Actor Vince Vaughn Found Guilty After Drunk Driving Arrest at Sobriety Checkpoint

May 7, 2019 by

Lit up police car lights at night

Well-known Hollywood celebrity, actor, and comedian, Vince Vaughn, was convicted on charges of reckless driving this week, stemming from his arrest for at a DUI checkpoint in Manhattan Beach, California last June.  Because the arrest occurred in California, Mr. Vaughn’s attorney was able to negotiate a plea deal on his behalf to reduced charges and no jail time.  The arrest occurred after Mr. Vaughn was stopped at a DUI check point, also known as a sobriety checkpoint.

If the arrest had occurred in New Jersey, Mr. Vaughn would have likely been subject to increased charges and consequences.  This news comes at a particularly relevant time as some Central Jersey and North Jersey towns and counties are preparing to increase DWI checkpoint usage.

Vince Vaughn’s Arrest

Vince Vaughn is an American actor, producer, screenwriter, and comedian who is most well-known for his roles in the films Old School, Dodgeball: A True Underdog Story, and Wedding Crashers, as well as in the second season of the HBO series True Detective.

Last June, Vaughn was pulled over a DUI checkpoint in Manhattan Beach, California at 4 a.m.  Reports indicated that, at the time of the arrest, Mr. Vaughn refused to exit his vehicle repeatedly when asked to do so.  When he finally did exit the vehicle, he reportedly failed a sobriety test and a subsequent blood alcohol test.

Vaughn originally faced serious charges for driving under the influence.  His attorney was able to negotiate a plea on his behalf and he plead “no contest” to alcohol-related reckless driving with three years of probation and attendance in a three-month program.

New Jersey Checkpoints

In New Jersey, police officers are permitted to establish sobriety checkpoints as long as the checkpoint was created based on certain legal requirements, including that the checkpoint must be clearly identified and publicly identified.  Cars must be randomly or neutrally selected for stops and inspection (meaning all cars must be stopped or every third car must be stopped, but police officers cannot single out certain vehicles).  Once a car is stopped, the length of the stop must be reasonable.

Unlike a traffic stop, police officers do not need reasonable suspicion to stop a car at a DUI checkpoint.

However, a police officer will still need consent or probably cause to further detain or search a vehicle beyond a preliminary stop and investigation.  That means that a driver must consent to have his or her vehicle searched, or the officer will need to have seen signs of intoxication.

South Brunswick and Middlesex County Checkpoints

The South Brunswick Police Department and Middlesex County Prosecutor’s office have already indicated that officers in these areas will increase drunk driving patrol efforts over the following weeks, in light of prom and graduation season.  Without a doubt, other counties and police departments across the state will follow suit as summer draws near.

One of the tools used by these law enforcement agencies will be DWI checks.  The South Brunswick Police have indicated that they will even begin to place these on major roadways like Rt. 1.  Since the beginning of 2019, South Brunswick Township reports show that 32 people were arrested for driving while impaired and eight motor vehicle crashes have been attributed to impaired driving in that town alone.

New Jersey DUI / DWI Lawyer Edward M. Janzekovich Can help if You’ve Been Arrested

Here at the Edward M. Janzekovich law offices, we know that an arrest for drunk driving could change your life.  If you or someone you know has been charged, arrested, or convicted of DUI or DWI related to drugs or alcohol, it is important to have an experienced attorney review your case as soon as possible.  Hiring the right 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: DWI - DUI, DWI & DUI Checkpoints

Vince Vaughn Charged Over Weekend with DUI at Checkpoint

September 11, 2018 by

DUI Checkpoint

Actor and Hollywood Celebrity Vince Vaughn was charged on Friday with driving under the influence of alcohol. The charges were announced by Los Angeles County prosecutors arising from a June 10 stop at a DUI checkpoint in Manhattan Beach, California. He received three charges: misdemeanor driving under the influence of an alcoholic beverage, misdemeanor driving with a blood alcohol level of .08 or higher, and misdemeanor refusing to comply with police.

Although New Jersey’s intoxicated driving law is different than California’s, the nationwide legal limit for blood alcohol content (BAC) is the same at .08% BAC. If you are caught driving with a .08% BAC or higher anywhere in the state, you will likely face charges for driving under the influence under the state’s laws, which do not include different charges for driving under the influence of alcohol and driving while intoxicated as a result of any other substance.

If you or someone you know is arrested, charged, or convicted of DUI or DWI in the state, it is important to consult an experienced lawyer as soon as possible, because establishing a good defense can be complicated and time sensitive.

Vince Vaughn’s Arrest at a DUI Checkpoint

Vince Vaugh, the actor and comedian well-known for his roles in such films as Wedding Crashers and Dodgeball, apparently refused to get out of his vehicle when he arrived as sobriety checkpoint this summer. He subsequently failed a field sobriety test, and the results of the test were captured on a police officer’s body camera. Vaughn then also failed a blood alcohol content test showing that his BAC was .08% or higher.

The fact that he was caught on camera failing his sobriety test is important. As previously discussed on the Edward M. Janzekovich law blog, the standard field sobriety tests in New Jersey can include walking-and-turning in a straight line, standing on one foot, and performing a horizontal gaze nystagmus test. Failing these tests can provide an independent basis for the charges of drunk driving. This is in addition to failing the blood alcohol test, which was likely a breathalyzer test.

Misdemeanor DUI

On Friday, Vaughn was charged with misdemeanor DUI based on this incident. Misdemeanor DUI is charged in California for first, second, or third incidents of drunk driving wherein there is no accident or injury. Fourth or subsequent incidents, or incidents wherein there is an accident or injury may be charged as a Felony DUI.

In New Jersey, the law does not differentiate between misdemeanor (disorderly persons) or felony DUI, as drunk driving is considered a quasi-criminal offense in the state. Nonetheless, the penalties remain extremely serious and can include jail time, as well as severe fines and lengthy loss of driving privileges. Because it is considered quasi-criminal, a DUI conviction will also remain on a person’s permanent driver’s record. At the same time, a drunk driving that results in an accident or injury in New Jersey can result in additional charges depending on the specific circumstances.

If you or someone you know has been charged with driving under the influence of alcohol or drugs, you should contact a knowledgeable attorney immediately. Depending on the circumstances of your arrest, you could be facing significant charges and consequences. A good lawyer will be able to review your situation, identify the best defenses, and may even be able to have the charges against you dismissed completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Fight Your DUI Charges

Every person is different and every DUI or DWI case is different. If you or someone you know is charged with drunk driving or driving under the influence of any substance in New Jersey, you will want an attorney who gives you individual attention and advice that can help. 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 throughout the state of New Jersey.

Filed Under: Drunk Driving, DWI & DUI Checkpoints

National “DRIVE SOBER OR GET PULLED OVER” Holiday DUI Crackdown

December 22, 2017 by

Drunk Driver being pulled over by police cops

The National Highway Traffic Safety Administration (NHTSA) has launched a nation-wide campaign to combat intoxicated driving this holiday season.  The goal of the crackdown is to help police agencies throughout the country mobilize during the holiday season, as well as raise public awareness regarding the dangers of impaired driving through a combination of targeted media activities and high-visibility enforcement.  Because of the program, Federal funding will go towards helping police departments across the United States combat drunk driving.

The NJ Division of Highway Traffic Safety has been an active participant in the program.  To that end, police departments across the state have been invited to support the initiative and apply for additional funding.  151 different departments received overtime enforcement grants that will allow them to receive around $5,500 in additional funding that can specifically be used between December 8, 2017 and January 1, 2018, just in time to catch any holiday inspired DUI or DWIs that occur every year due to holidays like Christmas, Hanukkah, Kwanzaa, and New Year’s Eve.  This means that you can expect even more DUI checkpoints and police officers looking for signs of inebriated driving in these areas during the 2017-2018 winter season.

Final List of Police Agencies Receiving Grants

The full list of Townships receiving additional overtime funding during the holidays are as follows:

CountyPolice DepartmentGrant Amount
AtlanticAtlantic Highlands PD$5,500.00
AtlanticEgg Harbor Twp PD$5,500.00
AtlanticGalloway PD$5,500.00
AtlanticHamilton PD$5,500.00
AtlanticHammonton PD$5,500.00
AtlanticMullica PD$5,500.00
AtlanticPleasantville PD$5,500.00
BergenBergenfield PD$5,500.00
BergenEdgewater PD$5,500.00
BergenEmerson PD$5,500.00
BergenFort Lee PD$5,500.00
BergenGarfield PD$5,500.00
BergenHackensack PD$5,500.00
BergenHillsdale PD$5,500.00
BergenHo-Ho-Kus PD$5,500.00
BergenLyndhurst PD$5,500.00
BergenMahwah PD$5,500.00
BergenMaywood PD$5,500.00
BergenNorth Arlington PD$5,500.00
BergenOradell PD$5,500.00
BergenPalisades Interstate Parkway PD$5,500.00
BergenParamus PD$5,500.00
BergenRidgefield Park PD$5,500.00
BergenRidgewood PD$5,500.00
BergenRiver Vale PD$5,500.00
BergenSaddle River PD$5,500.00
BergenSouth Hackensack PD$5,500.00
BergenTeaneck PD$5,500.00
BergenWyckoff PD$5,500.00
BurlingtonBurlington Twp PD$5,500.00
BurlingtonCinnaminson PD$5,500.00
BurlingtonEvesham PD$5,500.00
BurlingtonMedford PD$5,500.00
BurlingtonNew Hanover PD$5,500.00
BurlingtonRiverside PD$5,500.00
BurlingtonWestampton PD$5,500.00
CamdenBarrington PD$5,500.00
CamdenBrooklawn PD$5,500.00
CamdenCherry Hill PD$5,500.00
CamdenDelaware River and Port Authority$5,500.00
CamdenGloucester Twp PD$5,500.00
CamdenHaddon Heights PD$5,500.00
CamdenPine Hill PD$5,500.00
Cape MayLower PD$5,500.00
CumberlandMillville PD$5,500.00
CumberlandVineland PD$5,500.00
EssexBelleville PD$5,500.00
EssexBloomfield PD$5,500.00
EssexEssex County Sheriff$5,500.00
EssexGlen Ridge PD$5,500.00
GloucesterClayton PD$1,100.00
GloucesterDeptford PD$6,820.00
GloucesterGlassboro PD$6,820.00
GloucesterGreenwich PD$1,100.00
GloucesterHarrison PD$1,980.00
GloucesterLogan PD$1,100.00
GloucesterMantua PD$4,840.00
GloucesterMonroe PD$4,840.00
GloucesterPitman PD$1,100.00
GloucesterWashington PD$6,820.00
GloucesterWestville PD$1,980.00
GloucesterWoodbury Heights PD$1,100.00
GloucesterWoodbury PD$6,820.00
GloucesterWoolwich PD$2,640.00
HudsonGuttenberg PD$5,500.00
HudsonHarrison PD$5,500.00
HudsonHoboken PD$5,500.00
HudsonHudson County Sheriff$5,500.00
HudsonNorth Bergen Twp PD$5,500.00
HudsonSecaucus PD$5,500.00
HudsonUnion City PD$5,500.00
HudsonWest New York PD$5,500.00
HunterdonClinton PD$4,400.00
HunterdonClinton Twp PD$5,500.00
HunterdonFlemington PD$4,950.00
MercerEast Windsor PD$5,500.00
MercerEwing PD$5,500.00
MercerHamilton PD$5,500.00
MercerHightstown PD$5,500.00
MercerLawrence PD$5,500.00
MiddlesexCarteret PD$5,500.00
MiddlesexDunellen PD$5,500.00
MiddlesexEast Brunswick PD$5,500.00
MiddlesexEdison PD$5,500.00
MiddlesexMonroe PD$5,500.00
MiddlesexNew Brunswick PD$5,500.00
MiddlesexNorth Brunswick PD$5,500.00
MiddlesexOld Bridge PD$5,500.00
MiddlesexPiscataway PD$5,500.00
MiddlesexPlainsboro PD$5,500.00
MiddlesexSouth Brunswick PD$5,500.00
MiddlesexSouth River PD$5,500.00
MiddlesexSpotswood PD$5,500.00
MiddlesexWoodbridge PD$5,500.00
MonmouthAllentown PD$5,500.00
MonmouthDeal PD$5,500.00
MonmouthEatontown PD$5,500.00
MonmouthHolmdel PD$5,500.00
MonmouthKeansburg PD$5,500.00
MonmouthKeyport PD$5,500.00
MonmouthMiddletown PD$5,500.00
MonmouthMonmouth County Sheriff$5,500.00
MonmouthNeptune PD$5,500.00
MonmouthOcean PD$5,500.00
MonmouthSea Bright PD$5,500.00
MonmouthSea Girt PD$5,500.00
MonmouthSpring Lake Heights PD$5,500.00
MonmouthUnion Beach PD$5,500.00
MorrisBoonton PD$5,500.00
MorrisDenville PD$5,500.00
MorrisFlorham Park PD$5,500.00
MorrisHanover PD$5,500.00
MorrisJefferson PD$5,500.00
MorrisMorris County Park Police$5,500.00
MorrisMorris Plains PD$5,500.00
MorrisMorris Twp PD$5,500.00
MorrisMount Olive PD$5,500.00
MorrisRandolph PD$5,500.00
MorrisRockaway PD$5,500.00
OceanBarnegat PD$5,500.00
OceanBay Head PD$5,500.00
OceanJackson PD$5,500.00
OceanLakehurst PD$5,500.00
OceanManchester PD$5,500.00
OceanMantoloking PD$5,500.00
OceanGate PD$5,500.00
OceanPoint Pleasant Beach PD$5,500.00
OceanPoint Pleasant PD$5,500.00
PassaicBloomingdale PD$5,500.00
PassaicClifton PD$5,500.00
PassaicHawthorne PD$5,500.00
PassaicPassaic PD$5,500.00
SalemPenns Grove PD$5,500.00
SomersetBedminster PD$1,980.00
SomersetBernards PD$5,500.00
SomersetBernardsville PD$1,650.00
SomersetBound Brook PD$5,500.00
SomersetBranchburg PD$5,500.00
SomersetBridgewater PD$1,100.00
SomersetFar Hills PD$5,500.00
SomersetFranklin PD$5,500.00
SomersetGreen Brook PD$5,500.00
SomersetHillsborough PD$4,400.00
SomersetManville PD$5,500.00
SomersetMontgomery PD$5,500.00
SomersetNorth Plainfield PD$3,300.00
SomersetPeapack Gladstone PD$5,500.00
SomersetSomerset County Sheriff$5,500.00
SomersetSomerville PD$1,870.00
SomersetSouth Bound Brook PD$880.00
SomersetWarren PD$5,500.00
SomersetWatchung PD$5,500.00
SussexHopatcong PD$5,500.00
SussexSparta PD$5,500.00
SussexVernon PD$5,500.00
UnionCranford PD$5,500.00
UnionLinden PD$5,500.00
UnionRahway PD$5,500.00
UnionRoselle Park PD$5,500.00
UnionUnion PD$5,500.00
WarrenHackettstown PD$5,500.00
WarrenWashington Twp PD$770.00

What To Expect Because of the National Campaign

Between now and New Year’s Day, you can expect extra police officers in the listed townships, as well as possibly in other municipalities, to be on high alert for any signs of suspicious driving that can be associated with intoxication.  This can come in the form of DUI checkpoints near bars, restaurants, or other places where lots of people will be drinking, as well as extra police cars on patrol on New Jersey roads and highways.  Because of the program, police officers will be more likely than normal to make an arrest if a driver exhibits any signs of intoxication.

Therefore, if you plan to go out and drink or party before January 1, 2018, you should have a designated driver or take a taxi or Uber.  Safe and sober driving is especially important because, even if you don’t get in an accident and hurt yourself or others, you run the risk of getting arrested for drunk driving every time you choose to have even one drink and get behind the wheel.

Remember, one mistake, such as thinking you can drive when your blood alcohol content (BAC) is actually above .08%, can result in serious consequences – such as fines, jail time, or loss of driving privileges – that affect you for years to come.

New Jersey DUI/DWI Lawyer Edward M. Janzekovich Can Help if You Are Pulled Over During the Holidays

Not only should you be extra careful so that you can keep yourself and your loved ones safe, you should also be aware that police officers and government officials are on high alert for any potential drunk or intoxicated drivers during the holidays.  If you or someone you know is charged for any crime relating to driving under the influence of alcohol or drugs, it is extremely important to contact an experienced DUI/DWI attorney immediately. A good drunk driving 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: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints

Avoid the HORROR of a DUI Charge This Halloween

October 17, 2017 by

Car Keys and Alcoholic Drink

When you think of Halloween, do you think of kids and candy and costumes? Or, like many adults, has Halloween also become a time for mature fun, partying, and maybe one too many drinks?

If you are part of the latter, you might not be surprised to hear that over a third of adults plan to attend a party at the end of this month, according to a survey by the National Retail Federation. It is also well-known in the restaurant/bar industry that Halloween is the second-best holiday, behind only Christmas, in terms of dollars spent on drinking out.

Of course, if both the retail and food-service industries are aware of these facts, then so are the police departments and government agencies patrolling the roads to keep them safe at the end of October. Expect officers and patrolmen to be on high-alert for anyone showing signs of intoxicated driving for the rest of the month – and for good reason, too, as the National Highway Traffic Safety Administration (NHTSA) found that more than half (51%) of all national fatalities occurring on Halloween night from 2008-2012 occurred as a result of a drunk driving-related crash.

What Nights Should You Be Most Aware Of?

This year, Halloween falls on Tuesday, October 31. For all the reasons stated above, there will be many drunk drivers on the road, particularly after the trick-or-treaters finish making their rounds. At the same time, the Friday and Saturday nights before and after the holiday are also well-known nationwide for being a particularly deadly time, because those are the nights when parties, bar crawls, and other festivities are most likely to occur. Towns and municipalities across the state will be strictly enforcing all driving laws and looking out for suspicious activity for the rest of the month, but especially on those days.

Where Will Heightened DUI and DWI Enforcement Occur?

Expect police officers to be on the look-out across the state, but especially in places where there will be many teenagers and young-adults. Bars and neighborhoods in or around where colleges will be the most likely settings for a drunk driving arrest. This is because Halloween parties that include excessive drinking are especially popular amongst young adults in their 20s and early 30s – and males ages 21-34 are the most likely demographic to be involved in a fatal, intoxication-related accident around Halloween.

Other popular locations include near any large bars or locations where a known Halloween party will be occurring. Although this might seem obvious, municipalities purposely create DUI checkpoints near known drinking establishments – in the hopes of deterring drinking and driving as well as in order to catch anyone who might be too intoxicated to drive.

What Precautions Should You Take

If you plan on going our drinking or partying this Halloween season, the best thing you can do for yourself and your loved ones is to have a plan to get home safe. If you cannot designate a reliable or sober driver, be prepared to call a taxi, Uber, or Lyft to get home. If you drive to the bar, most bars will have no problem with you leaving the car in the parking lot overnight if you are too drunk to drive home. Remember, if you are found sleeping in your car in the bar parking lot, a police officer may think that you were preparing to drive drunk, even if your plan was to sleep it off.

The most important thing to remember is that, even if you think you can get home safely, if you are pulled over or stopped at a police checkpoint with a blood alcohol content (BAC) of .08% or greater, or if a police officer smells alcohol on your breath and thinks you are showing visible signs of intoxication, you could lose your license, be fined, go to jail, and otherwise lose your ability to provide for you family and loved ones. These are extremely serious consequences that could affect you for a lifetime.

If you or someone you know is arrested or charged with drunk driving, you should contact an experienced lawyer immediately. A drunk driving attorney will be able to review your case and may even be able to have the charges dropped completely.

New Jersey DUI-DWI Lawyer Edward M. Janzekovich Can Help if You’ve Been Charged with Drunk Driving

When you or someone you know gets arrested or charged with driving while intoxicated, things could feel extremely scary. You probably won’t know what to do or even what consequences you might be facing. An experienced DUI/DWI attorney can help by reviewing your case, explaining the potential penalties, and presenting the best case in your defense. A good 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: Drunk Driving, DWI & DUI Checkpoints

Forced Blood Draws for Drunk Driving Suspects

October 5, 2017 by

Miniature car with alcohol bottle, handcuffs and legal scales

The topic of forced blood draws has recently been in the headlines after video was released of a Utah hospital nurse who was placed in handcuffs and threatened with arrest after refusing a police officer’s request to take a blood sample from an unconscious patient.

A few weeks ago, Salt Lake City Detective Jeff Payne handcuffed and dragged Nurse Alex Wubbels out of a hospital for refusing to obtain a blood sample from an unconscious patient. Nurse Wubbels refused to get the blood sample, because she knew that the law required the officer to obtain either consent from the patient for the blood draw or obtain a warrant from a judge. When Ms. Wubbels insisted on obeying the law, Payne used force on her in an attempt to get her to comply – all of which was caught on video and has been repeatedly seen in the news.
Salt Lake City’s mayor has since apologized to the nurse. Detective Payne was placed on administrative leave as a result of the incident and fired from his part-time position as a paramedic. A second Utah police officer, Lt. James Tracy, has also been placed on administrative leave.

Although the case didn’t occur in New Jersey, a lot of the same rules and policies would apply if it had taken place at a New Jersey hospital instead. In fact, police officers, nurses, prosecutors, judges, and attorneys are regularly prepared to deal with the situation of a request for a blood sample for an unconscious patient in this state. If the rules are not followed exactly, it is possible that any evidence obtained from an illegal blood sample could be excluded from court. For that reason, it is extremely important to contact an attorney as soon as you or anyone you know is arrested, charged, or convicted of drunk driving or driving under the influence. An experienced attorney may be able to challenge the evidence against you or get the charges thrown out completely.

Why are Blood Samples Used in DUI/DWI Cases?

When somebody is charged with drunk driving, one of the ways the state can prove its case is by introducing evidence that the driver’s blood alcohol content (BAC) was above the legal limit of .08% or higher. Most people are familiar with the breathalyzer test used to measure BAC, but a breathalyzer cannot be used in all situations. For instance, a driver who is involved in a car accident may be unconscious or too injured to provide a breath sample. In those cases, the investigating officer may want to get the driver’s blood sample tested for alcohol concentration.

When Can Police Officers Get a Blood Sample?

After a motor vehicle accident, wherein a driver is injured, the driver will probably be taken to a hospital for treatment. At the hospital, a police officer will only be able to get the driver’s blood sample under two circumstances: 1) with the driver’s consent, or 2) with a warrant. If a driver is capable of providing consent, then he or she may allow a police officer to take a blood sample. Obviously, a driver can only give consent if he or she is conscious. A driver also cannot give consent if he or she is being sedated or otherwise treated in a way that renders him or her incompetent.

In order to get a warrant, the police officer must apply to a judge for a warrant for the blood sample. If the request is being made after regular business hours, an emergency on-duty prosecutor and emergency on-duty judge will need to be contacted. Regardless of the timing, the prosecutor and the officer will need to demonstrate to a judge that they have probable cause to obtain the blood sample: meaning that the officer has well-grounded suspicion based in citable evidence that the driver had been operating the vehicle while intoxicated – such as smelling alcohol on the driver’s breath. The judge will need to agree, and a warrant will need to be issued and signed. Only after a warrant is issued will the officer be able to order the hospital to get the patient’s blood sample.

How an Attorney Can Help

Although there are numerous ways to challenge a blood sample, one of the ways to challenge blood BAC evidence is to demonstrate that the blood draw was impermissible. This can be because a driver failed to give proper consent, because the police officer failed to obtain a warrant, or because the police officer did not have sufficient probable cause to justify the warrant. If you or someone you know is charged with driving while intoxicated, an experienced lawyer be able to review the evidence against you and put up the best defense on your behalf. An attorney may even be able to have the case dismissed completely.

New Jersey DUI Attorney Edward M. Janzekovich Will Be There if You’ve Been Charged with Drunk Driving

DWI / DUI cases can often involve complicated issues of evidence, and successfully challenging that evidence requires knowledge and experience about the law. If you or someone you know is facing a DWI charge, a knowledgeable drunk driving 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, DWI - DUI, DWI & DUI Checkpoints

New Jersey DUI Attorney Discusses the Field Sobriety Vision Test, Also Known as the Horizontal Gaze Nystagmus Test

April 25, 2017 by

Horizontal Gaze Nystagmus TestIf you are pulled over and arrested for DWI in New Jersey, the police have a few options for proving that you were driving under the influence of alcohol or drugs. Two of the things that police officers may do is (1) conduct a field sobriety test, or (2) use an official breathalyzer test, which is meant to determine scientifically if your blood alcohol content (BAC) is over the legal limit of .08%. Because the government is required to adhere to specific and complicated guidelines for administering and maintaining BAC tests and records, it is important that you retain an experienced attorney if you are ever arrested for a DUI. A knowledgeable DUI/DWI attorney will be able to review the records and may be able to have the BAC evidence thrown out so that it cannot be used against you.

If the BAC evidence is thrown out, or otherwise compromised or excluded, then the government will be required to rely on other evidence to prove that you were driving under the influence of alcohol or drugs, such as the field sobriety test. A police officer’s observations and notes regarding how a driver acts or appears, when combined with evidence of the officer’s experience in assessing impairment, can be used to convict a driver of operating a motor vehicle under the influence of drugs or alcohol.

Horizontal Gaze Nystagmus Test

In New Jersey, police officers may ask a driver to do a number of different exercises in an attempt to determine if the person is intoxicated, under the influence of any substances, or otherwise impaired, including standing on one leg, reciting the alphabet backwards, walking in a straight line, or following the police officer’s finger with the person’s eyes. Not all of the tests are admissible in court. The vision test, where a driver is asked to move his or her eyes from side to side, is considered scientifically reliable under the law. This is called the Horizontal Gaze Nystagmus (HGN) test.

Nystagmus is a term to describe fast, uncontrollable movements of the eyes – sometimes also referred to as dancing eyes. Impairment due to alcohol and the use of certain drugs can cause involuntary nystagmus. Accordingly, in the 1970’s and 1980’s, the National Highway Traffic Safety Administration (NHTSA) performed studies to determine if the HGN could be used to reliably determine if a person was operating a car while intoxicated or impaired by drugs, and the studies found the HGN test is 77% accurate in determining whether a person has a 0.10 BAC or more.

What Police Officers Are Looking for When Performing the Test

Police officers are provided with some training in how to perform an HGN test, including what signs of impairment to look for. The guidelines suggest that a police officer is checking for equal pupil size and whether the eyes are jerking involuntarily from side to side while at rest or while tracking an object from side to side. Three specific “clues” that officers are trained to look for include:

  1. The lack of smooth movement from side to side – bouncing rather than rolling smoothly.
  2. Distinct and sustained nystagmus when the eyes are held at maximum deviation and held for a minimum of four seconds.
  3. Onset of nystagmus when the eyes have moved less than 45 degrees to the side.

How a Lawyer May Challenge the Horizontal Gaze Nystagmus Test

Scientific and medical experts have concerns that the administration of the HGN test by police officers may be unreliable because these officers are not ophthalmologist, trained in the detection of eye movements and or eye pathologies. Some experts have also suggested that the NHTSA standards for performing the HGN test could lead to false results. One independent study concluded that, in a controlled laboratory test, police officers were wrong 41% of the time about whether a person with a .10% BAC experienced HGN.

Similarly, HGN can be caused by a number of other things, including injury, tiredness, illness, or medical conditions. In the case of Schultz v. State, a case from Maryland, the court recognized at least 38 medical conditions unrelated to alcohol that can cause HGN, including the flu, consumption of excessive amounts of caffeine, head trauma, some prescription drugs, and exposure to certain chemicals or toxins.

Because a police officer is looking at your behavior, appearance, and how you perform on these tests, your performance on any field sobriety test, as well as your ability to speak to the police officer and answer questions, can help in your defense against a DUI/DWI conviction. At the end of the day, these tests are not perfect and subject to human error. For that reason, it is important to always consult an experienced lawyer. A DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help if You Are Arrested for Drunk Driving

An arrest for driving under the influence of alcohol or drugs can have life-changing consequences for any driver. Such a charge, and possible trial, can also be extremely complicated, especially when specific tests or scientific evidence is involved. If you are charged with drunk driving or driving under the influence of any substance 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: Criminal Law, Drugged Driving, Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Uncategorized Tagged With: , ,

New Jersey DUI Attorney Discusses Plea Bargaining in Drunk Driving Cases

February 20, 2017 by

Bargaining in Drunk Driving Cases

Generally speaking, the law in New Jersey does not permit a defendant in a drunk driving case to plea bargain or enter into a plea arrangement with the police, the prosecutor, the court, or any other person on behalf of the state when it comes to charges for driving under the influence of drugs or alcohol. Therefore, if you are charged with DUI/DWI, and you were hoping to be able to plead guilty in order to have the charges changed or the penalties reduced, you may be out of luck. As with anything, however, that may not be the whole story.

While the New Jersey Supreme Court has long recognized the value of plea bargaining in order to make the administration of justice more effective, specific restrictions on plea bargaining were placed on defendants charged with violating N.J.S.A. 39:4-50, the state’s DWI/DUI law. Since State v. Hessen, the Courts ruled to take away a prosecutor or judge’s power to dismiss or downgrade drunk driving cases. For that reason, it is extremely important to consult an experienced drunk driving attorney if you or someone you know has been charged with driving under the influence of alcohol or drugs. An attorney will be able to explain your situation, help you prepare the best defense in your case, and may be able to have the charges against you dismissed completely. Moreover, there are still some ways that an attorney may be able to work around the plea bargaining restrictions and help improve the circumstances of your case.

An Attorney Can Still Help Have Your Case Dismissed

First, it is important to remember that the ban on plea bargaining in DUI/DWI cases does not mean that a court or prosecutor cannot decide to dismiss the charges against you completely. Municipal prosecutors have a legal and ethical obligation to ensure that justice is done in individual cases. This means that they should not prosecute a drunk driving case where the evidence cannot support the charges. Thus, an application by a municipal prosecutor to dismiss a drunk driving case or seek its downgrade to a different offense based upon evidentiary or proof problems does not constitute a plea arrangement under the rules.

For instance, as we have previously discussed in this blog, an experienced DUI/DWI lawyer may be able to have certain evidence excluded in your case – such as due to a problem in the way breathalyzer or blood alcohol content evidence was collected. This could result in the prosecutor deciding to downgrade or dismiss the charges for evidentiary reasons without plea bargaining.

Other Exceptions to the Plea Bargaining Ban

The rules forbidding plea bargaining cases also only apply to N.J.S.A. 39:4-50 charges. Therefore, an attorney can still help you have related charges merged or amended if you are being charged for driving under the influence of alcohol or drugs at the same time. The rules permit the dismissal of traffic tickets, ordinance violations, and disorderly persons offenses that are companion to a drunk driving ticket. These charges are considered to be companion if they come out of the same set of facts and circumstances that led to the DUI/DWI incident.

While entering in this kind of plea bargain will not eliminate the penalties associated with a conviction for drunk driving, a defendant who pleads guilty to a drunk driving offense in exchange for the dismissal of companion offenses may often avoid many thousands of dollars in fines, mandatory jail terms, additional loss of license, and or significant consequences.

Finally, there are a number of other complicated situations wherein a defendant may be permitted to enter into a plea arrangement with the court. This includes when a defendant is charged with DUI and refusal to submit to a breathalyzer test, or when a defendant is charged with DWI while in a school zone. If you or someone you know is arrested for driving under the influence of drugs or alcohol, it is important that you contact an experienced lawyer immediately, so that you can understand and take advantage of certain laws that can lessen the penalties you must face.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Will Negotiate and Argue on Your Behalf

DWI/DUI laws are often very complicated and the specific rules that affect each defendant can vary depending on the 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: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints Tagged With: ,

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: ,

The Twenty Minute Breathalyzer Waiting Period

February 2, 2017 by

Drunk driving breath test
It is likely common knowledge that if you are pulled over and arrested for drunk driving, one of the ways the police may try to prove the charges against you is by making you take a breathalyzer test. The breathalyzer test is meant to measure your Blood Alcohol Content (BAC), and the legal limit for driving in New Jersey is under .08%

What many drivers do not realize, however, is that there are two potential breathalyzer tests that a police officer may use during a drunk driving investigation and arrest: the roadside breath test and a breathalyzer taken back at the police station. The roadside breath test is sometimes also called a portable breath test (PBT), and it is usually provided on a small handheld device that looks like an inhaler you blow into. It is not as accurate as the station test. For that reason, the PBT is only used to get an estimate of BAC and used to establish that the police officer has probable cause to conduct an official breathalyzer test at the police station. The results of the PBT are not admissible in court to prove drunk driving.

There’s another rule that many people do not know about. Once a drunk driving suspect is brought back to the police station, the police still cannot immediately administer the official breathalyzer test on the Alcotest 7110 machine.

20-Minute Observation or Waiting Period

According to the Supreme Court in State v. Chun, operators of the Alcotest 7110 machine must wait at least 20 minutes before collecting a sample from a person who has been arrested in order to avoid overestimating the readings due to the possibility of residual effects of alcohol in the mouth. In fact, the breathalyzer machine is programmed to prohibit the operation of the device before 20 minutes has passed from the time entered as the time of arrest.

During this time, the DUI/DWI suspect must be watched, uninterrupted, during this waiting time to make sure that no alcohol has entered the person’s mouth while he or she was waiting for the start of the testing procedure. According to another case, Romano v. Kimmelman, the government has the burden of proving that they adhered to this 20-minute observation period requirement. Additionally, if the person swallows anything or throws up or the police officer notices chewing gum or tobacco or any other foreign objects in the person’s mouth, the machine operator is required to start over the 20-minute waiting period.

Actual Observation Requirement

In order for the waiting period to be legally valid, police officers are trained that drunk driving suspect must be observed uninterrupted for 20 minutes. It is not enough that the person under arrest be in police custody, such as in the back of the police car in handcuffs, for that period of time. The proper procedure requires that the person actually be watched by the Alcotest machine operator for the entire period of time in order to avoid taking steps that could conceivably contaminate the breath sample.
Similarly, the police officer’s observation must be of the sort that makes it possible for the police officer to detect if contamination occurs. If the police officer looks away, he must be close enough to detect contamination by smelling it or hearing it. An officer who rides alone in the police vehicle with the DUI suspect must be able to pay attention to the suspect, free from road-related distractions, in order to spot the suspect throwing up or putting anything in his or her mouth.

Failure to Follow the Requirements

Because of the strict requirements of the rule, it is often the case that the government is unable to show that the 20-minute observation period was specifically followed. If the rule is not followed as demanded by the law, then an experienced drunk driving attorney will be able to challenge the results of the Alcotest, and may be able to have the results of the test suppressed so that it cannot be used in Court.

Because the law regarding BAC evidence is so complicated, it is important to always consult an experienced DWI/DUI lawyer if you or someone you know is pulled over and charged with drunk driving. An DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

New Jersey DUI/DWI Lawyer Edward M. Janzekovich Knows How to Defend You if You Are Charged with Drunk Driving

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance 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: Blood Alcohol Tests, DWI - DUI, DWI & DUI Checkpoints

New Jersey DUI Lawyer Takes a First Look at Proposed Senate Bill 404, Considering Diversionary Treatment for Intoxicated Drivers

January 17, 2017 by

Drunk-Driving
Although the bill was introduced last year, the New Jersey Senate may soon be considering updates to the State’s Driving While Intoxicated law, N.J.S.A. 39:4-50, as submitted by Senator Peter J. Barnes, III of District 18.  The law has not been changed since 2009.  While it has not yet been passed, the newest version would create a Diversionary Program for certain defendants who are charged with driving while intoxicated, providing an alternative to the harsher penalties that currently exist for individuals convicted of drunk driving.

Who Will the Proposed Diversionary Program Affect?

The proposed law is an attempt to give a second chance to defendants charged with a first offense of the state’s Driving While Intoxicated law.  It would affect any driver who pleads guilty or is convicted and found guilty of driving a motor vehicle while under the influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, as defined by the statute.  A defendant can take advantage of the new provisions if he or she has never been found guilty of drunk driving before and never participated in the diversionary program before. 

Once these requirements are met, a driver has the opportunity to enter by providing notice to the prosecutor and apply for entry into the program.  The court will consider the application based on several factors, including:

  1. The facts surrounding the commission of the offense;
  2. The motivation, age, character, and attitude of the defendant;
  3. The needs and interests of the community;
  4. The likelihood that the defendant’s offense is related to a condition or situation that would be conducive to change through the defendant’s participation in the intoxicated driver diversionary program; and
  5. Any other factors deemed relevant by the court.

The driver also cannot take advantage of the program if he or she caused an accident resulting in a serious injury or if he or she was driving a passenger under the age of 14 at the time.

A driver can only take advantage of this opportunity once.

How Can the Program Help?

Under current law, first-time drunk driving defendants are fined $250 to $400 if their blood alcohol concentration (BAC) is 0.08% to 0.10%.  They are fined $300 to $500 if their BAC is more than 0.10%.  In addition, a first-time defendant’s driver’s license can be suspended for three months if the person’s BAC is 0.08% to 0.10%, and the driver’s license of a defendant whose BAC is more than 0.10% is suspended for seven months to one year.  Finally, certain DUI defendants are required to install an ignition interlock device on his or her vehicle during or after the period of driver’s license suspension.

Under the new law, the diversionary program can last between 60 days and two years.  During the period of enrollment, the DUI/DWI charges against the driver are suspended.  If the driver successfully completes the program, the original charges are dismissed.  Furthermore, the court shall order that the charges be removed from the individual’s driver’s history abstract and it is not considered a conviction for other legal purposes.  Finally, charges dismissed based on the diversionary program are not counted as a first offense when calculating subsequent penalties if the driver is later convicted or found guilty of DWI/DUI again.  

It is important to recognize that there is no guarantee that this proposed bill will ever pass.  Many bills are introduced before the New Jersey State Assembly and Senate every legislative year.  Regardless of whether or not this bill becomes law, a person charged with driving under the influence of alcohol or drugs should always contact an experienced drunk driving attorney, who will be able to provide the best advice or may be able to have the charges dropped completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Knows How to Help if You Are Charged with Drunk Driving

A charge for driving under the influence of alcohol is extremely serious and new laws, rules, and regulations take effect all the time. For that reason, it is important to consult a drunk driving lawyer who makes it his job to know all the changes.  If you or someone you know is charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney will know the best way to help and 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: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints Tagged With: ,

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.

Law Office of Edward M. Janzekovich
540 Old Bridge Turnpike
South River, NJ 08882
Phone: 732-257-1137 Fax: 732-791-1437
E-mail: [email protected]

Copyright © 2015 Law Office of Edward M. Janzekovich.
All Rights Reserved.