Snowplow Driver and Commercial License DUI

March 28, 2018 by

Snowplow on City Street

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

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

Commercial Licenses and Legal Limit

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

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

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

New Jersey Snowplow Driver and Multiple Charges

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

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

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

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

A conviction for drinking and driving can mean the difference between having a job and losing the ability to earn a living. If you or someone you know is arrested, charged, or convicted of drunk driving, you want an attorney who will fight for you. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Commercial License DUI - DWI, DWI - DUI

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

March 20, 2018 by

olice officer holding a pen and doing a field sobriety test

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

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

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

How a Case Proceeds Through Municipal Court

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

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

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

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

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

Filed Under: 60 Day Rule, DWI - DUI

Post-Conviction Relief in DUI Cases

March 14, 2018 by

Man with drink and keys getting in a car.

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

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

What is Post-Conviction Relief?

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

When are Applications for Post-Conviction Relief Made?

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

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

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

How to File an Application for Post-Conviction Relief

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

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

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

If you have been charged or convicted of DWI/DUI, refusal to submit to a breath test, or driving with a restricted license, you could be facing serious penalties – jail time, heavy fines, and loss of license – that can seriously affect your ability to care and provide for yourself or your loved ones. Whether you have just been arrested or if you have already plead guilty, it is extremely important to contact an experienced attorney who can explain what rights you have. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Drunk Driving, DWI - DUI

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

March 6, 2018 by

Ways to Safely and Effectively Respond to a Traffic Stop

Stopped-by-the-Police

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

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

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

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

Obey All Traffic Laws and Signs

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

Contact Attorney Edward M. Janzekovich

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

Filed Under: DWI - DUI Tagged With:

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

February 26, 2018 by

empty beer bottle and car key behind bars

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

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

The New Program

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

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

More Officers Patrolling the Roads

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

Only Two Alcotest Machines for the Whole County

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

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

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

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

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

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

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

Filed Under: Drunk Driving, DWI - DUI

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

New Jersey DUI Attorney Discusses the Elements of Refusal and the Penalties You Could Face

December 12, 2017 by

Close up shot of an alcohol tester

Many people do not realize that if you are pulled over in New Jersey and a police officer has probable cause to believe you have been driving drunk, you are required to submit a breathalyzer sample. The law is written in such a way that it is a condition of being allowed to drive in New Jersey. As we have discussed here in the past, in the Edward M. Janzekovich Law Blog, this requirement even surpasses your rights given under the Miranda warnings, which many people are familiar with – meaning you do not even have the right to speak to an attorney or to remain silent before submitting a breath sample at the police station.

If you fail to comply with the requirement to provide a breath sample, you can be charged and/or convicted under N.J.S.A. 39:4-50.4, Refusal to Take a Breath Test, which could carry equally heavy penalties to drunk driving. It is important to note that if you are pulled over, a police officer may ask you to take a roadside or portable breath test (PBT). The PBT is less accurate and refusing to submit to the PBT does not violate the Refusal law. It only counts as “Refusal to Take a Breath Test” if a driver refuses to submit to the more accurate, official breath test that occurs back at a police station.

The Elements of Refusal to Submit to a Breath Test

The offense of refusal to submit to a breath test requires the government to prove four elements beyond a reasonable doubt, before you can be convicted:

  1. The arresting officer had probable cause to believe that the driver had been driving or was in actual physical control of a motor vehicle on the public road, street, highway or other area of the State while under the influence of alcohol or drugs.
  2. The driver was arrested for driving while intoxicated.
  3. The officer requested the driver to submit to a chemical breath test and informed the driver of the consequences of refusing to do so in a language the defendant can understand while sober.
  4. The defendant thereafter refused to submit to the test.

As we have discussed in the past, the State may be able to charge you with refusal even if you think you are complying with the request to submit a breath test. For instance, the requirement to “submit to the test” includes a requirement that you provide a breath sample that is large enough for the machine to test.

Accordingly, this area of law can be extremely complicated. Because a prosecutor must prove all of these elements in order to convict a driver of refusal, it is important to always contact an experienced DUI lawyer if you or someone you know if ever charged with drunk driving or related motor vehicle violations. A good attorney will be able to review the evidence against you and determine if the state can sufficiently prove all the elements of a crime against you, and will be able to present the best defense on your behalf.

Punishments for Refusal to Submit to a Breath Test

New Jersey law authorizes serious fines for all violators of the Refusal law that ranges from $300 to $500 for a first offense, $500 to $1000 for a second offense, and $1000 for a third or subsequent offense. This does not include any court fees and other applicable monetary sanctions, such as the $100 Drunk Driving Enforcement Fund surcharge. This also does not include the extra $1000 per year motor vehicle surcharge that the driver will have to pay for three years, as well as any increase in insurance premiums that the automobile insurance company will choose to add.

A convicted driver will also be required to attend an alcohol education program at the Intoxicated Driver Resource Center (IDRC). This program includes a fee of $75 per day for a first offender and $100 per day for subsequent offenders. Failing to attend the IDRC will result in a jail sentence, and could result in permanent administrative loss of license for subsequent offenders.

A driver can also lose his or her license for Refusing to Submit to a Breath Test. The period of license suspension is the same as if the driver had been convicted of driving while intoxicated, and ranges from seven (7) months to one (1) year for a first offense, two (2) years for second offense, and ten (10) years for a third or subsequent offense.

Finally, a driver will be required to install an ignition interlock device on his or her vehicle. This requirement ranges from six (6) months to one (1) year after the period of license suspension for first-time offender, or one (1) to three (3) years for a subsequent offender. This also will come at the driver’s own expense.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Help if You are Charged with Drunk Driving or Refusal

A conviction on DWI/DUI and refusal charges can mean serious penalties – jail time, heavy fines, and loss of license, that can seriously affect your ability to care and provide for yourself or your loved ones. Defending against these charges can also be very complicated. If you or someone you know is arrested for refusing to submit to a breath test, it is important to have a lawyer who knows how to help. 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 1-732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Breathalyzer Tests, Criminal Law, Drunk Driving, DWI - DUI

ALERT – Notification Letters Sent, Past DWI/DUI Convictions to Be Dismissed?

October 27, 2017 by

Liquor and keys to a car

Earlier this week, prosecutors, municipalities, and government agencies across the state started sending out letters to certain persons across New Jersey who had previously been convicted of driving while under the influence of alcohol. If you were charged and found guilty, or if you pleaded guilty, to driving while intoxicated between 2008 and 2016, you may be entitled to have your conviction overturned, retried, or thrown out completely.

If you have not yet received a letter, you may receive one soon. If you have any question about what your rights are, the letter advises you to consult an attorney immediately.

If you do not receive a letter, but believe you should have, you can also contact an experienced drunk driving lawyer to see if you were left out by mistake. This could have happened for a number of reasons, including if you moved to a different address since you were convicted. A drunk driving lawyer will be able to contact the town where you were convicted and see if there are grounds to overturn your conviction.

Who Should Expect a Letter

Nearly a year ago, we on the Edward M. Janzekovich Law Blog discussed a class action lawsuit that was filed in New Jersey, arguing that thousands of DWI/DUI convictions should be revisited and dismissed because State Police Officers may have been lying about whether or not breathalyzer machines used to measure the Blood Alcohol Content (BAC) of drivers arrested for drunk driving were properly calibrated.

In order to be considered as admissible evidence, a BAC test in New Jersey must be performed using a Alcotest 7110 MK-IIIC machine, manufactured by Draeger Industries. These machines have strict rules for making sure that they are accurate. State Police Sgt. Marc Dennis was officially indicted last December on three criminal charges following Grand Jury Proceedings that accused him of deliberately skipping the temperature check portion of recalibration procedures.

Officials believe that Sgt. Dennis’ failures could have affected BAC readings taken between 2008 and 2016. Since a BAC result of .08% or higher taken during that time could have resulted in an inaccurate DWI/DUI conviction, the lawsuit is arguing that anyone who was convicted based on a close BAC result should have their guilty finding thrown out.

DWI Notification Letter Contents

The DUI Notification Letter being sent out to past defendants will look something like this, although it will vary from county to county:
Somerset Country Prosecutors Office DWI Letter

The letter provides some information regarding why past drunk driving convictions are being overturned.

As noted in the letter, if you have any questions about what the letter means or if you or someone you know is entitled to relief, you should reach out to an experienced drunk driving attorney as soon as you can. A defense attorney familiar with this new legal development will be able to answer your questions and inform you of your rights.

New Jersey DUI Defense Attorney Edward M. Janzekovich Makes Knowing Your Rights His Job

If you or someone you know is arrested for drunk driving, or was previously convicted of driving while intoxicated, it is extremely important to contact an experienced DUI/DWI attorney who will make it his job to protect your rights. If you go to court, a good lawyer can also help you get the best results in your situation. Having a knowledgeable 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: DWI - DUI, DWI / DUI Conviction Dismissal

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

DUI / DWI History and What It Means for Uber and Lyft Drivers

September 26, 2017 by

Man with an alcoholic drink and keys in his hand next to a car.

Becoming a driver for Uber or Lyft is an increasingly common profession. Some people do it as a full-time job, while others do it to make a little extra money on the side. Either way, people are drawn to the independence and simplicity of the job – you get to decide when you work, you get to decide how much you want to work, and you even get to do it from the comfort of your own vehicle.

There is one thing a lot of would-be-drivers do not know, however. You may not be approved to become an Uber or Lyft driver if you have even one drunk driving charge or conviction on your driving history. Both Uber and Lyft have strict background check guidelines as part of the process for individuals to get approved to drive for the company.

Uber and Lyft Background Checks

When you apply to become an Uber or Lyft driver, you must consent to allow the companies to run a background check and driving record check.

Uber states that, after you fill out the basic online application, you will be asked to complete a consent form that allows Uber to use a company called Checkr to perform the background check. The background check will include your driver’s history for at least 7 to 10 years.
Lyft advertises that its background checks are also performed by a third-party and include national and county-level databases, and, when necessary, local courthouse record checks going back a minimum of seven years or more.

Your driver’s abstract will let these companies know if you have ever been convicted of any DUI or drug-related driving offense, and your application will automatically be flagged for additional review. A DUI within the last seven years can result in your rejection by either company. Both companies advertise that there are no exceptions to this rule.

Moreover, if you’ve ever been convicted of a felony DUI in any state, even if it was more than 10 years ago, this could result in your application being denied.

What About Ongoing DWI Charges or Expungements?

New Jersey does not provide for the expungement of drunk driving convictions, although some other states might. Both Uber and Lyft advertise that they conduct national background checks, so if you have ever been convicted of DUI in any state and wish to drive for one of these companies, it will be helpful to contact an attorney.

If you have a current or ongoing charge for driving while intoxicated, it is extremely important that you contact a lawyer if you hope to become a commercial driver in the future. Both Uber and Lyft state that they will consider all ongoing charges, and if you are in the middle of proceedings regarding a charge for driving under the influence of drugs or alcohol, you can expect to have your application denied or flagged for further consideration.

At this time, your best chance to be able to drive for Uber, or keep driving, if you’re already a driver, is to win your case or have the charges against you dropped completely.

How an Attorney Can Help

Man with an alcoholic drink and keys in his hand next to a car., if you refuse to submit to a blood-alcohol test, or if you are convicted of a DUI/DWI offense in New Jersey or any other state. If you are charged with driving while intoxicated, you should always contact a lawyer as soon as possible. An experienced DWI attorney could make a world of difference.

New Jersey DUI Attorney Edward M. Janzekovich Can Help if Your Job is On the Line Due to a Drunk Driving Charge

If you or someone you know is being charged with a DUI/DWI, knowing the potential consequences of that conviction is important. The difference between guilty and innocent could mean the difference between being able to provide for your family and loved ones or losing your right to drive. 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: Drunk Driving, DWI - DUI

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