New Jersey DUI Attorney Discusses Multiple Simultaneous Convictions for DUI/DWI

September 7, 2017 by

New Jersey DUI-DWIAlthough it is unlikely, there are rare times when a driver must face charges for multiple drunk driving offenses at the same time. This can result from a variety of circumstances. As a law firm specializing in drunk driving defense, we here at the Edward M. Janzekovich law blog are prepared to help regardless of how unlikely the situation. Successfully defending against DWI charges may result in a reduction of the penalties or can result in having the charges dismissed altogether.

When Multiple Simultaneous Convictions for Drunk Driving Can Occur

First, if a driver drives continuously through various towns and municipalities, he or she may be charged independently in each one of them with a violation of N.J.S.A. 39:4-50 – Driving While Intoxicated. A driver in this situations should immediately seek the advice of counsel, because the State of New Jersey treats “one continuous uninterrupted episode of driving while intoxicated” as a single offense, not multiple offenses. Therefore, if an individual receives multiple charges of DUI/DWI during one continuous course of conduct, it is properly addressed as sentenced as a single offense in court, and an experienced attorney may be able to have some of the charges dismissed.

A second set of circumstances that might lead to simultaneous convictions for drunk driving arises when a driver is arrested twice for drunk driving in a very short period of time. This is typically within the same day or night, but it can sometimes occur over a longer period of time. Usually, the picture looks something like this. A driver is arrested a first time for drunk driving, then processed and released. Following his or her release, the driver is still drunk and tries to get behind the wheel of another vehicle. Once again, the driver is found driving under the influence and re-arrested and charged a second time later that same day. This should not happen because drivers are typically not allowed to immediately operate their vehicles after being arrested for driving under the influence. However, there have been numerous reported cases of this happening in just the last year.

Sentencing on Multiple Simultaneous Convictions for Drunk Driving

If you or someone you know is charged with any driving while intoxicated related charge, it is important to seek the advice of a good lawyer as soon as possible. If a driver decides to plead guilty to multiple drunk driving offenses at the same time, sentencing consequences can be complicated and in some cases, severe. In other areas of the law, defendants are typically able to argue to a Judge that they should receive identical treatment on both offenses if they are pleading guilty to two offenses at the same time. This, however, is not true specifically for drunk driving convictions. Unlike other areas of the law, the New Jersey Supreme Court has specifically stated that New Jersey’s drunk driving statutes are primarily punishment oriented, rather than concerned with rehabilitation. Moreover, statutes that are punishment oriented do not require the same type of sentencing treatment as other statutes, meaning defendants can receive different sentences on each of the offenses despite pleading to both at the same time.

For example, if a defendant is pleading guilty to both his first and second DUI offenses simultaneously, he or she can be punished as a second-time offender on one of the DUI offenses, even though he or she had no previous DUI convictions before the court date. The same would be true of an individual pleading to his second and third DUI offenses; he would be sentenced as a third-time offender on one of the offenses. This is extremely important as the differences in sentencing between a first, second, and third time offender is substantial. A second, third, or fourth time offender faces much greater potential fines, mandatory jail sentences and terms of mandatory loss of driving privileges. Therefore, it is imperative to understand the penalties you may be facing.

How an Attorney Can Help

If you are facing multiple DUI/DWI charges, an experienced DUI attorney can help you understand your rights and the potential consequences of multiple charges, especially when it comes to sentencing. A good lawyer will also be able to present the best defense in your favor and may even be able to have the charges against you dropped. Whether you are sentenced as a first, second or third time offender can make a huge difference in terms of jail time, period of license suspension, and fines.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Is Ready, No Matter How Rare the Circumstances

A DUI/DWI conviction means serious penalties that will affect you and your loved ones. For that reason, it is important to consult a drunk driving lawyer who knows how to help. 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 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: Driving Under the Influence of Drugs, DWI - DUI, New Jersey Attorney Tagged With:

The Jersey Shore Towns with the Most Drunk Driving Arrests

August 29, 2017 by

Shot glass with car keys and handcuffs

Although the summer is winding down, there are still a few weeks left to enjoy the warm weather. Labor Day is also around the corner, signifying the symbolic end of the season and a return to school for many children. As with all holidays, however, Labor Day also brings with it parties and celebrations that usually include liquor, beer, and wine. We here at the Edward M. Janzekovich Law Blog always recommend that you drink responsibly – don’t drink and drive – and be careful if you get on the road at all over the holiday weekend.

Additionally, we know that many individuals and families will be heading to the Jersey Shore over the next few weeks to enjoy a little more sun and fun before the cold weather season starts. A recent report ranked 44 Jersey Shore towns in order of the least to most DWI arrests per square mile based on data from July 1, 2015 to June 30, 2016. This list also shows the total number of arrests over that time period.

This list is informative because it helps to show both where there are the fewest incidents of drunk driving as well as where local police departments are willing to crack down on any suspicious driving activity.

Towns Ranked from Lowest to Highest Rate of DWI Arrests

RankingTown NameArrests Per Square MileTotal DWI Arrests
1. Seaside Heights, NJ191.68143
2. Wildwood, NJ116.92163
3. Loch Arbour, NJ106.3815
4. Allenhurst, NJ5315
5. Bradley Beach, NJ39.4925
6. North Wildwood, NJ35.5976
7. Ship Bottom, NJ34.9635
8. Mantoloking, NJ31.120
9. Deal, NJ28.8338
10. Asbury Park, NJ21.8335
11. Seaside Park, NJ20.8316
12. Belmar, NJ20.6420.62
13. Wildwood Crest, NJ20.6227
14. Sea Bright, NJ19.4225
15. Sea Girt, NJ18.6227
16. Sea Isle City, NJ15.840
17. Neptune, NJ14.29124
18. Bay Head, NJ14.2810
19. Ventnor, NJ12.7745
20. Point Pleasant Beach, NJ12.7153
21. Margate, NJ11.6419
22. Atlantic City, NJ9.45161
23. Avon-by-the-sea, NJ9.245
24. Long Branch, NJ9.2358
25. Stone Harbor, NJ8.1516
26. Manasquan, NJ7.5019
27. Brick, NJ6.71217
28. Surf City, NJ6.546
29. Longport, NJ6.4110
30. Lavalette, NJ6.286
31. Cape May City, NJ5.8316
32. Spring Lake, NJ5.7810
33. Monmouth Beach, NJ5.3111
34. Ocean City, NJ4.4448
35. Beach Haven, NJ3.879
36. Cape May Point, NJ3.171
37. Toms River, NJ2.84389
38. Brigantine, NJ2.627
39. Harvey Cedars, NJ2.533
40. Long Beach, NJ2.3552
41. Avalon, NJ2.0210
42. Berkeley Twp., NJ1.7699
43. Barnegat Light, NJ1.171
44. Upper Township, NJ1.1680

It is important to recognize that this list does not provide a definitive ranking of the safest or most dangerous Shore Towns in NJ regarding drunk driving, not does it represent a ranking of towns based on the likelihood you will be pulled over for drunk driving. The information provided, however, does show that all towns in New Jersey are aware and on the look-out for drunk drivers.

Especially over holidays, police officers will be on the look-out for anyone driving erratically or showing signs of intoxication. There may also be DUI check-point locations set up areas known for drunk driving. If you go out again this year and have anything to drink, the best advice is to call an Uber or a taxi for a ride home. Your car will still be there the next day, but if you are convicted of DWI, then you may quickly lose you license, be fined, or even face time in jail. The consequences for drunk driving are no laughing matter.

New Jersey DWI Attorney Edward M. Janzekovich Can Help If You Are Pulled Over This Holiday

If you or someone you know is charged for driving under the influence of alcohol or drugs, it is extremely important to contact an experienced DUI/DWI attorney who will explain what consequences you are facing in your specific situation. A knowledgeable drunk driving lawyer can also review the evidence against you and present the best case in your defense. 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

New Jersey Drunk Driving Attorney Examines Proposed Law Making Ignition Interlock Devices Mandatory for All DWI Convictions

June 28, 2017 by

DWI Convictions

A new bill introduced before the state legislature last year by State Senator Nicholas Scutari may drastically change the way drivers convicted of DUI in the state are convicted.  The proposed changes to the State’s Driving While Intoxicated law, N.J.S.A. 39:4-50, seek to lessen some penalties for first time drunk drivers while making others more universal –  such as making Ignition Interlock Devices mandatory for all drivers convicted of DUI/DWI, even first time offenders.

Similar to the other proposed Senate Bill 404, discussed here earlier this year, it is important to recognize that there is no guarantee that this proposed bill will ever pass.  Also like that bill, the goal of Senator Scutari’s introduced legislation is to provide an alternative to drivers convicted of driving under the influence of alcohol, showing some added leniency to such drivers while simultaneously making the roads safer.

Which Parts of N.J.S.A. 39:4-50 Might Be Affected?

In New Jersey, the legal Blood Alcohol Content (BAC) limit for drunk driving in the state is .08%.  Under current law, someone convicted of DWI for the first time can have their license suspended for either 3 months (if his or her blood alcohol content is between .08% and .099%) or 7 to 12 months (if his or her blood alcohol content is .10% or greater). A judge has a lot of flexibility in deciding how long to suspend a driver’s license in those circumstances.

At the same time, a first time offender who is convicted with a blood alcohol content of .15% or greater must have an ignition interlock device installed on his or her vehicle during the period of license suspension until between 6 months to 1 year following license restoration.  An ignition interlock device is a device put on a car that requires a driver to provide a clean, alcohol breath sample before he or she can start the car.

How Will These Parts of the Law Change If the Proposed Bill is Passed?

Under Senator Scutari’s introduced legislation, a first time drunk driver who is convicted of driving with a BAC of between .08% and .099% will only have his or her license suspended for 30 days – a significant reduction from 3 months.  Similarly, a driver who is convicted of driving with a BAC of between .10% up to just less than .15% will have his or her license suspended for 45 days, while a driver who is convicted of driving with a BAC of .15% or higher will have his or her license suspended for 90 days.

At the same time, the proposed legislation hopes to make installation of an ignition interlock device mandatory for ALL drivers convicted under the DWI law.  The device must remain on the driver’s vehicle for the period of license suspension as well as an additional period of time between 3 months and 18 months after the driver gets his or her driving privileges reinstated.

What These Changes Would Mean if You Are Convicted

Losing one’s driving privileges is often the most severe penalty that first time drunk drivers face, because the penalty often means that a driver also loses his or her ability to go to work or otherwise provide for his or her family.  Reducing the period of license suspension for first time offenders recognizes this reality and tries to address the way the law punishes more than just the drunk driver.

At the same time, recent reports have estimated that ignition interlock devices have prevented more than 39,000 instances of drunk driving in New Jersey since 2010.  Therefore, requiring drivers to install an ignition interlock device attempts to make the roads safer for everyone.  The proposed law would not prevent a driver from being able to use his or her vehicle – for instance, to drive to work or buy groceries if necessary – but it would guarantee that the car could only be operated after a clean, alcohol-free breath sample is provided. 

The largest downside to the proposed law is that New Jersey requires the driver to pay for his or her own ignition interlock device, including the installation.  In addition to the nearly $1000 in fines that first time drunk drivers must already pay, an ignition interlock device could cost $70-150 to install and about $60-80 per month for additional monitoring and calibration.

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 possibly defend the case and get the charges dismissed completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Is Looking Out for You

A charge for driving under the influence of alcohol can carry extremely serious penalties that affect you as well as your family and loved ones.  At the same time, new laws, rules, and regulations take effect all the time. For that reason, it is important to consult a drunk driving lawyer knows what to look for in your specific situation.  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: Blood Alcohol Tests, Driving Under the Influence of Drugs, DWI - DUI Tagged With: , , , , , , , , ,

NJ Woman Arrested For DUI and Forcibly Catheterized Settles Lawsuit for $140,000 After Contracting MRSA

June 21, 2017 by

Tumbler glass with whiskey and a car key

Earlier this month, a New Jersey woman settled a lawsuit against Ocean City, individual Ocean City police officers, and other defendants after claiming that she contracted a disease because police officers conducted a forced urine sampling procedure to see if she had been driving drunk. Law enforcement must first obtain a driver’s consent before taking a blood or urine sample. If consent is not given, officials can legally obtain a warrant from a judge to get a driver’s urine sample if they have probable cause to believe he or she has been driving drunk, but, in this case, the lawsuit alleged that the procedures used by the officers were unauthorized and improper.

Events Leading Up to the Arrest

Norma Powell’s original arrest dates back to July 11, 2012, when Ocean City police believed that she was intoxicated after driving her Nissan Sentra the wrong way through a toll lane and crashing into a concrete barrier wall on the Ocean City-Longport Bridge. A witness following the vehicle told police Powell had been driving erratically across the bridge and nearly hit a pedestrian.

Police subsequently pulled over Ms. Powell and conducted field sobriety tests to see if she was intoxicated. In New Jersey, these tests include walking on a line and turning, standing on one leg, and something called a horizontal gaze nystagmus test which measures your eyes for involuntary movements. Based on these tests, the police officers believed they had probable cause to administer a breathalyzer, but Ms. Powell could not complete the Breathalyzer test because she suffered from chronic obstructive pulmonary disease (COPD). Police then took her to a hospital.

The Allegedly Improper Urine and Blood Testing in this Case

At this point, Ms. Powell alleges that the officers’ actions were unauthorized, improper, and/or illegal, because they asked hospital staff to draw her blood and obtain a urine sample without her consent and without a warrant. If a driver does not agree to provide a urine or blood sample, government officials are legally required to obtain a warrant before getting such a sample.

The process used to obtain Ms. Powell’s urine sample is called catheterization. The lawsuit claims that the improper catheterization caused Ms. Powell to contract MRSA, a serious bacterial infection. This prompted her to file a federal lawsuit with the U.S. District Court against Ocean City, Sgt. Daniel Dubbs, Shore Medical Center, and two hospital employees: Kathryn Page, a registered nurse, and Jessica Ruiz, an advanced practice nurse in July of 2014. Earlier this month, it was reported that Ms. Powell dropped the case against all of the defendants in exchange for a settlement of $140,000. A city representative has declined to comment on the settlement.

When the Police Can Test You in New Jersey, and When They Cannot

In New Jersey, as a condition of receiving your driver’s license, you are required to provide a breath sample to a police officer if the officer has probable cause to believe you have been driving while intoxicated. This is known as “implied consent.” If you refuse to take the test, you are subject to punishment including a loss of driving privileges, fines, and jail time based on a charge for Refusal to Provide a Breath Sample, N.J.S.A. 39:4-50.2.

However, New Jersey law does not require that a driver provide blood or urine samples. Police officers may request blood and urine testing when a breathalyze test cannot be used – for instance, due to the driver’s health condition, an injury, or the unavailability of a breathalyzer machine. Breathalyzer machines also can only test for blood alcohol content, and cannot measure intoxication due to drugs or other substances. A driver has the right to refuse to participate in testing.

If you are not comfortable with providing a urine or blood sample, you should refuse to give consent to such testing. If a driver refuses, the police must obtain a search warrant from a Judge, based upon probable cause that the driving is driving while intoxicated and if granted, the police can then force a driver to give blood or urine for testing. If a warrant is issued, then you have to comply.

If you or someone you know has been arrested on any charges related to driving under the influence of alcohol or drugs, you should consult an experienced attorney immediately. A knowledgeable DUI/DWI lawyer will be able to review you case, see if the actions taken by the government were authorized or proper, and explain what consequences you are facing in your specific situation.

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

A charge for operating a motor vehicle while under the influence of drugs or alcohol can result in serious and complicated penalties that affect you and your loved ones. Defending drivers charged with DWI / DUI can also involve complicated evidentiary issues. A knowledgeable attorney will know how to review the case. An experienced 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: DWI - DUI, Improper DUI Testing

New Study Ranks New Jersey Fourth for Lowest Drunk Driving Incidents in the US

June 7, 2017 by

empty beer bottle and car key behind bars

A recently published report ranking all 50 US states with regard to the number and severity of drunk driving incidents per capita just listed New Jersey fourth lowest overall for the year the data was collected. Although New Jersey is one of the most densely populated states, and has the 11th largest population in the country, the data is based on the average number of incidents per person. The only states with a better ranking are New York (#1), Massachusetts (#2), and Illinois (#3).

According to the same report released by BackgroundChecks.org, New Jersey also experienced a 31.1% decrease in DUI incidents since the previous year. Although it is not clear what the cause is for the drastic reduction in DWI numbers, one of the likely contributing factors is the increased attention to drunk driving prevention and DUI enforcement by police departments across the state. This means that, if you are driving under the influence of alcohol or drugs in New Jersey, you are more likely than ever to be caught and/or convicted of drunk driving.

How the Rankings Were Decided

The DUI report used multiple sources of data in its rankings including statistics from the Department of Transportation (DOT), the Centers for Disease Control and Prevention (CDC), and Mothers Against Drunk Driving (MADD), organizations that collect and aggregate state data. Researchers then created a formula that accounted for the number of DUI incidents including:

  • The number of deaths directly attributable to DUIs,
  • DUI arrests per 100,000 people, and
  • Self-reported drunk driving

A weighted formula was then applied to the data that considered the number of drunk driving incidents and the severity of each incident in order to give a final ranking to each state.

Other Rankings and Data

According to the report, the findings for New Jersey included:

    111 deaths directly attributable to DUIs in New Jersey for 2015

    .20% of all traffic deaths in 2015

    31.1% decrease in incidents from the previous year

    1.24 DUI deaths per 100,000 people

    22,201 total DUI arrests

    248 DUI arrests per 100,000 people

    1.4% of adults who reported drinking too much before driving for 2014

While any number of DUI-related deaths is too many, New Jersey’s rate of 1.24 DUI-related deaths per 100,000 people was the lowest rate of any state in the nation. Between 2003-2012 alone, the CDC reported that 1,816 people were killed in crashes involving a drunk driver in New Jersey. Of those deaths, most were between the ages of 21 and 34.

New York ranked #1 overall with 1.58 DUI-related deaths per 100,000 people, but only 147 DUI arrests per 100,000 people.

The States with the Worst DUI-related Problems are Wyoming (#1), North Dakota (#2), and South Dakota (#3). South Dakota reported 844 DUI arrests per 100,000 people, compared to 838 for North Dakota, and 539 for Wyoming. However, Wyoming also reported the highest number of DUI deaths per capita at 9.56 deaths caused by drunk driving per 100,000 people.

What the Data Means if You Drink and Drive

Make no mistake about it- although the report ranks New Jersey in the top 5 best states for drunk driving incidents, this actually could mean that New Jersey law enforcement officials take DUIs/DWIs even more seriously. This is backed-up by the fact that there was a 31.1% decrease in incidents from the previous year.

Remember, to be considered intoxicated under New Jersey law, drivers only need to have a blood alcohol concentration (BAC) of 0.08%. For some drivers, one drink is enough to reach this level. If a driver is found impaired at any time while operating a motor vehicle, the penalties will be severe, including significant fines, loss of driving privileges, and even jail time.

At the end of the day, one drink can mean the difference between driving legally and being convicted of drunk driving – which might mean losing the ability to provide for your family or loved ones. If you or someone you know is charged with driving while intoxicated, we recommend you seek the advice of an experienced DWI attorney immediately. An experienced drunk driving lawyer will be able to take the time, sit down with you and review your case, and explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you the best result possible.

New Jersey DWI Lawyer Edward M. Janzekovich Can Help Drivers Facing DUI/DWI Charges

New Jersey law enforcement officials take drunk driving extremely seriously. If you or someone you know is charged with a DUI or DWI, it is extremely important that you have someone on your side who will take your defense just as seriously. An experienced 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

New Jersey DWI Attorney Discusses License Suspension Rules When Your Case is Being Appealed

May 3, 2017 by

Man Handing a Police Officer his License

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

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

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

Loss of Driving Privileges

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

How Appeals Work

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

Postponing License Suspension on Appeal

Last month, the New Jersey Supreme Court affirmed certain guidelines that can help drivers appealing their drunk driving convictions.

Specifically, if you are convicted, the Court allows you to have the period of time you are losing your license suspended while you request to have a higher court review your case.

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

The Courts will also look at a number of factors to determine if you are entitled to a stay of your license suspension. The government or prosecutor may argue to the court that you should lose your license immediately if you present a serious threat to the safety of any person or the community. The Court will also look at your entire criminal past and history of motor vehicle offenses, and it may limit your license while the appeal is pending. For instance, the Court may be able to restrict when you drive your car – to or from work only – or require you have an ignition interlock device installed on the vehicle.

Finally, if this is not your first conviction for driving under the influence, the Court may be less likely to grant your request for a stay.

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

Losing your license because you have been driving under the influence of alcohol or drugs can be devastating. If you or someone you know is charged for any DUI/DWI crime, it is extremely important to contact an experienced attorney who can explain what rights you have in your specific situation. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DWI - DUI, License Suspension

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 York Jets Tight End Austin Seferian-Jenkins Reaches Plea Deal in DUI Case

March 30, 2017 by

Close up shot of an alcohol tester

Tight end Austin Seferian-Jenkins lost his job last September with the Tampa Bay Buccaneers after he was arrested for driving while intoxicated. He was initially stopped for speeding, doing 75-80 mph in a 55 mph zone, weaving back and forth, and making an improper lane change. He was also charged for violating a Florida law that required that he have an ignition interlock device on his vehicle, after he plead guilty to a DUI charge he received while in college.

Because Seferian-Jenkins was arrested and convicted in the State of Florida, he was recently able to reach a plea deal in his case. He originally pled not guilty to the DUI/DWI charges. He amended his plea to no contest to a reckless driving charge. This option would not have been available if the same circumstances had occurred in New Jersey. In fact, a lot of things would have been different.

No Plea Deals and Mandatory Sentencing in New Jersey

Unlike Florida, the law in this State 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 in order to receive a reduced sentence. In Florida, Seferian-Jenkins was permitted to enter a plea of no contest to reckless driving and, in exchange, he received 1 year of probation and 50 hours of community service. He also has to attend DUI school and pay a $500 fine.

If Seferian-Jenkins had been pulled over and convicted in the state of New Jersey, he would have received mandatory jail time from 2 to 90 days. This is because Seferian-Jenkins’ 2016 DUI would have been considered a second offense, and a second DUI in New Jersey results in a mandatory jail sentence. As a second offense, his driver’s license would also have been taken away for 2 years. The length of time for suspending the license is specifically required by law, although it can be even longer if the second offense occurred while the driver had a suspended license or if the driver was operating the vehicle in a school zone. Finally, because this was a second offense, Seferian-Jenkins would have been required to pay from $500-1000 in fines, plus mandatory court fees of $389 or more.

Moreover, none of these punishments include any potential additional sentence Seferian-Jenkins would have received because he was also in violation of his ignition interlock device restriction. In New Jersey, many drivers convicted of DUI, including some first time offenders, are required to install and maintain an ignition interlock device on their vehicle, and those drivers can receive heavy penalties for violating this law.

How an Attorney Can Help

The mandatory jail time, period of license suspension, and fines would have been even greater for Seferian-Jenkins if this had been a third or greater offense – and the punishments under the law cannot be negotiated in this state. Moreover, one of the worst consequences of getting convicted for driving under the influence of alcohol or drugs is the fact that it can take away a defendant’s ability to drive and work or otherwise care for his family or loved ones.

For that reason, you should always consult an experienced DUI/DWI 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, such as helping you take advantage of the step-down provision that can help reduce the penalties for a second or greater offense.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Is Ready to Defend the Charges Against You

A DUI/DWI conviction means serious penalties that will affect you and your loved ones. For that reason, it is important to consult a drunk driving lawyer who knows how to help. 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: DWI - DUI

Heightened DUI Enforcement Around St. Patrick’s Day

March 7, 2017 by

St Patrick's Day green beer with shamrock

For the next two weeks, revelers and party-goers across the state will be celebrating St. Patrick’s Day, which is on Friday, March 17, 2017 this year. Similarly, for the next two weeks – but especially on the weekends – police officers and law enforcement officials across the state will also be on heightened alert for anyone who might be on the roads driving drunk or under the influence of any impairments.

For that reason, we at the Law Office of Edward M. Janzekovich would like to remind you to be extra careful about driving during this time period, especially if you’ve been out at bars, attended any parties, or had anything to drink. You should exercise caution to keep yourself, your loved ones, and others safe – because any decision to get behind the wheel drunk could result in serious injuries or worse.

Moreover, even if you think you are capable of driving, underestimating your blood alcohol tolerance by the smallest margin can be the difference between driving legally and facing serious consequences. In fact, even if you operate your vehicle perfectly, you may still be stopped at a random police check point. Being pulled over with a Blood Alcohol Content (BAC) of .08% or more can result in the loss of driving privileges, jail time, and the inability to provide for your family or loved ones.

Police Checkpoints and Stops in the Month of March

Around any holiday, it is common for local police departments to set up unannounced police checkpoints around main roads or near bars or restaurants, in order to randomly check drivers and monitor for anyone who may be driving while intoxicated. However, the police are aware that St. Patrick’s Day, especially, can involve large amounts of drinking. For that reason, last year, the State Police even created sobriety checkpoints on the New Jersey Turnpike on the Saturday leading up to St. Paddy’s Day.

While the State Police acknowledged that the holiday is about “fun in the streets, socializing with your closest friends, and rejoicing in celebration,” they also pointed out that “people who choose to drive after drinking already know how expensive, life-changing, and deadly such a decision can be.” The public service announcement further encouraged other drivers to dial a special hotline or call a police station to report aggressive, intoxicated, or questionable drivers.

This is not an issue limited to New Jersey, either. For the next two weeks, police officers across the state and the country will be on the look-out for any signs or drunk driving. In fact, statistics from Maryland and New York showed that hundreds of drivers were arrested on or around the holiday last year, while 41% of fatal crashes on St. Paddy’s day last year were alcohol related. Therefore, if you plan to go out and celebrate during March, you should take a taxi, call an Uber, or pick a designated driver. Otherwise, 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.

If You Are Arrested or Charged with DUI/DWI, An Experienced Attorney Can Help

Even if you think you did not do anything wrong while driving, a BAC of .08% or higher in this state is a per se violation – which means that you can be convicted of drunk driving even if you pass every field sobriety test at a DUI checkpoint and did not do anything wrong in the operation of your vehicle. There are some ways to challenge breathalyzer evidence, but it is extremely complicated. For that reason, if you or someone you know is arrested or charged with driving under the influence of alcohol, drugs, or some other impairment, it is important to contact an attorney as soon as possible.

A knowledgeable and experienced drunk driving lawyer will be able to review the circumstances of your case, inform you of your rights and the possible consequences you may be facing, and help you present the best defense on your behalf. Depending on your situation, an experienced attorney may even be able to have the charges against you dismissed completely.

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

If you or someone you know is pulled over, arrested, or charged with driving under the influence of alcohol or drugs, it is extremely important to contact a knowledgeable attorney who can explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer will also argue on your behalf and may be able to have the charges against you dropped entirely. Having an experienced 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

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: ,

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
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South River, NJ 08882
Phone: 732-257-1137 Fax: 732-791-1437
E-mail: [email protected]

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