Underage Drinking Statistics and Penalties

April 24, 2018 by

Underage Drinking Statistics and Penalties

A comprehensive report detailing national alcohol-impaired driving statistics for the year 2016 was recently published by the National Highway Traffic Safety Administration (NHTSA), analyzing all the data that was turned into the office by public law enforcement agencies across the county. This report specifically focused on accidents and fatal crashes caused by drivers, and the data was examined based on many characteristics, including by age group and gender. The study also compared how trends have chanced over the prior ten years, looking at 2007 and 2016.

Over that time period, the number of underage drivers – drivers between the age of 16 and 20 – who were involved in a fatal crash decreased. Moreover, the number of those crashes that involved a blood alcohol content of .08% or higher also decreased, representing positive change.

Despite this decrease over time, studies continue to show that young people who drink and drive are much more likely to cause serious accidents. Furthermore, this data only included statistics for underage drivers with a BAC of .08% or higher. However, the legal drinking age is 21 years of age, in New Jersey and across the country, and a BAC of even .01% is enough to support a conviction for underage DUI or DWI, whether or not the driver is involved in a collision or crash. With prom, graduation, summer vacation, and other activities around the corner, we at the Edward M. Janzekovich law blog would like to reiterate that the best advice is to never drink and drive.

Underage Intoxicated Driving Statistics

The NHTSA report found that there were 4,412 fatal crashes in 2016 involving a driver between the ages of 16 and 20 years old. Of these, 663, or 15%, involved a BAC of .08% or higher. Across all age groups, there were 9700 fatal crashes involving a driver with a BAC of .08% or higher, meaning the number of underage fatal crashes accounted for nearly 7%.

In 2015, there were 4,214 fatal crashes involving a driver between the ages of 16 and 20 years old, and 659, or 16%, involved a BAC of .08% or higher. Both the 2015 and 2016 data represent a significant decrease from the previous decade. In 2007, there were 6,894 fatal crashes involving a driver between the ages of 16 and 20 years old, and 1,218, or 18%, involved a BAC of .08% or higher.

Legal Consequences for Underage Driving While Intoxicated

Although there has been a decrease in crashes involving underage and intoxicated drivers, the penalties in New Jersey for drinking and driving before the age of 21 remains extremely serious, and it is much easier to be convicted with the lower legal blood-alcohol limit for minors.

If convicted of DUI or DWI, an underage driver will face the following penalties:

  • Your driver’s license will be suspended for 30 to 90 days.
  • You will be required to perform 15 to 30 days of community service.
  • You will be required to attend an Intoxicated Driver Resource Center alcohol education program and/or other highway safety program.
  • You will be required to pay significant fines, fees and surcharges.
  • Your car insurance will increase significantly.
  • You could have your car impounded.
  • Your permanent record will reflect that you had a DUI/DWI conviction, that you may need to disclose on college applications, future job applications and even for financial aid requests. A drunk driving conviction could also make you permanently ineligible for certain jobs in the future.

If you or someone you know is arrested or charged with an underage DWI, failing to get the best legal representation could result in consequences that last a lifetime.

New Jersey Attorney Edward M. Janzekovich Does DUI and DWI Defense for Drivers of All Ages

If you or someone you know is arrested, charged for, or convicted of drinking and driving, it is important to know the consequences and how to present the best defense in your case. An experienced lawyer may even be able to have the charges against you dismissed. A good attorney can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DWI - DUI, Underage Drinking

Breaking News Update: NJ Governor Takes Major Action to Improve Access to Medical Marijuana

April 12, 2018 by

Medical marijuana and a doctor's prescription

This past week, New Jersey Governor Phil Murphy took a large step in the direction of legitimizing medical marijuana and increasing access across the state. Under previous Governor Chris Christie, New Jersey’s technically legal medical marijuana program was significantly handicapped. Chris Christie vocally opposed the program and explicitly proclaimed that he would not work to expand access to medicinal marijuana in any way, and, under his governance, it was difficult, if not impossible, for most individuals to obtain cannabis legally.

Since Governor Phil Murphy took office earlier this year, he made it clear that legalizing marijuana would be one of his top priorities. This week’s actions do not make marijuana fully legal, but it does make it easier for individuals to get a prescription for marijuana based on medical need, and then have that prescription filled at dispensaries located across the state.

As previously addressed here on the Edward M. Janzekovich law blog, legal possession of marijuana will not affect the fact that it is, and will continue to be, illegal to drive under the effects of marijuana or THC, the active ingredient in the marijuana plant. New Jersey’s DUI/DWI laws still make it illegal to drive while intoxicated or high, whether that intoxication or high is the result of using a legal or illegal substance, including medically prescribed drugs.

Changes to the Medical Marijuana Program

In January, Governor Murphy signed an executive order, calling on the New Jersey Department of Health to review the existing state program. This past week, the Governor announced a list of reforms that would be implemented based on this review.

These changes include:

  1. Adding five new qualifying medical conditions, including two types of chronic pain, migraines, anxiety, and Tourette’s syndrome;
  2. Decreasing registration fees for the program (decreased from $200 to $100, or lower for veterans and seniors);
  3. Permitting the six state approved dispensaries to create additional locations to better serve the increased number of program participants;
  4. Increasing the monthly permissible dosage from 2 ounces to 4 ounces;
  5. Permitting hospice patients to have an unlimited supply; and
  6. Eliminating the requirement that doctors put their names on a registry in order to prescribe medical marijuana.

These measures only account for one part of Governor Murphy’s whole plan for the future of cannabis in New Jersey. At the present, 18,574 patients, 536 physicians, and 869 caregivers are involved in the program, but the just-announced changes should increase access for thousands more. The Coalition for Medical Marijuana New Jersey anticipates that the end goal for the program would be to meet the demands of about 1 million patients.

Marijuana Impairment and Driving While Intoxicated

Although many of these changes will help pave the way for New Jersey residents to legally qualify for and obtain marijuana, this will not affect laws affecting driving while high – under the influence of THC or cannabis.

First, New Jersey statute, N.J.S.A. 39:4-49.1, states that you cannot drive a motor vehicle while in possession of any prescription medications unless you have obtained the substance or drug directly from an approved medical provider or with a valid prescription. Moreover, even if you are allowed to have it, New Jersey law does not allow any person to drive while impaired, regardless of whether or not he or she is intoxicated because of a legally prescribed or obtained medication. This means that it will not be a defense if you are part of the medical marijuana program if the state can prove that using cannabis has affected your ability to drive substantively.

Finally, it is important to note that New Jersey’s medical marijuana law does not allow persons with an out-of-state medical marijuana license to possess marijuana in the state without also having a New Jersey medical marijuana license.

Accordingly, it is important to remember that driving and using marijuana is still illegal and driving while intoxicated as the result of any substance in the state will be treated seriously and likely prosecuted, in the same way the government would treat you if you were arrested for driving drunk.

Edward M. Janzekovich Can Defend You if You Are Charged with Driving While High

If you or someone you know is charged for driving while intoxicated, drunk driving, or driving high, the possible penalties will be serious. Fighting those charges will not be easy. Finding a good attorney will be really important and can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DWI - DUI, Medical Marijuana in New Jersey

What to Do When You Have Been Stopped by the Police—Part Two

April 9, 2018 by

Things You Can Do to Make It through a Traffic Stop

Stopped-by-the-Police

When a police officer pulls you over, the first few moments can often make the difference between getting a warning and getting a citation. Here are some tips for helping you minimize the impact of being pulled over:

  • Shut off your car—Even if it’s cold outside, you need to turn off the vehicle and take the keys out of the ignition. Otherwise, you appear to be a flight risk. By willingly turning off your car, you show your willingness to cooperate.
  • Make yourself visible—If it’s dark, turn on your dome or interior light, so that the officer can see you.
  • Don’t do anything until the officer tells you to—One of the biggest mistakes people make is trying to anticipate what the officer will want. Don’t pull out your driver’s license until the policeman asks for it. Don’t fish through your glove box for your registration or proof of insurance until requested to do so. The officer may not know what you are doing and may fear that you are reaching for weapon or hiding evidence.
  • Never get out of your car unless asked to do so—This will automatically be perceived as either an aggressive act or an attempt to hide something. Stay behind the wheel unless asked to move.
  • Be as courteous as you can—Roll down the window before the officer arrives, extinguish a cigarette (if you are smoking), turn off the stereo and put down any food, beverage or other item. Let the officer initiate the conversation and answer honestly and succinctly.

Contact Attorney Edward M. Janzekovich

To schedule an appointment with an experienced New Jersey municipal court defense attorney, contact my office online or call me at 732-257-1137. There is no cost or obligation for your first meeting. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: Traffic Rules Tagged With:

Snowplow Driver and Commercial License DUI

March 28, 2018 by

Snowplow on City Street

Last week’s snow storm was (hopefully) the last of the 2018 Winter season and even marked the first day of Spring. Although the weather is starting to change and get nicer, there are some events that occurred over the last few months that could still affect us moving forward. Unfortunately, that includes the consequences of any arrests for driving while intoxicated or under the influence of alcohol or other drugs. The penalties for being found guilty of DUI/WI or Refusal to Submit to a Breathalyzer test can be devastating for any driver, especially for commercial drivers.

In the past, the Edward M. Janzekovich law blog has discussed issues that affect commercial drivers, including drivers in industries such as trucking and transportation. A recent series of events in New Jersey highlights the fact that commercial drivers in other jobs, such as snowplow drivers, can be affected by the increased strictness regarding drunk driving for commercial drivers. However, the legal issues are even more complicated when a commercial license is involved. An experienced attorney will be able to review your specific situation and may be able to help keep you from losing your commercial license.

Commercial Licenses and Legal Limit

There are many vehicles that can require a commercial license for use. These include expected vehicles such as tractor-trailers and buses and generally require Class A or Class B commercial licenses to driver. Other vehicles, such as snow plows, can become a commercial vehicle in certain circumstances, particularly if they are being used in a commercial capacity through a public or government contract. A Class C commercial license specifically includes:

  • If the vehicle is operated by, or under contract with, a public or governmental agency, or religions or other charitable organization or corporation, or is privately operated, and is used for the transportation of children to or from a school, school-connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education.

In New Jersey, if a commercial driver has a blood alcohol content (BAC) level of .04% or higher, this is sufficient for a drunk driving charge while the driver is operating a commercial vehicle. If the same driver is only using a personal vehicle when he or she is pulled over, then the normal .08% BAC limit will apply.

New Jersey Snowplow Driver and Multiple Charges

Recently, a New Jersey commercial snowplow driver was found to be operating his truck with a BAC above the .04% BAC limit for commercial drivers. This was his fourth charge for driving drunk. Normally, he would have already lost his commercial license forever, possibly losing the ability to earn a living and provide for his family and loved ones. Under the New Jersey MVC commercial driver’s license violations rules, a first conviction for drunk driving results in a one-year commercial driver’s license suspension, in addition to any other penalties. A second conviction results in a permanent loss of the commercial driver’s license, in addition to other consequences.

However, two of the driver’s previous arrests occurred over 10 and 15 years ago. An attorney could successfully argue that these past convictions occurred before the driver ever obtained his commercial driver’s license and could not count against his allowed convictions.

Unfortunately, the two newest charges are still currently pending. It is possible that the driver will lose his commercial license if he is convicted on both counts. The matters are still being investigated.

New Jersey Commercial Drunk Driving Lawyer Edward M. Janzekovich Can Help When Your Job is On the Line

A conviction for drinking and driving can mean the difference between having a job and losing the ability to earn a living. If you or someone you know is arrested, charged, or convicted of drunk driving, you want an attorney who will fight for you. A good lawyer can make all the difference. 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: Commercial License DUI - DWI, DWI - DUI

The 60-Day “Rule” and Common Misconceptions About It

March 20, 2018 by

olice officer holding a pen and doing a field sobriety test

In New Jersey, there is something called the 60-day rule for New Jersey DWI cases. Many years ago, the New Jersey administrative office of the courts issued an administrative order requiring municipal courts to conclude DWI cases within 60 days from the date the ticket was filed in the court. Does this mean that you can have your case dismissed if it is not concluded within 60 days of you getting a ticket? In reality, probably not.

Since this order was issued, the Courts have determined that 60 days is not a realistic time period within which to resolve a DWI charge. Understandably, the notion of a 60-day rule can lead to many misconceptions about how your case can be dismissed if the court doesn’t resolve it in that time period. All things considered, the 60-day “rule” is more like a guideline.

Notably, the New Jersey Supreme Court discussed the unrealistic time limitation the 60 days rule sets for DWI cases. The Court explained that when DWI cases are appropriately handled, there are many technical defenses that sometimes require the case to take 90 or more days to resolve. This is why it is important to consult an experienced DUI / DWI attorney when facing a charge of driving under the influence. An experienced attorney will know how long the discovery process (getting all of the information and evidence) will likely take, take the time to appropriately build a solid defense, and ensure the best possible result for you – which is likely to take more than 60 days. If the government does take longer than the law permits, a good lawyer will know and may even be able to have your case thrown out completely.

How a Case Proceeds Through Municipal Court

To get a better understanding of how the 60-day rule actually works, its important to understand how a drunk driving case typically moves through municipal court. Once a defense attorney or public defender receives a case, the discovery period begins. Discovery is the process under which the evidence in the case is provided for the defense. This will include the police reports, video evidence, breath tests and other vital information that will help determine the driver’s fate. When an attorney makes a request for discovery, it is possible that all of the items requested will not be provided. This may require a defense attorney to file a motion to compel the prosecution to provide the requested evidence, thus delaying the case. If the court agrees with the motion and gives a date by which the discovery must be handed over, and that date passes, the defense can request a dismissal of the case.

If everything is provided and nothing is preventing the case from moving forward, it is then that rules regarding timing come into play. A defendant is entitled to a “speedy trial” and if a case is moving slowly without any good reason, this too can be grounds for a defense lawyer to request a dismissal of the case, but this is on a case-by-case basis, and will require a greater lapse of time. While some courts do try to stick to the 60-day guideline, this can often come at the expense of proper litigation and can negatively affect the case. The defense may not have adequate time to investigate the case, talk with any witnesses, analyze all of the evidence, speak with experts, etc.

However, if there is an unreasonable delay of your case without good cause and 60 days have passed, then a knowledgeable attorney will be able to work to compel the court to get the case moving. That is why it is imperative to speak with an experienced and savvy DWI/DUI defense attorney when faced with charges for driving under the influence of drugs or alcohol, especially if you feel nothing has been happening with your case for quite some time.

New Jersey DUI / DWI Attorney Edward M. Janzekovich Can Defend You if You Are Charged with Driving Under the Influence or Driving While Intoxicated

If you or someone you know is charged with driving under the influence or driving while intoxicated, it is extremely important to contact an experienced DUI / DWI attorney who can explain your rights to you and vigorously defend you. If you go to court, an experienced lawyer can also make sure you get the best result possible or may even be able to have the charges against you dismissed entirely. A great attorney can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: 60 Day Rule, DWI - DUI

Post-Conviction Relief in DUI Cases

March 14, 2018 by

Man with drink and keys getting in a car.

In New Jersey, a conviction for driving while intoxicated is serious. No matter where you live, how old you are, or your current circumstances, charges for driving under the influence of drugs or alcohol can carry life-changing consequences. Drivers are often arrested for DUI/DWI, subsequently charged, and then can be found guilty after trial or can plead guilty to the charges, resulting in a conviction.

If you have recently been convicted of DWI it may feel hopeless and like you have no other options. However, that is where we, at the law firm of Edward M. Janzekovich come in. In certain circumstances, you may actually be able to get some relief from your drunk driving conviction, even if the trial is over or if you have already plead guilty. As a trained and experienced DUI/DWI attorney, Edward M. Janzekovich is well-versed in the area of Post-Conviction Relief and may be able to help you.

What is Post-Conviction Relief?

An application for post-conviction relief (PCR) is an attempt by a driver who has been convicted for DUI/DWI to ask the court to have that conviction erased. This generally returns a defendant to his/her respective pre-conviction position in the eyes of the court. There are few applications that can be made in municipal court that have as much usefulness in the defense of a drunk driving case as an application for PCR. Frequently, a PCR application is the only possible way of saving a defendant from a long jail term or the loss of driving privileges that may last for decades.

When are Applications for Post-Conviction Relief Made?

Generally speaking, PCR applications in drunk driving cases arise in two types of cases. First, when a defendant has been charged with a drunk driving offense that constitutes a second or third offense for sentencing purposes, a successful PCR application may permit the sentencing judge to ignore one of the defendant’s prior offense. This means that a third-time offender may be sentenced as only a second-time offender and a second-time offender may be sentenced as a first-time offender. The difference in sentencing can extremely important under the law, as subsequent offenses carry much harsher penalties.

The second type of case where a PCR application is helpful occurs when the defendant has been charged with driving on the revoked list in violation of N.J.S.A. 39:3-40. Typically, when the underlying reason for a defendant’s license suspension stems from a drunk driving or refusal to take a breathalyzer test conviction, he or she is subject to enhanced penalties like additional license suspension and a mandatory jail term. A defendant facing such consequences can use a PCR application in an effort to vacate the underlying drunk driving conviction, and therefore avoid those additional sentencing enhancements.

Additionally, an application for PCR can also be used when trying to re-license a defendant who cannot afford to pay the motor vehicle surcharges required by a DUI/DWI conviction. A defendant who can successfully vacate a drunk driving conviction through a PCR application will be excused from paying those surcharges to the Motor Vehicle Commission.

How to File an Application for Post-Conviction Relief

The rules for filing an application for PCR can be extremely confusing. For that reason, we always advise that you contact an experienced drunk driving lawyer as soon as you can if you or a loved one has been arrested, charged, or convicted of DUI/DWI. An attorney will know if there are grounds for filing a PCR application in your case or if there are other options that can be used to appeal your case first.

Furthermore, there are strict time limitations and procedural requirements that must be followed in order to have a chance at having a PCR application granted. Typically, an application for post-conviction relief must be filed within five years after the entry of judgment of conviction or the imposition of the defendant’s sentence, although the five-year deadline can be relaxed in two circumstances. First, when the application is made based upon the assertion that the defendant’s sentence was illegal. In this scenario, there is no deadline for when you can file a PCR application. Second, if the defendant can show that the reason he/she did not file the application within the five-year deadline was based on excusable neglect (things like if the defendant was not represented at trial or was unaware of his/her rights at trial) then the court can still hear the application.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help Even if You Have Already Been Convicted

If you have been charged or convicted of DWI/DUI, refusal to submit to a breath test, or driving with a restricted license, you could be facing serious penalties – jail time, heavy fines, and loss of license – that can seriously affect your ability to care and provide for yourself or your loved ones. Whether you have just been arrested or if you have already plead guilty, it is extremely important to contact an experienced attorney who can explain what rights you have. A good lawyer can make all the difference. 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

What to Do When You Have Been Stopped by the Police—Part One

March 6, 2018 by

Ways to Safely and Effectively Respond to a Traffic Stop

Stopped-by-the-Police

It’s one of those things that almost always puts a lump in your throat, whether you’ve never been pulled over or you’ve been charged on a number of occasions with drinking and driving—when you see the blue flashing lights behind you. The police generally have some discretion—you might get a ticket, but you might escape with a warning—and a lot of what happens can be based on how you initially respond. Here are some guidelines for helping minimize the negative ramifications of being pulled over.

Pull Off the Road as Soon as You Can Do So Safely

You want to pull over as soon as possible, but only in ways that will be safe for you and the officer. If you’re on a narrow and busy road, the officer will likely appreciate if you wait to pull into a parking lot or turn off. In addition, you don’t want to slam on the brakes or cut across traffic to get to the shoulder.

Many people incorrectly assume that, by pulling over quickly, you’re acknowledging that you’ve broken the law. To the contrary, it will likely indicate to the officer that you were paying attention to the road.

Obey All Traffic Laws and Signs

If you’re changing lanes or turning into a parking lot, use your turn signal. Make certain you stop at all lights or signs, and don’t make an illegal turn just to get off the road. If you do pull over to the shoulder of the road, go as far to the right as you safely can, so that the officer can come to the driver’s side without being on the road.

Contact Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call me at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: DWI - DUI Tagged With:

Hunterdon County’s New Central Booking Program for Those Arrested on Suspicion of Drunk Driving

February 26, 2018 by

empty beer bottle and car key behind bars

Here at the Edward M. Janzekovich law blog, we make it our job to pay attention to all new developments in New Jersey drunk driving news. One of those changes set to occur in the near future could drastically affect anyone arrested in Hunterdon County on suspicion of driving under the influence of alcohol or other intoxicating substances.

Beginning next month, those arrested in Hunterdon County for driving while intoxicated will automatically be taken to the Hunterdon County Justice Center. This means that if you are arrested for DUI or DWI in New Jersey, the process may soon change depending on where you live. The days of going to the local police department nearby, it seems, could be a thing of the past.

The New Program

Developed by the Hunterdon Sheriff Fred Brown and the county’s Police Chiefs Association with guidance from Hunterdon Prosecutor Anthony P. Kearns, III, the Hunterdon County will soon be pioneering a new type of program, creating a central booking system for all drunk driving arrestees at the county Justice Center. The county indicated on February 6th that the program and location should be up and running in about a month.

This new booking program is simultaneously aimed at getting drunk drivers off the road and putting more cops on the streets. Essentially, the program allows local officers around the county to transport suspected drunk drivers to the central location for testing, rather than to each municipality’s local police department.

More Officers Patrolling the Roads

Importantly, the program sets up corrections officers that will be available to secure those who have been identified as drunk until someone picks them up at the county Justice Center. New Jersey’s John’s Law currently mandates that police impound a drunk driver’s car for 12 hours, meaning someone else needs to pick up the drunk driver from the station. Notably, John’s law also establishes potential criminal liability for anyone who picks up an arrested drunk driver, and then allows them to drive again while still intoxicated. With these corrections officers on duty, the local police officers who make the arrest will be able to quickly resume their patrols, rather than staying with the arrestee, meaning it may become more difficult for anyone on New Jersey’s roads to get away with drunk driving.

Only Two Alcotest Machines for the Whole County

Alcotest machines are the breath test machines New Jersey uses to measure the Blood Alcohol Content (BAC) in someone’s blood. According to the county, two new Alcotest machines will be placed at central booking. The dedicated machines and central booking will be available to all Hunterdon police departments and State Police. They may use central booking as their primary test machine, or as a backup should their machine be made unavailable.

What This May Mean for Those Arrested on Suspicion of Drunk Driving

The new program will likely eliminate the need for the county to purchase new, updated versions of Alcotest machines for each town or city, when the technology is upgraded. This is expected to occur in the near future, as the New Jersey State Government has directed that the current Drager Alcotest 7110 machines be replaced by local Police Departments some time before 2019. This update is an important change that will take place in the near future, and it is something we have been following closely here on the Edward M. Janzekovich law blog.

Moreover, New Jersey has strict laws and guidelines regarding Alcotest machines and the processing of those suspected of drunk driving, whether it is at a local police station or a central booking location. This new program will make it easier for the state to maintain its systems and keep all machines calibrated and in working order. For anyone suspected of drinking and driving, this means it will become even more difficult to defend against those charges or have those charges dismissed.

For these reasons, we always say it is important to consult an experienced DUI/DWI attorney to understand the rights and the options available to you, as soon as you or someone you know is charged with driving under the influence.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Defend You if You Are Charged with Driving Under the Influence or Driving While Intoxicated

If you or someone you know is charged with driving under the influence or driving while intoxicated, it is extremely important to contact an experienced DUI/DWI attorney who can explain your rights to you and vigorously defend you. If you go to court, an experienced lawyer can also make sure you get the best result possible and can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Drunk Driving, DWI - DUI

When Can the Police Search Your Vehicle after a Traffic Stop?

February 13, 2018 by

Understanding Your Constitutional Rights

Police Search Your Vehicle

A law enforcement officer has pulled you over while driving, asked a few questions and then requested that you get out of the car, so that a search can be conducted. Can you refuse? Does the officer need a warrant? What are your rights and what should you do?

Your 4th Amendment Rights

Pursuant to the 4th Amendment of the U.S. Constitution, citizens have the right to be free from unreasonable searches or seizures. To be reasonable, a search must be based either on probable cause or on a warrant, which also requires a showing of probable cause. The fact that you were pulled over for speeding, reckless driving or some other moving violation is not, in and of itself, probable cause sufficient to justify a search of your vehicle.

The officer may, however, find probable cause based on the circumstances:

  • If there is evidence of illegal conduct in plain view—drug paraphernalia, open containers of alcohol, or stolen merchandise, that may be enough to justify a search.
  • If you engage in other behavior that indicates illegal activity, or that you may be hiding something—If you are slurring your word, your breath smells of alcohol, you keep looking at a certain part of the vehicle or refuse to look the officer in the eye, it may indicate that you are either under the influence or you’re hiding something

Furthermore, if the officer actually arrests you (issuing you a traffic citation does not constitute an arrest), the officer may conduct a limited search to obtain evidence to support the arrest or to protect his or her safety.

Contact Attorney Edward M. Janzekovich

To schedule an appointment with an experienced New Jersey DUI defense attorney, contact my office online or call me at 732-257-1137. There is no cost or obligation for your first meeting. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: Constitutional Rights Tagged With:

New Legislation Making It Illegal to Fly a Drone While Intoxicated

January 22, 2018 by

Pilot running drone at sunset

Here on the Edward M. Janzekovich law blog, we have discussed such topics as intoxicated driving, drunk driving, and drunk operation as it applies to cars, trucks, boats, trains, motorcycles, bicycles, construction vehicles, and heavy machinery. Considering all the laws in New Jersey against operation while intoxicated, it will probably come as no surprise that a new law will be adding drones to the list.

With new technological advances occurring every day, new and more complicated laws usually will follow. One popular technological advance requiring regulation has been the invention of the drone – remote controlled flying devices that range in value from $15 to the tens of thousands of dollars. Drones are becoming more and more a part of our everyday lives, both in personal and professional usage. Drones often include expensive high definition camera and video capabilities, but can be used for other purposes, too. Amazon, for example, along with many other companies, has invested huge sums of money in an effort to make drone delivery a reality. Likewise, hundreds of thousands of children recently unwrapped drones at Christmas that will soon be flying around.

While the law is pretty firm when it comes to drunk driving, and the consequences clear, the consequences of operating a drone drunk had previously been unclear, until now. New Jersey State legislators approved a bill that would make it illegal to fly a drone under the influence of drugs or alcohol. The Bill is not yet law, and will require approval by the Governor.

New Bill Recently Passed by New Jersey Legislature

In an effort to begin regulating just what can and cannot be done with a drone, a measure was recently passed through the New Jersey legislature that makes it a disorderly person’s offense for someone with a blood alcohol concentration (BAC) of 0.08% or more to operate a drone – the same as per se intoxication for driving a car. You can also be penalized for flying a drone while intoxicated on prescription or illegal drugs.

A conviction would carry a sentence of up to six months in prison or a $1,000 or both – varying from the penalties for drunk driving or drunk boating, which are more serious with significant fines, jail time, loss of driving privileges, and more. There are also similar penalties for the use of drones to illegally aid in hunting. Finally, the legislation also prohibits the flying of drones near correctional facilities.

This measure marks the first statewide bill addressing drone usage in New Jersey. However, the National Conference of State Legislatures reports at least 38 states are considering new such laws, including many in our area such as Pennsylvania, Maryland, New York, and South Carolina. Already, nine states prohibit drones from operating near or over prisons, including Arizona, Louisiana, Nevada, North Carolina, Oregon, South Dakota, Tennessee, Texas and Wisconsin, Essex said.

“Like any technology, drones have the ability to be used for good, but they also provide new opportunities for bad actors,” said Assemblywoman Annette Quijano of Elizabeth, New Jersey. She backed the bill punishing drunk drone flying in New Jersey.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Defend You If You are Charged with Operation While Intoxicated

If you or someone you know is charged with driving under the influence or driving while intoxicated, whether in a car, boat, or other vehicle, it is extremely important to contact an experienced DUI/DWI attorney who can explain your rights to you and vigorously defend you. If you go to court, an experienced lawyer can also make sure you get the best result possible and can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Drones, Piloting Drones While Intoxicated

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