DWI

NJ DUI Defense Attorney Warns that Insurance Premiums Could Increase as Much as 250% After a DWI Conviction

October 1, 2019 by Edward Janzekovich

Here on the Edward M. Janzekovich law blog, we regularly discuss what can happen to you if you are convicted of drunk driving, drugged driving, or driving while high. Most people are aware that consequences include jail time, loss of driving privileges, and excessive fines. However, this does not even begin to approximate the real cost of a DUI. One thing many people forget is that a conviction will also result in increased car insurance premiums.

A new report summarizes just how much your annual car insurance premium can increase after a DUI or DWI. The average car insurance premium increase in the United States is 80% for the first year after a DUI, although this can vary greatly from state-to-state. For instance, the average increase is highest in Michigan, where most drivers who are convicted of drunk driving experience a 249% increase in car insurance premiums.

New Jersey Car Insurance Increases After DUI/DWI

New Jersey already has one of the highest car insurance costs in the country with an average annual premium cost of $1,520-$1,679. According to one report, New Jersey drivers pay an average of 132% more in the year immediately following the conviction. Moreover, because the DUI conviction becomes a permanent part of your driving record, the average convicted driver will continue to pay increased premium rates long after he or she is convicted.

In New Jersey, the average convicted driver will continue to pay 75% more on car insurance – or an average of $1,273 more. This means, instead of paying $1679 for car insurance, a person who was previously convicted will pay $2,951 per year for car insurance.

High Risk Drivers Can Expect to Pay Even More

Car insurance companies classify people into different risk categories in order to determine car insurance premium costs. With regard to most factors, recent history is the most important factor. Accidents, tickets, or convictions in the most recent year will count more than something that happened five years ago.

If you are already categorized as high risk, getting a DUI or DWI increase the cost of your insurance premiums even more. For instance, a driver under the age of 25 with a DUI may pay three times as much for insurance as someone older who had a DUI 10 years ago.

Some car insurance companies may even refuse to give you insurance, in which case you will be required to obtain high risk insurance elsewhere.

Auto Insurance Costs After DUI

If you live in New Jersey, you are probably already familiar with shopping for car insurance. The amount you pay for car insurance after a DUI/ DWI can vary greatly from company to company.

A recent survey found that the following popular companies offered these average insurance rates for drivers after a drunk driving conviction.

Insurance company	Avg. rate after DUI
New Jersey Manufacturers	$1,392
Progressive	$1,745
GEICO	$1,850
Allstate	$4,872
State Farm	$6,755

However, these numbers can change quickly and will vary from person to person based on many factors. The only guarantee is that your car insurance premium will go up if you are convicted of driving while intoxicated in this state. For that reason, if you or someone you know is charged with DUI or DWI, it is important to hire an experienced attorney as soon as you can.

New Jersey Drunk Driver Defense Attorney Edward M. Janzekovich Can Help

If you or someone you know is charged with drunk driving or driving under the influence in New Jersey, it is important to speak with an experienced New Jersey DWI lawyer about your situation. You want someone who understands the real costs and penalties you are facing. A good lawyer can make all the difference. 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: DUI, DWI, DWI - DUI Tagged With: dui, dwi, DWI - DUI, dwi dui lawyer

When a Drunk Driving Offense Can Turn into a Criminal Prosecution in New Jersey

September 12, 2019 by Edward Janzekovich

As a general rule, a charge of driving while intoxicated (DWI) will not be the basis for a criminal prosecution in the state of New Jersey. In most situations, it will be booked as a motor vehicle offense, with proceedings in municipal court, much like other traffic infractions, such as speeding or reckless driving.

There are, however, circumstances where you can face criminal prosecution as a result of an arrest for drinking and driving. New Jersey law allows prosecutors to file criminal charges against anyone booked for DWI if there was a minor in the vehicle at the time of the traffic stop and arrest. The offense may be prosecuted as a misdemeanor-like offense, or may be an indictable offense, such as endangering the welfare of a child (EWC).

There is no language in the EWC statute that expressly indicates that driving under the influence with a minor in the car constitutes child endangerment, but prosecutors in New Jersey have successfully made that connection in the past.

It’s important to understand that, should you be pulled over and taken into custody for drinking and driving, while you have minors in the car, the court will have to find you guilty of drunk driving before it can find you guilty of DWI with a minor, including child endangerment. The two offenses are separate and one is contingent on the other. If you are not convicted of a DWI, you cannot be prosecuted for a DWI with a minor or for endangering the welfare of a child.

Be aware, though, that if you are detained for drunk driving and there are minors in the car, you can be charged with both DWI with a minor and with endangering the welfare of a child.

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 Tagged With: dwi

Your Case Could Be Dismissed if You’ve Been Arrested or Charged with DUI or DWI Due to Drugs

June 3, 2019 by Edward Janzekovich

As we have frequently discussed here on the Edward M. Janzekovich law blog, you can be arrested, charged, or convicted of driving while intoxicated as the result of drugs or marijuana in the same way you can be charged for drunk driving. New Jersey’s DUI and DWI laws include any form of intoxication – even from prescription medications or other legal drugs.

At the same time, as we have also discussed before on the Edward M. Janzekovich DUI/DWI blog, there are few, if any, reliable methods of testing for drug intoxication. Unlike drunk driving, which can be tested with a state mandated and prescribed breathalyzer test that follows strict rules, there are no magic tests that can detect drugged driving or current intoxication due to marijuana or other drugs.

Accordingly, the government is often forced to rely on a Drug Recognition Expert (DRE) to determine if someone is actually legally impaired after he or she has been arrested. The state must then use circumstantial or observational evidence – as opposed to scientific evidence – to support their case that the driver was actually intoxicated AT THE TIME that he or she was operating the vehicle. This type of evidence can be extremely unreliable. A good attorney will know how to attack and defend against any use of this evidence. In the end, a good attorney may even be able to get the case dismissed completely.

Many believe that the work of good attorneys in pointing out the flaws in prosecuting drugged driving cases is leading to more and more DUI/DWI cases being dismissed every year.

Why Drug Recognition Experts (DREs) are Unreliable

Since there is currently no technology that would allow a police officer to quickly determine whether or not a driver has been driving under the influence of many drugs, local police departments must rely on DREs. According to recent statistic, New Jersey has more than 500 drug recognition experts— more than any other state except California.

A DRE is a police officer who has special training in identifying if someone is intoxicated or impaired. No blood, urine, or breath tests are involved. The DRE may also receive training to determine what kind of drugs the person is on.

Since DREs rely on mostly subjective observations, their abilities are increasingly being called into question. Some of the things a DRE looks for may include droopy eyelids, dilated pupils, a racing pulse, red eyes, or slowed involuntary responses to stimuli. However, no two DREs are exactly the same. What one DRE might think is slow may not be considered slow by another DRE.

For example, one part of the DRE standard evaluation includes observations regarding muscle tone – whether a driver’s muscles appear loose, tight, rigid, or flaccid. Defense attorneys and experts have called into question this test, because there is no clear distinction between these muscle states and any differences in muscle tone can be caused by more than drugs.

Challenges in Court Have Resulted in Dismissals

For the reasons stated above, as well as for many other reasons, the reliability of DREs is being called into question – in New Jersey courts and in other places around the country. As previously discussed on this blog, there has even been a federal court case challenging the reliability of DREs. Many defendants have been wrongfully accused of driving under the influence of drugs, based on DRE evidence, even though subsequent blood tests showed no drugs in the system whatsoever.

Accordingly, if you or someone you know is ever arrested or charged with drugged driving, you have a constitutional right to challenge the evidence against you. A good lawyer will be able to review the circumstances of your case and determine if the police officers acted appropriately, including whether a DRE’s testimony is reliable. A good attorney may be able to have your case dismissed or thrown out of court completely.

New Jersey Drugged Driving Attorney Edward M. Janzekovich Will Fight for Your Rights

In order to win its case, the police and prosecutor must be able to prove that you took drugs or alcohol AND that the drugs or alcohol actually impaired your ability to drive when you were actually behind the wheel. If you or someone you know is charged with DUI or DWI, it is important to speak to an experienced attorney right away. A good lawyer can present the best defense in your case and can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 1-732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Drugs, DUI, DWI

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