can be charged with a DUI. For drivers over the age of 21, driving with a BAC of .01 percent is not in itself illegal—in order to be charged with DUI an adult generally must have a BAC of .08 percent or higher.

Underage Drinkers May Face Additional Related Charges

In addition to being charged with a DUI, underage drinkers may be charged with:

  • Being a minor in possession of alcohol
  • Soliciting alcohol
  • Possession of false identification
  • Moving and vehicle maintenance violations
  • Distributing alcohol to other minors if there were underage intoxicated passengers in the car

Penalties

Drivers under the age of 21 who are convicted of driving under the influence face:

  • A 30 to 90-day driver’s license suspension (for high rate DWI’s with a BAC of .10 or higher, an underage drinker could lose their license for up to a year)
  • 15 to 30 days mandatory community service
  • Mandatory participation in an Intoxicated Driver Resource Center (this involves a detainment period of between 12 and 48 hours)
  • If under the age of 17 and unlicensed, a 30 to 90 delay in processing your driver’s license
  • Up to 30 days in jail
  • Fines between $250 and $500 depending on the driver’s BAC
  • Surcharges in excess of $3,500

Collateral Consequences

If you are convicted of an underage DWI, you may have difficulty achieving your educational goals. Colleges and universities perform background checks, and a conviction on your record could be cause for an admission or scholarship denial.

An underage DWI may also pop up on an employment background check. In today’s market, where there are many quality applicants competing for every job, a DWI on your record could prevent you from getting work.

Car insurance companies are known to terminate coverage to minors convicted of driving under the influence, or refuse to renew. If coverage is offered, the rates tend to be very high due to the risk the insurer must assume. Some companies raise the monthly premium by $100-$300 a month for the next three to five years.

Underage drivers may also need to submit an SR-22 certificate to reinstate their license after a period of suspension.  This forms tells the DMV that a driver is insured, and many companies furnish this form to the DMV for their insureds.

Defending Against Underage DWI Charges

There is an array of defenses available to minors charged with DWI. One of the most commonly employed defenses is that many natural and artificial substances can cause a breath test to register a BAC reading of .01 percent.

There are also defenses available based on your right to be free from unreasonable searches and seizures under the Fourth Amendment. If your constitutional rights were violated, any illegally obtained evidence cannot be used against you at trial.

New Jersey DUI Lawyer Edward M. Janzekovich Defends Minors Accused of Driving While Intoxicated

If you or your child has been charged with an underage DUI, reputable New Jersey DWI lawyer Edward M. Janzekovich can help. We understand the stress you are under as you face unknown, potentially life altering consequences.  You do not need to face these battles alone.  We strive to ease our clients’ minds by thoroughly explaining the legal process, and our goal is always to get our clients’ cases dismissed altogether.

To schedule your confidential consultation today, call us at 732-257-1137 or contact us online today. We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

 

Filed Under: Criminal Law, Drunk Driving, DWI - DUI, Underage DUI Tagged With: , , , , , , , , , , , ,

New Jersey DWI – DUI Lawyer – Boating Under the Influence (BUI)

May 17, 2016 by

Memorial Day is just around the corner, and many people in New Jersey will be celebrating the unofficial kick off to summer by doing some recreational boating or other activities on the water.  New Jersey is becoming increasingly crowded, meaning residents and tourists are flocking to our waterways in record numbers, increasing the chances of boating incidents.

The New Jersey State Police and the United States Coast Guard are the two law enforcement agencies that combat intoxicated boating in New Jersey.  If you are stopped for suspicion of BUI, law enforcement will require the boat captain to take the same sobriety test as someone who has been stopped in their car.  The captain may also have to submit to a Breathalyzer test to see if their blood alcohol content (BAC) is above the legal limit.  When the operator of a vessel is asked to take a Breathalyzer test, they are presumed to have consented to the test by accepting their boating license.  This is known as implied consent.  Refusing to take the Breathalyzer test will result in an additional charge for refusing the test, and you may still be charged with a BUI.

The law that governs intoxicated boating in New Jersey, N.J.S.A. 12:7-46, was enacted in 1995.  Prior to that time, careless, reckless, or intoxicated boaters could be re-licensed by simply paying a fine and servicing a period of license suspension.  Under the new law, offenders must also take a boating safety course as a condition of re-licensure.

The Legislature modeled the intoxicated boating laws on the existing drunk driving statutes.  In order to be convicted of a boating DWI, the prosecutor must prove three elements:

  • The suspect must have been operating a “vessel” (a water vessel that is 12 feet or more);
  • They must have been operating it in New Jersey waters; and
  • They must have been operating it under the influence of an intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug; this is often proven by establishing that the vessel’s operator had a BAC of .08 percent or greater.

In addition, a person can be convicted of a BUI if they permit another person who is under the influence of drugs or has a BAC of .08 percent or greater to operate a vessel.  If an individual is operating a commercial vessel, the lower BAC of .04 percent is considered the legal limit.

Penalties for BUI

If you are convicted of a BUI, not only will you lose your boating license, but you will also lose your regular driver’s license.  The first time an individual is convicted of boating while intoxicated, their boating license will be revoked for one year, their driver’s license will be suspended for three months, and they will face a fine of between $250 and $400.  Court costs of $33 may be imposed, as well as a $50 assessment for the Victims of Crime Compensation Board (VCCB).  These fines will be even greater if a person had a BAC of .10 percent or higher.  First time offenders must also complete a program of alcohol education at the Intoxicated Driver Resource Center (IDRC), and take a boating safety course

For a second BUI offense, a person will lose their boating license for two years, and their driver’s license for six months.  They will also face two to 90 days in jail, a fine of between $500 and $1000, and costs and fees.  Convicted defendants must also serve 30 days of community service, and complete a rehabilitation program at the IDRC.

For third and subsequent offenses, a person will lose their boating license for ten years and their driver’s license for two full years.  In addition, a third BUI will result in a mandatory 180-day jail term.  Community service may be substituted for part of this term.  Third time offenders must pay a $1000 fine plus costs and fees, complete a boating safety course and a rehabilitation program at the IDRC.

New Jersey Boating While Intoxicated Lawyer Edward M. Janzekovich Defends Individuals Charged With a BUI

Getting a BUI is a serious matter that can result in crippling fines and potential jail time.  A conviction for BUI will also count as a prior offense if you are subsequently charged with additional DWI offenses.  At the Law Office of Edward M. Janzekovich, our goal is always to help our clients avoid a conviction.  To discuss your case, call us at 732-257-1137 or contact us online today.  We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Boating Under the Influence (BUI), Criminal Law, Drunk Driving, DWI - DUI Tagged With: , , , , , , , , , , , , ,

New Jersey DUI Lawyer – Supreme Court Questions Whether Drivers Can Be Forced to Take a Breathalyzer Test Without a Warrant

May 12, 2016 by

Last month, the United States Supreme Court addressed whether police can require drivers to take a “deep-lung” breath test without a search warrant. Three cases out of Minnesota and North Dakota were joined and brought before the Court. These states have laws that make it a crime for drivers to refuse to take a breathalyzer, urine, or blood test. Eleven other states have similar laws, including Alaska, Florida, Hawaii, Indiana, Kansas, Louisiana, Nebraska, Rhode Island, Tennessee, Vermont and Virginia. A majority of the justices questioned whether these laws criminalizing refusal are constitutional, in light of an individual’s Fourth Amendment right to be free from unreasonable searches and seizures.

Generally speaking, the police cannot search a driver or their car after an arrest without first getting a search warrant, unless it is for their own personal safety or to preserve evidence. In 2013, the Supreme Court ruled that police cannot conduct blood tests for drunken driving without first obtaining a warrant. However, some justices remain hesitant to apply the same rule to the breathalyzer test, because it is less intrusive than drawing blood.

Previously in North Dakota, refusal to submit to a chemical test carried only civil penalties, such as the suspension or revocation of one’s license. However in 2013, North Dakota lawmakers passed legislation to make penalties for drunk driving offenses more severe—in part by punishing a refusal to take a breathalyzer test in the same manner as it punishes the crime of driving under the influence.

The groups backing the states’ laws, including Mothers Against Drunk Driving (MADD), have argued that when a person applies for a driver’s license, they give their implied consent to be subjected to a chemical test in the event that they are arrested for suspected drunk driving.

However, several groups backing the defendants, including the American Civil Liberties Union (ACLU) and the DUI Defense Lawyers Association (DDLA), have argued that the government cannot criminalize conduct protected by the Fourth Amendment. One cannot truly give “implied consent” to take a breathalyzer test when they get their license if they know that they will face criminal sanctions for refusing to take the test. The DDLA argued that there are better ways to deter drunk driving, including creating an electronic warrant system, setting up sobriety checkpoints, providing alcohol abuse treatment, and requiring the use of ignition interlock devices for convicted drunk drivers.

So how did the justices come down on the issue? Justice Samuel Alito was the only justice who seemed to be strongly in favor of criminalizing refusal, and he emphasized that breathalyzer tests are only a minimal intrusion. He expressed that the only reason people don’t want to submit to a breathalyzer test is because they don’t want their blood alcohol measured, it is not that they object to blowing into a straw. Justice Kagan seemed to agree with this line of reasoning, noting that police have an interest in testing a driver’s breath as quickly as possible, before their blood alcohol content (BAC) goes down.

Ultimately, the states were unable to come up with a persuasive reason why police cannot secure a warrant while transporting suspects to the police station or hospital for testing. Forty states now utilize electronic warrant systems.

Although it is not a crime to refuse to take a breathalyzer test in New Jersey, there are harsh civil penalties, including fines, motor vehicles surcharges, a long suspension of driving privileges and special sentencing enhancements if the refusal occurs within a school zone. A refusal can also be used to draw an inference of guilt in a DUI trial. If you are pulled over in New Jersey for a suspected DUI, the police can detain you and bring you to a hospital where staff may draw blood.

New Jersey DUI/DWI Lawyer Edward M. Janzekovich Represents Drivers Who Have Refused Chemical Testing

If you were arrested for drunk driving and refused to submit to chemical testing, you are likely facing steep penalties. In addition to a DWI charge, you are probably also facing penalties for refusing to take the breathalyzer test. To speak to an experienced New Jersey DUI lawyer and begin building your defense, call the Law Office of Edward M. Janzekovich at 732-257-1137 or contact us online today. We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Criminal Law, Current Events, Drunk Driving, DWI - DUI, New Jersey Attorney Tagged With: , , , , , , , , , , , , , , , , , ,

New Jersey DUI – DWI Lawyer – Driving Under the Influence of Marijuana

May 3, 2016 by

It is illegal to drive while high on marijuana (weed, pot, etc.) in New Jersey.  Although New Jersey does not have a specific law that addresses driving under the influence of marijuana, the same law that prohibits drunk driving (N.J.S.A. 39:4-50, titled “Driving While Intoxicated”) applies to drugged driving offenses as well.  This law prohibits driving under the influence of any intoxicating substance, including narcotics, hallucinogens or even some over the counter medications.

How Do the Authorities Prove a Person is Under the Influence of Marijuana?

When a person is pulled over on suspicion of drunk driving, they are given a breathalyzer test to determine their blood alcohol content.  So how does a police officer know whether a driver is under the influence of marijuana?  Usually, a driver will be asked to take a blood or urine test.  However, a positive drug test only indicates that there is marijuana in a person’s system at the time of the traffic stop—and marijuana can stay in a person’s system weeks after using it.  Therefore, if you are arrested for drugged driving, additional evidence is generally relied upon to prove the DUI in court.

If you go to trial for your DUI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of marijuana.  This requires some expert testimony to establish that the drugs found in your system were not just residual, but actually rendered you impaired and unable to safely operate a motor vehicle.

In drugged driving cases, the general rule is that the accused must have been tested at the time of their arrest by a specially trained police officer referred to as a Drug Recognition Expert (“DRE”).  However, for marijuana cases, the prosecutor can establish intoxication through testimony of any police officer who has been trained in field sobriety and who has experience in identifying marijuana intoxication.  In such cases, an officer will testify that there was objective evidence that a driver’s physical or mental capabilities were impaired by the drug.  This testimony can be the State’s Achilles heel.  An experienced DWI lawyer may be able to have your charges either dismissed or downgraded by discrediting this testimony.

No Implied Consent for Blood or Urine Testing

In New Jersey, as a condition of receiving your driver’s license, you have agreed to take a breath test to determine the content of alcohol in your system if you are pulled over on suspicion of drunk driving.  This is known as “implied consent.”  If you refuse to take the test, you are subject to punishment including a loss of driving privileges.  But this law does not extend to drivers who are suspected of being under the influence of marijuana or other substances.  If you are pulled over and the police suspect that you are high on marijuana or some other substance, there are no penalties or sanctions if you refuse to submit to a blood or urine test.  Chemical testing for marijuana or any other substance is only performed on a voluntary basis or if a warrant has been issued by a judge.  First, the investigating officer would ask you for your consent to provide a urine or blood sample.  If you refuse, then the officer can attempt to obtain a warrant from a judge, based upon probable cause.  If a warrant is issued, then you have to comply.  It is amazing just how many people, knowing full well they have a substance in their system, agree to voluntarily submit to a blood or urine test.  Most people just don’t know they can say no.

Penalties for Driving Under the Influence of Marijuana

Penalty for a conviction will vary depending on whether you have ever been convicted of drugged driving in the past.

  • For a first conviction, drivers face a fine of between $300 and $500, up to 30 days in jail, and between seven months and one-year license suspension.
  • For a second conviction, drivers face a fine of between $500 and $1,000, 30 days community service, 2 to 90 days in jail, and a two-year license suspension.
  • For a third (or subsequent) conviction, drivers face fines up to $1,000, 180 days in jail, and a ten-year license suspension.

If you have been charged with drugged driving, you may also face additional penalties for related charges such as possession of a controlled dangerous substance.

What About Medical Marijuana?

Although New Jersey allows certain individuals to use medical marijuana, just like any other legally prescribed medication, it is still a crime to drive if one’s ability to safely drive a car is impaired by the drug.

Edward M. Janzekovich Defends People Charged with Marijuana DWI/DUI

If you were arrested for driving while impaired by marijuana, we can help.  Trusted New Jersey DWI lawyer Edward M. Janzekovich is available to answer your questions and discuss your best defense.  Call us today at 732-257-1137 or contact us online today.  We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Marijuana, Drugged Driving, DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: , , , , , , , , , , , , ,

New Jersey DUI/DWI Lawyer – Truck Drivers and DUI

April 19, 2016 by

If your family relies on your New Jersey commercial driver’s license (CDL) for income, the consequences of a DUI conviction can be devastating.  Even if you are not on the job and just driving your own personal vehicle, a DUI conviction or refusal offense will result in a one-year mandatory CDL suspension (three years if the violation occurred in a HAZMAT truck).  You will also lose your basic license for three to 12 months.  Commercial truckers convicted of a DUI are unlikely to ever find work driving a truck again.  And if you are convicted of drunk driving a second time, your CDL will be permanently revoked and you will lose your basic drivers license for two years.  At the Law Office of Edward M. Janzekovich, our goal is always to avoid a conviction for our clients.

Driving a Commercial Truck Under the Influence

As you can see, New Jersey law is harsh when it comes to truckers who drive while intoxicated in their own cars.  So you can imagine how the law treats drivers who drink before getting behind the wheel of a large commercial vehicle.  In 1990, the New Jersey Legislature cracked down on trucking safety and enacted the New Jersey Commercial Driver License Act.  Pursuant to the Act, it is illegal to operate a commercial motor vehicle in New Jersey with an alcohol concentration of 0.04 percent or more.  The legal limit for driving a passenger car in New Jersey is 0.08 percent.  This law aims to discourage truckers from consuming even small amounts of alcohol in an effort to reduce accidents and fatalities.

What is a “Commercial Motor Vehicle?”

So, it is illegal operate a commercial motor vehicle with a blood alcohol content (BAC) of more than 0.04 percent.  What if you are pulled over your RV while on vacation with a BAC of 0.05 percent, will you be charged with drunk driving?  Although RVs are large enough to constitute a “commercial motor vehicle,” the law makes an exception for certain privately owned recreational vehicles.  The following vehicles, however, will all trigger the lower 0.04 percent BAC threshold:

  • School buses
  • Passenger buses (If used to transport passengers to and from places of employment on a daily basis, even a bus with seven passenger seats will qualify as a commercial vehicle. If used less frequently, any bus designed to transport 16 or more passengers will trigger the lower BAC threshold).
  • Vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
  • Trucks displaying hazardous material placards

“Operation” of a Commercial Motor Vehicle

Trucking is a more a lifestyle than a job.  In covering long distances, drivers often sleep in their cabs at truck stops.  In New Jersey, “operation” of a motor vehicle does not require that the truck actually be moving.  The prosecutor only needs to prove that a driver intended to put the vehicle in motion, and that it was possible that the truck could be moved.  Therefore, it is possible to be charged with a DUI in a truck stop parking lot even if you never leave your cab.

Out of State Convictions

If you have been convicted of driving while intoxicated in another state, either in a truck or your personal vehicle, your New Jersey CDL will be suspended for one year.  If you are convicted a second time, your CDL will be permanently revoked.

New Jersey Commercial DWI Lawyer Edward M. Janzekovich Fights for Truck Drivers

If you are a commercial driver and you have been charged with a DUI, we understand the fear and anxiety you may be feeling.  Getting a DUI is a frightening experience for anyone, but for truckers, the stakes are even higher.  At the Law Office of Edward M. Janzekovich, we make it a priority to communicate with our clients.  We will explain what you can expect throughout the legal process and what your options are.  To speak to an experienced New Jersey DUI lawyer, call the Law Office of Edward M. Janzekovich at 732-257-1137 or contact us online today.  We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Drunk Driving, DWI - DUI, New Jersey Attorney, Truck Drivers and DUI Tagged With: , , , , , , , , , , , , , , ,

New Jersey DWI – DUI Lawyer – When Your Guests Drink and Drive

April 12, 2016 by

Imagine you have a small get together with your friends at your beach house rental, and you serve your guests alcohol.  Then imagine that one of your guests drinks a little too much, and continues to help herself to drinks even after you have observed her stumbling and slurring her words.  Later that night, she attempts to drive herself home, but collides with another car, severely injuring the other driver.  In New Jersey, the injured victim can collect damages from both you, the social host, and from your intoxicated guest who caused the accident.

This is because under New Jersey law, social hosts that serve alcoholic beverages to adult guests, knowing that they are intoxicated and will be driving, can be held liable for any injuries inflicted upon an innocent third party.  A social host is any person who invites another into their home and provides them with alcohol.  In order to be considered a social host, you need not give an express invitation—an implied invitation will suffice.  Social hosts can be held liable even when guests serve themselves at a party.  So-called “social host” laws are intended to prevent drunk driving and minimize fatalities.

Social host liability laws are derived from “dram shop” laws.  Dram shop laws enable injured victims to sue the bar when a visibly intoxicated patron was served prior to causing injury to a third party.  Many years ago, judges were exposing tavern owners to ever increasing liability by broadening the applicability of these laws on a case-by-case basis.  As a result, insurance premiums for bar owners skyrocketed.  In response, the New Jersey legislature enacted the Licensed Alcoholic Beverage Server Fair Liability Act in order to protect the rights of those who suffered losses as a result of the negligent serving of drinks.

Both social hosts and bar owners can be held liable for third party injuries, but the drunk driver can also be held liable.  This is because courts apply something called “comparative negligence” in apportioning liability.  This means that a jury will decide how much the social host (or bar owner) is to blame relative to the intoxicated driver.  One of the most hotly contested issues in these cases is how much the guest was able to appreciate the risk of harm while consuming alcohol at the party.  For example, if a host served his guests straight vodka, but described the drinks as light cocktails, the host may be responsible for paying a greater share of the compensation to any injured victims.

Social hosts that serve visibly intoxicated guests can be held liable for an injured third party’s:

  • Medical bills
  • Costs for rehabilitation and therapy
  • Lost wages
  • Property damage
  • Pain and suffering
  • Value of household and childcare services the person otherwise would have performed had they not been injured
  • Loss of consortium to the injured party’s spouse

In New Jersey, those injured as a result of negligent serving of alcohol are also entitled to punitive damages.  Punitive damages are very high damage awards designed to punish particularly egregious behavior.

If you are planning a party, it is important to consider that your guests will need to get home safely.  If you see that one of your guests is visibly intoxicated, you should either invite them to spend the night, arrange for someone to drive them home, or as a last resort, involve the authorities.

New Jersey Drunk Driving Lawyer Edward M. Janzekovich Provides Experienced DWI – DUI Defense

If you have been charged with drunk driving, there are many issues to consider.  Not only will you need a skilled lawyer to defend you against criminal drunk driving charges, but you may also be facing civil liability if anyone has been injured.  Edward M. Janzekovich has vast experience defending people just like you who have been charged with DUI.  He understands the fear and anxiety you may be feeling, and strives to give each and every client peace of mind by explaining what to expect in simple terms.  To schedule a free consultation, call us at 732-257-1137 or contact us online today.  We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

 

Filed Under: Drunk Driving, DWI - DUI, New Jersey Attorney, Social Host Laws Tagged With: , , , , , , , , , , ,

New Jersey Drunk Driving Lawyer – What is the Intoxicated Driving Program (IDP)?

April 5, 2016 by

If you are convicted of a drug or alcohol related traffic offense in New Jersey, not only will you face fines, fees, surcharges, a loss of driving privileges, and installation of an ignition interlock device, but you will also be required to participate in a program at the Intoxicated Driver Resource Center (IDRC).  This program consists of a series of classes intended to educate drivers and identify individuals who are at risk for drug addiction and alcoholism.  This mandatory program is called the Intoxicated Driving Program (IDP).

Where Is The Program Held?

The court will notify you when and where you need to go to report for your IDRC session.  New Jersey has an IDRC in every county for first and third-time offenders, and three regional centers for second-time offenders.  You will probably be required to attend IDRC classes in the county where you were convicted, and in the same town where the county court is located.

How Much Does the Program Cost?

When you are notified that your license has been suspended, you will owe additional fees to the Motor Vehicle Commission (MVC) and the IDRC for the classes, including the following charges:

  • $100 attendance fee (paid to the MVC)
  • $230 first-time offender fee (paid to the IDRC)
  • $280 second-time offender fee (paid to the IDRC)
  • $100 license restoration fee (paid to the MVC)

To check the latest information about IDRC fees and locations, see the State of New Jersey’s website here: http://www.state.nj.us/mvc/Violations/dui_Intoxicated.htm

How Long Does the Program Take?

If you are a first-time offender, you will be required to complete a 12-hour course.  Classes are usually held on weekdays.

If you are a second-time offender, you must attend a 48-hour session.  The session is usually held while you are being detained overnight on the weekend.

If you are a third-time offender, you must take a 12-48 hour class while being detained.  During the course of your detainment, you will be assessed and referred for additional treatment to be completed when you have finished the IDRC program.

The IDRC has discretion to send any driver who requires additional treatment to a 16-week-long program.

What Will I Do in the IDP?

When beginning the IDP, you will first complete a questionnaire.  Then, you will attend a series of educational classes about drunk driving.  During these classes, you may have to watch graphic video of car accidents caused by drunk drivers.  The educational component also includes active discussion periods.  Topics include social drinking and problem drinking, the stages of alcoholism, how alcohol affects our families, jobs and relationships, and basics of New Jersey drunk driving law.

You will also be assigned to a counselor, who will assess your personal situation and determine whether you need additional assistance.  Depending on the outcome of your assessment, you may be referred for counseling, an addiction treatment program or mandatory support group attendance to address the problems that lead to your DWI conviction.

The IDRC may require monitored treatment or self-help group attendance for up to one year.  If you are referred for treatment, it will be for a minimum of sixteen weeks.  These treatment programs become a part of the mandatory sentence for your DWI conviction.  Individuals are encouraged to supplement any referred treatment with his or her own meetings, such as Alcoholics Anonymous (AA).

Your driving privileges will only be restored after serving all your court and MVC-imposed suspensions, and when you have successfully completed all the IDP and IDRC requirements.

Individuals are responsible for the costs of all additional recommended services and treatment.

What If I Need to Reschedule my IDRC Appointment?

The IDRC will only accept four justifications for rescheduling appointments, each of which must be supported by appropriate documentation such as an obituary, doctor’s note or letter from your employer.  The four justifications include:

  • A personal or family health emergency;
  • Death in the family within ten days prior to the scheduled appointment;
  • A documented emergency; or
  • A family emergency.

What If I Don’t Show Up for IDRC?

If you fail to show up for IDRC without having an excused absence, fail to pay, or fail to complete the prescribed programs, you will be deemed non-compliant.  You will then be referred to the original sentencing court and the MVC for appropriate action.  You may face an extended period of license suspension, and two days in jail for failure to comply.  You will still need to complete the IDP/IDRC program.

What If I Do Not Reside in New Jersey?

Even if you live out of state, you must still comply with the IDRC requirements.  If you live within driving distance of a New Jersey IDRC, you will be scheduled to appear there.  If not, you may be given an opportunity to complete the requirements in your home state.

Take Charge of Your Future – Start Preparing Your DWI Defense Today

Respected New Jersey DWI lawyer Edward M. Janzekovich has a unique advantage over many DWI lawyers, having served over 23 years in law enforcement.  If you have been charged with drunk driving, we can use our extensive experience to your advantage.  To discuss your situation, call us at 732-257-1137 or contact us online today.  We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

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New Jersey DUI Lawyer Discusses the Use of Video Evidence in DWI Cases

March 29, 2016 by

If you are pulled over for suspected drunk driving in New Jersey, it is very likely that the police will make a video recording.  Remember that your words and actions will be videotaped from the moment an officer turns on the police car’s lights.  Even if you feel that the stop is not justified, always remain polite and compliant because a judge may later view the tape.  Although it might seem like video of a DWI arrest will seal the case against you, video evidence can actually be helpful to your defense—especially if your rights have been violated or the officers exaggerated their observations when filling out their reports.

When Are Suspects Recorded?

Currently, the New Jersey State Police record both the motor vehicle stop as well as the subsequent roadside investigation (including the field sobriety tests).  The State Police do not currently videotape suspects taking breathalyzer tests while back in custody at the State Police barracks.

On March 1, 2015, a new law took effect requiring all newly purchased municipal police cars to be equipped with mobile video recording systems.  The requirement applies to police cars primarily used for traffic stops.  Many municipal police departments record the initial stop, the roadside investigation and some even record the administration of the breathalyzer test back at the station.

Mobile Video Recording (MVR) Technology

MVR devices coordinate the operation of a video camera mounted in the police car with the overhead police lights on the top of the police car.  When the lights are turned on to pull a car over, the video starts recording.  The video is electronically time and date stamped.  Police officers wear portable remote microphones to record audio of your exchange.  Anything you say to the police will be a part of that video record.  Consequently, if you are pulled over under suspicion of drunk driving, you should not make any statements to the police until you have spoken to an experienced New Jersey DWI lawyer (except basic information like your name, address, date of birth, etc.)  You may think you are helping your case, but you cannot anticipate how your words will later be used against you in court.

Video recording systems in older police stations tend to use dated technology.  The quality of the video and sound from these older wall-mounted devices varies greatly from precinct to precinct.  Some recordings may be so poor as to be completely indecipherable.

Does the Judge Always See The Video?

The judge will not see the video unless either your attorney or the prosecutor introduces it as evidence in your trial.  In order to be admitted, the arresting officer and/or officer who administered the breathalyzer must also testify.  The judge cannot view the video of his or her own accord.

There are objections that can be raised to prevent the judge from viewing the tape or admitting it as evidence.  Most often, a defendant will object that the recording contains statements that constitute admissions, on grounds that they have not been advised of their right to remain silent.  Even if these parts of the video are redacted, other parts of the recording can still be admitted (for example video of the defendant stumbling while being fingerprinted or slurring words).

How Can the Video Help Me?

In order to affect a valid traffic stop, the police need a justifiable reason to pull you over—otherwise all the evidence subsequently gathered must be excluded at your trial.  If the police claim to have pulled you over because you were swerving erratically, but the video shows that you were not, this may be grounds for dismissal of your case.

The video recording should also capture the field sobriety tests.  If, for example, you failed the “standing on one leg” test because it was administered on challenging terrain, you may receive the benefit of the doubt in court.

If a police officer requests that a driver take a breathalyzer test, the driver cannot legally refuse.  The officer is required to read from a prepared statement when asking the driver to take the test.  If there is a dispute as to whether a driver actually refused to take the test, a video recording can clear this up.

Also, if an officer does not adhere to the required 20-minute observation period prior to administering a breathalyzer, the video can prove this, and it could be grounds for an acquittal or dismissal.

If a recording is lost or taped over, this may constitute a due process violation that requires the dismissal of your case.

New Jersey DWI Lawyer Edward M. Janzekovich Knows How to Use Video Recordings to his Clients’ Advantage

If you have been arrested for drunk driving in New Jersey, you should begin crafting your defense right away. New Jersey DUI attorney Edward M. Janzekovich is known throughout New Jersey for consistently getting positive results for his clients. To learn more about how we can help, call us at 732-257-1137 or contact us online today. We serve clients throughout New Jersey including Monmouth County, Middlesex County, and Ocean County.

Filed Under: Criminal Law, Drunk Driving, DWI - DUI, DWI Video Evidence Tagged With: , , , , , , , , , , , , , , , , , ,

New Jersey Drunk Driving Lawyer – When Your Car Is Impounded After a DWI-DUI

March 22, 2016 by

Key Facts About Vehicle Impoundment in New Jersey

If you are arrested for driving while intoxicated or for refusing to submit to a breath test, the police must impound the vehicle you were driving.  State law requires that your car be impounded for at least 12 hours.  After the 12-hour mandatory impoundment period, you can reclaim your car, or send someone to reclaim it on your behalf.  You are responsible for paying a reasonable fee for towing and storage, and your car will remain in the impound lot until you can pay the fee in full.

If you do not own the car you were arrested in, the lawful owner can reclaim their car prior to the 12-hour period provided that they can:

  • Present a valid license, proof of ownership, proof of lawful authority to operate the vehicle, and proof of current car insurance.
  • Proof that they are capable of operating the car in a safe manner and would not be in violation of any motor vehicle code.
  • Proof that the person receiving the car can comply with any other conditions for release of the vehicle established by the arresting law enforcement agency.

DWI Car Hold – John’s Law

The law that authorizes police to hold cars for up to 12 hours after a DWI is referred to as “John’s Law.”  Tragically, a young man named John R. Elliot was killed on July 22, 2000 in a head-on collision with a driver who had been charged with drunk driving earlier that evening.  John was a promising midshipman from the United States Naval Academy. John’s father persuaded lawmakers to adopt the 12-hour mandatory minimum holding period to prevent others from suffering the same fate as his late son.

The drunk driver who caused the crash, Michael Pangle, had been arrested with a blood-alcohol content of 0.21 percent earlier that night and was taken to the state police barracks.  He was released when a friend came to get him.  Just three hours after his release, he was driving the same SUV that he had been arrested in earlier that evening.  Both Pangle and Elliot were killed instantly in the crash.

The friend who picked Pangle up was charged with manslaughter, vehicular homicide and aggravated assault as an accomplice to the drunk driving accident, even though he was not in the car at the time.  His trial ended in a hung jury.

Can the Police Search Your Car While it is Impounded?

Whether the police may conduct a search of the interior of your car while it is impounded depends on the facts of your case.  Under certain circumstances, police may perform an “inventory” search of your car’s content so that your property can be accounted for and safeguarded.  If law enforcement stumble upon contraband (including drugs or weapons) during the process you may be charged with a crime.  Police cannot automatically conduct an inventory search when your car is impounded: the owner of the vehicle must first be given the opportunity to remove their property from the car.

Police can also search your impounded car if they had probable cause to conduct a warrantless search at the spot where the officers encountered the car.  For example, if police saw drugs lying on your seat when they pulled you over for swerving and arrested you for drunk driving, they can bring your car back to impound and search it there.

Officers can also search your impounded car if a judge has issued a warrant based on probable cause that evidence of a crime is located inside the vehicle.

New Jersey DWI Lawyer Edward M. Janzekovich Defends Against Drunk Driving Charges and Illegal Searches

If you have been arrested for driving under the influence, you need an experienced lawyer in your corner.  New Jersey DUI lawyer Edward M. Janzekovich has a successful track record of defending against drunk driving charges and illegal searches, such as purported “inventory” searches.  To learn more about how we can help you, call us at 732-257-1137 or contact us online today.  We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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