Suspended License Jail Terms Must be Served Continuously

June 11, 2019 by

Man in jail cellAs previously discussed, if you are convicted of drunk driving, drugged driving, or driving high in New Jersey, one of the most serious penalties you can face is having your license suspended.  If you are subsequently convicted for driving with a suspended or revoked license, it becomes a felony offense and the Court will sentence you to jail.  This sentence could be 180 days or more!  Also, when you serve this 180-day jail sentence, there is absolutely no parole under the law.

In the past, some judges have chosen to be lenient or forgiving to defendants by letting them serve these terms intermittently, meaning that the jail sentence could be served just on certain weeknights or on weekends with breaks in between.  In the recent case of State v. Rodriguez, decided at the end of May, the New Jersey Supreme Court made it very clear that this kind of intermittent service was no longer allowed.

Intermittent Service of a Jail Term

In certain cases, New Jersey law allows a judge to issue a sentence with certain considerations, like being permitted to just serve time in jail at night or on weekends so that the defendant can continue to work and provide for his or her family or participate in training or educational programs.  Under N.J.S.A. 2C:43-2(b)(7), a judge is permitted to break up a jail term, as long as the defendant serves his or her entire sentence.  This is because periodic release during an intermittent sentence does not reduce the total time of confinement but only interrupts the days of custody.

State v. Rodriguez

In State v. Rodriguez, the Supreme Court considered five different defendants in a consolidated matter.  In all of those cases, defendants had previous DUIs/DWIs and had their licenses revoked.  They were subsequently arrested and convicted of driving on a suspended license, resulting in 180-day jail terms under N.J.S.A. 2C:40-26.  During sentencing, the trial court judge allowed three of the defendants to serve their jail sentences on the weekends, while two others served their sentences four nights per week.

State prosecutors appealed the trial judge’s decision and argued that intermittent sentencing was forbidden by the law for defendants convicted of driving with a suspended license.  The defendants countered, arguing that intermittent release for driving on a suspended license is no different than how it could be applied for any other crime under N.J.S.A. 2C:43-2(b)(7), pursuant to the judge’s discretion.  The defendants also argued that periodic service was not barred under the prohibition against early release or parole, since defendants were still required to serve all 180 days of the prison term.

The Supreme Court ultimately sided with the state prosecutors, deciding that the Drunk Driving Suspended License law requires a convicted defendant to serve his entire sentence in one continuous period.  Ultimately, this makes the penalties for drunk driving and driving on a restricted license even stricter, and makes it even more important for you to contact an experienced attorney as soon as possible if you or someone you know gets arrested, charged, or convicted of DUI, DWI or driving on a restricted license.

New Jersey Defense Attorney Edward M. Janzekovich Can Help If You’ve Been Caught Driving With a Suspended or Restricted License

If you or someone you know is arrested, charged, or convicted of driving on a restricted license as the result of a DWI or refusal to submit to a breathalyzer test, the consequences are dire.  You won’t want just any attorney to represent you.  An experienced DUI/DWI lawyer 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: Driver's License Suspension, Driving on a Suspended License

License Suspension Rules When Your Case is Being Appealed

September 18, 2017 by

Suspended License

If you are arrested and charged for a DUI or DWI, you should consult an attorney as soon as you can. An experienced drunk driving lawyer will be able to review your case, request evidence that may be time sensitive, explain to you the penalties you may be facing, and help fight the charges against you even get the charges dismissed completely.

If you have already been convicted of driving under the influence of alcohol or drugs, an attorney can still help. Although it may feel like your case is already over, an attorney may still be able to have your sentence changed or have the charges against you dismissed by filing an appeal – especially, if the municipal court committed a miscarriage of justice, meaning it did something wrong or against the rules.

Importantly, one of the most difficult penalties faced by convicted drivers is the loss of driving privileges that can cause you to miss work and not be able to provide for your family or loved ones. While your case is being appealed, an attorney can argue on your behalf so that you do not lose your license, while you are waiting to see if your conviction is overturned.

Loss of Driving Privileges

The first time you are convicted of drunk driving, you can have your license suspended for either 3 months (if your blood alcohol content is between .08% and .09%) or 7 to 12 months (if your 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, and other factors can increase the punishment, such as if the violation occurred in a school zone or caused an injury. For a second offense, the law requires you to lose your license for 2 years or longer, while you can lose your license for 10 years or more on a third conviction for DUI/DWI.

How Appeals Work

The majority of DUI/DWI convictions occur in Municipal Court. If you are appealing your initial conviction in the Municipal Court, you are asking to have a higher court, the Law Division in your county, review the lower court proceedings to make sure that there is no miscarriage of justice. The Law Division can reverse the conviction or affirm it. If it is affirmed, you may have the opportunity to appeal the case again to the Appellate Division of New Jersey or even the New Jersey Supreme Court.

Postponing License Suspension on Appeal

Last month, the New Jersey Supreme Court affirmed certain guidelines that can help drivers appealing their drunk driving convictions. Specifically, if you are convicted, the Court allows you to have the period of time you are losing your license suspended while you request to have a higher court review your case.

Postponing, or “staying,” your license suspension does not happen automatically, but if you make an application to the Law Division to stay your license suspension pending your first appeal, the Court should presumptively grant the request. The guidelines, however, provide that you will most likely not be able to stay your period of license suspension if you appeal from the Law Division to the Appellate Division or higher court. If all the higher courts affirm your conviction, you will then be required to carry out the period of license suspension.

The Courts will also look at a number of factors to determine if you are entitled to a stay of your license suspension. The government or prosecutor may argue to the court that you should lose your license immediately if you present a serious threat to the safety of any person or the community. The Court will also look at your entire criminal past and history of motor vehicle offenses, and it may limit your license while the appeal is pending. For instance, the Court may be able to restrict when you drive your car – to or from work only – or require you have an ignition interlock device installed on the vehicle. Finally, if this is not your first conviction for driving under the influence, the Court may be less likely to grant your request for a stay.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help If You’ve Been Charged or Convicted of DUI/DWI

Losing your license because you have been driving under the influence of alcohol or drugs can be devastating. If you or someone you know is charged for any DUI/DWI crime, it is extremely important to contact an experienced attorney who can explain what rights you have in your specific situation. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced 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 throughout the state of New Jersey.

Filed Under: Driver's License Suspension, License Suspension Appeals

New Jersey DUI Lawyer – Why You Can’t Expunge a DWI / DUI Conviction in New Jersey and What That Means When Applying for a New Job

February 14, 2017 by

New-Jersey-Drunk-DrivingThe law in New Jersey is different than 48 other states in that it treats a DWI/DUI as a motor vehicle offense instead of a criminal violation. As such, driving under the influence of drugs or alcohol is recorded on a driver’s Department of Motor Vehicle (DMV) records, aka a driver’s abstract.

Moreover, in New Jersey, expungements are limited to only criminal offenses, and, since DUI/ DWIs in New Jersey are traffic offenses and not criminal offenses, a conviction for drunk driving can never be expunged from someone’s driving record. Only criminal arrests or convictions that fall under the 2C code can be expunged in New Jersey. However, this rule is not entirely negative. The rule does result in the benefit of the DWI/DUI not showing on an individual’s criminal history.

Note however, this doesn’t mean convicted offenders won’t face criminal penalties. The law considers driving under the influence as a pseudo-crime or quasi crime, and the consequences can be severe, including fines and loss of driving privileges. Prison time is also possible for a DWI/DUI, and it is mandatory when a driver commits a second or third offense. For example, by New Jersey law, third-time offenders are sentenced to a prison term of 180 days or more.

DWI/DUI and its Effect on Employment Applications

Since drunk driving is not considered a criminal offense under the New Jersey criminal code, drivers who have been convicted and are applying for jobs after their conviction do not have to answer, “yes,” if the employer asks if they have ever been convicted of a crime. Sometimes, however, employers may ask if a person has been convicted of anything but a minor traffic offense. DWI convictions are considered major traffic offenses, so in those cases, an applicant with a conviction for driving under the influence of alcohol or drugs should answer truthfully that they do have a history of more than just minor traffic offenses.

Many times, potential employers conduct background checks as part of their hiring process. Such background checks usually include an applicant’s driving record (which will show the drunk driving conviction), criminal record, court records and incarceration records. New Jersey does not report DUIs to the National Crime Information Center (NCIC) — a common criminal history database that employers check – so the DUI/DWI will not show on the NCIC check.

Exceptions – When You Must Disclose Your DWI/DUI Conviction to a Potential Employer or Other Reviewer

Title VII of the Civil Rights Act of 1964 prohibits employers across the United States from denying employment to individuals with a conviction unless they can prove a compelling business reason. Certain professions, like teachers, nurses, doctors and law enforcement officials, require disclosure as a condition of employment. There are other situations where a conviction must also disclosed, such as when a person is applying for a professional license – such as a law school graduate applying for admission to a state bar.

Notably, positions that require driving have obvious compelling business reasons to discriminate against DWI/DUI offenders. Therefore, someone with a DWI/DUI conviction who is applying for a position as a commercial truck driver, cab driver, delivery truck driver, etc. should disclose their prior DWI/DUI conviction.

For all these reasons, it is especially important to hire an experienced New Jersey DUI/DWI attorney if you have been arrested or charged with drunk driving in this state. Not only do penalties include the possibility of jail time, significant fines, and loss of driving privileges – a conviction for driving while intoxicated can also result in the loss of current of future job possibilities. An experienced lawyer can help you take advantage of certain laws that can lessen the penalties you must face or may be able to have the charges against you dismissed completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Drivers Facing DUI Charges

The law regarding criminal history checks and expungements of DWI/DUI can be complicated and is different for everyone, depending on their situation. If you or someone you know is charged with drunk driving or driving under the influence in New Jersey, knowing what your rights are 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: Blood Alcohol Tests, Criminal Law, Driver's License Suspension, Driving Under the Influence of Drugs, Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, DWI Video Evidence Tagged With: ,

New Jersey DWI Attorney Discusses Auto Brewery Syndrome – Could it Be Responsible for Your DUI?

January 24, 2017 by

Auto-Brewery-SyndromeThe consequences for getting a convicted of driving under the influence of alcohol or drugs in the State of New Jersey are potentially devastating. Even a first offense can result in jail time, loss of license, fines, and the potential loss of your ability to work or provide for your family and loved ones. If you have already been convicted of one or more prior DWIs, any additional offense will result in much more devastating penalties: mandatory jail, loss of license, and other increased punishments compared to the first offense.

But what if you have been unfairly convicted because of a rare medical condition?

Auto Brewery Syndrome is a rare medical condition that could make it appear as if you have been drinking and driving, even when you haven’t. Also known as gut fermentation syndrome, the condition has even been known to lead to unfair charges for operating a motor vehicle under the influence of alcohol.

What is Auto Brewery Syndrome?

Auto Brewery Syndrome is a rare medical condition in which intoxicating amounts of ethanol – the scientific name for drinking alcohol – is spontaneously made within a person’s body in their digestive system. It is potentially caused by having an unusually large amount of active yeast in the body – possibly brewer’s yeast, also known as saccharomyces cerevisiae, which is normally used to turn sugars into alcohol when making beer or other liquors. An excess of yeast in the gastrointestinal tract can sometimes lead to a person’s body turning into its own brewery – making alcohol from sugar inside the body and getting a person drunk even when they have not had any alcohol to drink.

Brewer’s yeast can be found in a great many places, including breads, wine and beer. Usually, it just passes through the body harmlessly. In very rare cases, it takes up residence in the intestines and can multiply, leading to Auto Brewery Syndrome. Although researchers do not know the exact cause for the condition, some speculate that it can affect some individuals after taking antibiotics and leading to an intestinal imbalance.

Known Cases of Auto Brewery Syndrome

In one known case of Auto Brewery Syndrome, a man in Texas showed up to the Emergency Room complaining of dizziness. A quick test revealed he had a Blood Alcohol Content (BAC) of .37% – almost five times the legal limit for driving in the state. However, the man claimed he had not had a drop of alcohol. This was not the first time it had happened to him, either. After performing some studies on him, the doctors were able to confirm he had Auto Brewery Syndrome when they gave him a .12% BAC without drinking any alcohol, simply by feeding him carbohydrate rich foods.

Could Auto Brewery Syndrome Be the Cause of Your DUI?

Although Auto Brewery Syndrome is still not well-understood by the scientific and medical community, there are some cases where it has been used as a defense against drunk driving charges. Proving such a case can be very difficult, however, because the condition is not well-known and courts will be skeptical as to any defendant who claims he or she had a BAC over the legal limit but was not actually drinking. Evidence in such a case will need to include expert testimony from a doctor or other expert who can verify that a defendant suffers from the condition. If you suspect you or someone you know has Auto Brewery Syndrome, it is important to consult a physician to have any symptoms well-documented.

Furthermore, if you or someone you know has been arrested or charged with DUI/DWI, it is important to consult an experienced attorney immediately. A lawyer who specializes in drunk driving law will be able to review your case, look for rare circumstances such as Auto Brewery Syndrome, and help to prepare the best defense possible. With the right evidence, an experienced drunk driving attorney may be able to have the charges against you dropped completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help, Even in Complicated Drunk Driving Cases

A charge for driving under the influence of alcohol is extremely serious and defending those cases often involve complicated evidentiary issues. For that reason, it is important to consult a drunk driving lawyer who understands and can review your case completely. An experienced DWI/DUI attorney 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 throughout the state of New Jersey.

Filed Under: Blood Alcohol Tests, Driver's License Suspension, Driving Under the Influence of Drugs, Drunk Driving, DWI - DUI Tagged With: ,

When Police Officers “Run Your License Plate” – Stops from Mobile Data Terminals

October 6, 2016 by

Man being pulled over by police

Police officers regularly run license plate checks – also known as “running your license plate” – for many reasons including to see if a vehicle is stolen, to find out more information about a vehicle or its driver after a stop, or to determine the ownership of the vehicle if it is abandoned.

In fact, officers have the right to check license plates randomly while on routine patrol for no specific reason whatsoever. In order to perform a vehicle license plate or registration check, police officers use special laptop computers called a mobile data terminal to discover information about people and motor vehicles quickly. Subsequently, these checks often lead to other evidence of criminal activity – including whether a vehicle is currently owned by a driver on the revoked or suspended driving list.

Mobile data terminals can provide detailed information about active arrest warrants, records from the New Jersey Motor Vehicle Commission, and alerts in the National Crime Information Center. Law enforcement consider mobile data terminals an invaluable crime-fighting tool for police agencies in New Jersey.

Are Random License Plate Checks Legal?

As a driver, you may be wondering if it is legal for a police officer to run your license plate if you have not done anything wrong or suspicious. In New York v. Class, the United States Supreme Court essentially held that people have no expectation of privacy in their license plate numbers, which are displayed for ease of view both day and night. Therefore, police officers do not need to act reasonably to select a license plate to research in a mobile data terminal – they can act based on suspicion or even randomly.

Limits on License Plate Checks and Information

There are limits on how a police officer can conduct a license plate check, however. First, in State v. Segars, the New Jersey Supreme Court made it clear that a police officer cannot run a license plate check for racial or ethnic reasons, meaning an officer cannot run your plates just because you are Black, White, Hispanic, Asian, or any other race. If you feel you have been targeted for a license plate check for a prohibited reason, it is extremely important to obtain an experienced attorney, because the defendant bears the burden of showing that a check was made with discriminatory intent.

Second, in the case of State v. Donis, the New Jersey Supreme Court established that a license plate check can only reveal basic information, such as the registration status of the vehicle and the license status of the owner of the vehicle – no other personal information can be revealed based on an initial search. If the officer then finds that the vehicle is unregistered, stolen, or otherwise prohibited from being on the roadway, then he or she may access personal information of the owner. The officer may also access personal information if the owner is unlicensed or on the revoked list.

How You can Be Charged for a Crime Based on a License Plate Check

If you are a driver on the suspended or revoked license list, it is important to recognize that a mobile data terminal will report that the license plate of a vehicle belongs to a driver on the revoked list or who is unlicensed. In State v. Donis, the New Jersey Supreme Court noted that this information, paired with information that the driver of the vehicle matched the owner of the vehicle, gives a police officer reasonable suspicion to pull a vehicle over and conduct further investigation.

Therefore, even if you are being completely careful, obeying every driving law, and performing no suspicious actions, you can still be pulled over if you have any vehicle restrictions associated with your license plate. This could lead to you being charged with driving with a revoked license, or to the police officer discovering that you are driving under the influence of alcohol or drugs.

The consequences of driving with a suspended license as well as drunk driving are very serious and can include fines, further loss of driving privileges, and even jail time.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Explain and Fight for Your Rights

If you or someone you know is pulled over based on a license plate check and you are charged with a crime, it is extremely important to contact an experienced DUI / DWI attorney who can explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you 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: Driver's License Suspension, Driving on a Revoked License, Driving on a Suspended License

Why Sentencing Can Be Complicated if You Are Convicted of Driving with a Revoked or Suspended License

September 27, 2016 by

Person being handcuffed

One of the harshest punishments involved with driving under the influence of alcohol or drugs is losing one’s driving privileges after a driver is convicted. When your license becomes revoked or suspended, you may lose your ability to drive to work and earn money to support your family —New Jersey does not allow for any temporary, provisional or “work” licenses. Suspension can also affect your ability to take your children to school, go to the supermarket, and do other things that seem essential. You may be on the revoked list for many reasons, and, regardless of the reason for your suspension, if your license has been revoked, the law says you cannot operate a motor vehicle in New Jersey during the period of your suspension for any reason.

Nevertheless, many people decide to drive without a valid license, every day. Thousands of drivers on the revoked list are pulled over for routine traffic stops every year in New Jersey, and if you are convicted of driving with a revoked license, you can face additional and severe consequences.

Unfortunately, sentencing issues for drivers who are convicted of driving on the revoked list presents many challenges, even for professionals who deal with DUI / DWI questions every day like judges and lawyers. There are three reasons why difficulties with this area of law exist. First, the statute that governs driving on the revoked list is somewhat unclear, and can require conflicting sentencing alternatives in certain situations. Second, judicial opinions written by the various Courts of the State of New Jersey have disagreed with each other in the past, and new laws sometimes make old cases inapplicable with a law change that happened after the case was decided. Finally, the law has failed to address how a driver should be sentenced if more than one of the sentencing enhancements written into the law applies.

Because this area of law is so complicated, it can become very important for you obtain an experienced DUI/DWI attorney to represent you, because a lawyer who understands these issues will be best prepared to get you the best result when your case goes to court.

An Example of Contradictory Mandates and Court Opinions

The driving with a suspended or revoked license law, N.J.S.A. 39:3-40, sets forth certain general punishments for anyone who is convicted of driving with a suspended license. There are also special provisions in the law that apply depending on how, why, or how many times your license has been suspended, and these may increase or decrease your punishment, or provide you with an alternative punishment such as paying a fine and pleading to a different charge completely.

In State v. Wrotny, which was decided in 1987, the Court determined that the special provisions included additional consequences that should be applied in addition to the general punishments. However, in State v. Rought (1987) and State v. Walsh (1989), the Court determined that the special provisions replaced the punishments set forth in the general provisions. Newer cases may agree or disagree with any of these cases, or may set forth a new rule entirely. For that reason, if you are charged with driving with a suspended license, it can be almost impossible to understand what is at stake if you are not experienced and completely familiar with DUI/DWI law.

An Example of Difficulty with Enhancements

If you are pulled over and found to be driving with a revoked license, you could also be facing jail time if convicted. How much jail time? There may not be a straight-forward answer.

For instance, if you are convicted of driving with a suspended license, and have had two prior convictions for driving on the revoked list, you would normally face a jail sentence of ten days and a set fine of $1000. However, certain circumstances can enhance your jail sentence if you were on the revoked list as a result of a drunk driving conviction that included an injury to another person that also happened to be within 1000 feet of a school, you could face multiple enhancements that increase your jail time to 60 days or 90 days, or more depending on if the jail sentences are added together or substituted for the original ten-day sentence. Likewise, your monetary fine could stay the same, be doubled, or tripled, or more depending on how the law is read.

The Need for an Experienced DWI / DUI Attorney

At the end of the day, if you are charged with driving with a suspended or revoked license, you are will be facing serious penalties no matter what. Nonetheless, the question of whether you lose your license for an additional 6 months or 30 months is extremely important, and the issues may not be something you can understand if you wait until you go to court to ask a prosecutor or judge for an explanation. Because this area of law is so confusing, an experienced drunk driving lawyer will be able to take the time, sit down with you and review your case, and explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you the best result possible.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Explain and Fight for Your Rights

A charge for operating a motor vehicle with a revoked or suspended license can result in serious and complicated penalties that affect you and your loved ones. If you are charged with driving with a suspended or revoked license in New Jersey, an experienced DWI / DUI attorney 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 throughout the state of New Jersey.

Filed Under: Driver's License Suspension, Driving on a Revoked License, Driving on a Suspended License, DWI - DUI

AUTOMOBILES — DRUNK DRIVING — LICENSE SUSPENSION

October 25, 2012 by

05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was convicted of his first DUI on May 28, 1986, his second on November 2, 1990, his third on December 19, 1992, and the fourth on September 21, 2011. The first three offenses occurred in New Jersey; the fourth occurred in Arizona.

On appeal, appellant notes that the driving history provided with the notice of suspension contained only one prior alcohol-related motor vehicle offense dating back to December 19, 1992. He argues that, as a matter of procedural due process, he is entitled to an agency hearing to evaluate the legal and factual bases for the imposition of a 3,650-day suspension. The appellate panel disagrees and affirms the suspension. Appellant does not contest that he has been convicted of DUI on four occasions, nor does he raise any legal issues to be addressed by the MVC. Rather, appellant merely contends that the MVC did not provide him with proof of all four of his DUI convictions when it initially issued the suspension notice. Since no disputed issues of material fact existed, and no legal issues were raised, no evidentiary hearing was required before the mandatory suspension was imposed.

Source – NJSBA Daily Briefing

Filed Under: Criminal Law, Driver's License Suspension, Drunk Driving Tagged With: , , , , , ,

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