DWI – DUI – Page 8

New Jersey’s Open Container Law

October 24, 2016 by EMJanzekovich

A lot of people know that you are not allowed to drive a vehicle with an open container of alcohol inside. Open container laws actually exist in some form or other in almost every state due to a requirement of the federal Transportation Equity Act for the 21st Century, including New Jersey – a total of 43 states have open container laws in place, 40 of which conform to the federal standards outlined in the Act. However, while most New Jersey drivers know about these laws, many do not know exactly how the laws work, what the penalties are, and if there are any exceptions to the rule.

Open Containers of Alcoholic Beverages in a Motor Vehicle

New Jersey statute, N.J.S.A. 39:4-51b, makes it illegal for any occupant of a motor vehicle to have an open or unsealed alcoholic beverage inside of the motor vehicle that is on a public roadway. The law applies even if the person is not drinking the alcohol (meaning consumption is not required for the behavior to be illegal). Moreover, the law applies even if the person with the drink is not the driver – no one in a motor vehicle may have an open alcoholic drink in New Jersey.

Penalties for Violating the Open Container Law

If you are caught with an open container of beverage in a motor vehicle on a public road in New Jersey, you can be charged with a fine for $200 dollars plus $33 in court costs and a $6 surcharge for a first offense. For a second offense, you can be charged $250 or 10 days of community service, plus $33 in court costs and a $6 surcharge. There are no Division of Motor Vehicle points or surcharges associated with this violation.

Exemptions from the Open Container Law

There are some exemptions listed under N.J.S.A. 39:4-51b. The most important one allows you to carry an open container of alcohol if you place the bottle in the trunk of your vehicle. If you are in a vehicle without a closed off trunk space, such as an SUV or hatchback car, then you can place the container behind the last upright seat – essentially where a trunk would be in the vehicle. There is also an exemption that exists for RVs, motor homes, and house trailer type vehicles – an open alcoholic beverage can be placed or held in the living quarters area of such a vehicle. Similarly, an exemption exists for certain special vehicles, such as limousines or special charter buses with specific license that would allow a person in the passenger area of such a vehicle to be excluded from the open container law requirements.

Finally, the law requires a passenger to knowingly have the open container in order for him or her to be penalized under the statute. This means that you are not guilty simply because you are a passenger in a vehicle with an open container of alcohol – it has to actually or constructively be yours. For instance, if you are in a vehicle with several other people, and one of the passengers has an open container of alcohol, you cannot be found guilty of violating the law if you did not know about the alcohol. At the same time, even if the bottle is not yours, you may be charged with breaking the law if you take possession of the bottle, such as by drinking it.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Explain Your Rights and Defend You in Court

If you or someone you know is charged for any crime relating to driving under the influence of alcohol or drugs, including an open container law, it is extremely important to contact an experienced DUI/DWI attorney who can explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can also argue on your behalf and help get you the best result possible. 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: DWI - DUI, New Jersey Open Container Laws

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

September 27, 2016 by EMJanzekovich

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

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

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

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

An Example of Contradictory Mandates and Court Opinions

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

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

An Example of Difficulty with Enhancements

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

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

The Need for an Experienced DWI / DUI Attorney

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

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

A charge for operating a motor vehicle with a revoked or suspended license can result in serious and complicated penalties that affect you and your loved ones. If you are charged with driving with a suspended or revoked license in New Jersey, an experienced DWI / DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

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

Breathalyzer Regulation and When You Can Challenge a Breathalyzer Result

September 16, 2016 by EMJanzekovich

When you think of getting pulled over for suspected drunk driving, two of the things that will probably happen are 1) you will be asked to perform a field sobriety test, where police ask a driver to walk in a straight line, follow a flashlight with their eyes, or count while standing on one foot; and 2) you will be asked to take a “breathalyzer” test. In New Jersey, when you have been pulled over for any reason, and the officer has reasonable cause to believe that you were driving under the influence of alcohol or drugs, the breathalyzer test that measures your blood alcohol content (BAC) will be the best evidence that the prosecution will have against you if you are later charged for DUI / DWI.

Though many people still refer to it as a “breathalyzer,” New Jersey actually uses a process known as the Alcotest 7110 MK-IIIC to officially obtain BAC results. Regardless of the test used, the law requires that any blood alcohol test used against you be properly administered by the right people, and the evidence against you must be protected to make sure that it is not tampered with in any way.

If there is something wrong with the way a blood alcohol test is given to you, wrong with who gives you the test or checks the results, or wrong with the way the evidence is stored and produced at trial, an experienced DWI / DUI attorney may be able to challenge the results of the test and have them excluded at trial.

Road Side or Portable Breath Test

Many drivers do not realize that there are two potential breath tests that a police officer may use during a drunk driving investigation and arrest: the roadside breath test and the station test. The roadside breath test is also referred to as a portable breath test (PBT), and it is not as accurate as the station test. For that reason, the PBT is only used to get an estimate of BAC and used to establish probable cause that a station test is necessary. The results of the PBT are not admissible in court to prove drunk driving.

Regulation of Alcotest 7110 and other BAC Tests

In order to be considered legally valid and admissible in evidence, a BAC test must be performed on a device and through the use of procedures that are approved by the attorney general. Moreover, the person who performs the test must be properly trained and approved by the attorney general. Currently, the Alcotest 7110 has been approved by the attorney general, and, despite being challenged in the past, it has been upheld as scientifically reliable by the Supreme Court of New Jersey.

Challenging the Alcotest Results

Because the process is strictly regulated, an experienced attorney may still be able to raise several challenges to the BAC results, some of which are:

Improper certification of the Alcotest machine – meaning the machine was not properly inspected by a Breath Test Coordinator Instructor, who issues a Breath Testing Instrument Inspection Certificate.
Improper calibration of the Alcotest machine – meaning the results may have been inaccurate.
Improper qualification or certification of the officer operating the Alcotest machine – if the breath test operator was not certified or had an expired certification, the results of your breath test will be inadmissible.
Possible contamination of the Alcotest reading.
Improper adherence to the 20 minute observation mandate.

Because BAC readings are not always perfect, there may be ways to challenge breathalyzer test results and have them excluded. For that reason, it is especially important to always consult an experienced DWI / DUI lawyer if you are pulled over and charged with drunk driving. A DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

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

A DUI / DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI / DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Drunk Driving, DWI - DUI

Your Right to Discovery When Charged with a DUI / DWI

September 7, 2016 by EMJanzekovich

In New Jersey, the law states that if you are charged with driving under the influence of drugs or alcohol, you are entitled to discovery in your case. That means that you are allowed to request all the evidence held by the prosecution that is relevant to your situation. In State v. Utsch, the New Jersey Superior Court Appellate Division ruled that a defendant is entitled to discovery in any case where he or she may be imprisoned or subject to serious consequences – and a DUI / DWI conviction is subject to severe penalties in the form of possible imprisonment, extensive fines, and almost assuredly will result in some period of license suspension.

How Do You Obtain Discovery?

Obtaining discovery is a relatively simple procedure, because the law provides for discovery in any DUI/DWI case. In order to receive the relevant evidence, all you need to do is make a proper written demand upon the prosecutor, and an experienced DUI attorney will know how to request discovery, who to request discovery from, and what discovery to request. Importantly, the law requires that the demand for discovery be made at the same time that the DWI attorney enters his or her appearance with the Court.

What Evidence Are You Allowed to Obtain in Discovery?

The Court Rules limit the scope of discovery in a drunk driving case to relevant materials, which means the evidence must reasonably be usable to assist in the defendant’s case. Relevant evidence includes:

Records of statements, confessions, or admissions made by the defendant;
Recorded grand jury proceedings;
Results or reports of any physical or mental examinations and of scientific tests or experiments made in connection with the matter;
Records of the defendant’s prior convictions;
Photographs or images related to the case;
Video or sound recordings related to the case;
Names, addresses, and statements of any witnesses or other persons who know relevant evidence or information;
Any police reports;

Furthermore, in the case of State v. Chun, the New Jersey Supreme Court outlined the discovery permitted in a DUI case involving an Alcotest or breathalyzer test, which includes:

New Standard Solution report of the most recent control test solution change, and the credentials of the operator who performed that change;
Certificate of Analysis for the .10 percent solution used in the Report;
Draeger Safety Certificate of Accuracy for the Alcotest CU34 Simulator;
Draeger Safety Certificate of Accuracy for the Alcotest 7110 Temperature Probe;
Draeger Safety Certificate of Accuracy for the Alcotest 7110 Instrument;
Calibration Records;
Certificate of Analysis for the .04, .08, .10, and .16 percent solutions used in Calibration;
Draeger Safety Ertco-Hart Calibration Reports; and
Additional standard items of Alcotest discovery including the alcohol influence report and worksheet.

When Are You Entitled to Discovery?

The New Jersey Court Rules require a prosecutor to respond to a Discovery Request within 10 days of receiving the request, although this does not mean the prosecutor must deliver all the evidence in that time. Usually, the prosecutor will respond by informing the defense attorney that a request for the evidence has been made to the proper police records clerk for processing and transmission. The prosecutor is then responsible for providing complete discovery or for providing the defendant with a list of the evidence that is missing with an explanation of why it has not been handed over.

If discovery is not provided by the prosecutor, and an attempt is made to reach an agreement on discovery issues, a defendant may make a formal motion with the Court for relief, which can include a Court order that would prohibit the prosecution from using the undisclosed evidence later on. A defendant may also be able to make a motion to limit the time in which evidence must be handed over, and if it is not provided within the time limit, the case may be dismissed or thrown out. For this reason, it is especially important to always consult an experienced DWI / DUI lawyer if you are pulled over and charged with drunk driving. An experienced DUI attorney will know the best way to defend against the charges or have the charges dismissed completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Knows What to Do If You Are Charged with DUI / DWI

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or a href=”/contact/”>contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Field Sobriety Tests

Whether You Are Functional or Coordinated During a Sobriety Test is Not a Defense Against a BAC Over 0.08%

August 31, 2016 by EMJanzekovich

Some people have the ability to have a few drinks and still be relatively well-coordinated – sometimes referred to as being a “functional drunk.” Such individuals may even be proud of the fact that they can be drunk and still perform regular activities. This ability may even extend to the person’s performance on a field sobriety test, if he or she is pulled over. Regardless of whether or not a person is completely successful on a field sobriety test, however, his or her performance will not be admissible to rebut a blood alcohol content (BAC) reading of over .08%. For that reason, it is important that you never drive drunk, even if you think you are okay and it won’t affect your driving at all.

Field Sobriety Test and Video Evidence

If you are pulled over for and suspected of drunk driving in New Jersey, one of the things a police officer will probably do is ask you to perform a series of movements that make up a field sobriety test – including walking in a straight line, following a flashlight with your eyes, holding out your arms and touching your nose with one finger, or counting while standing on one foot. It is also very likely that the officer will make a video recording of your performance on this test.

Because you can be on video every time that you are pulled over, it is important to remain polite and compliant, in case the video is later viewed by a judge or admitted as evidence in a trial. One of the ways the state may attempt to prove that you were driving drunk is by presenting evidence that you failed your field sobriety tests. Therefore, 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.

Field Sobriety Test Performance Does Not Rebut a BAC of 0.08% or Greater

At the same time, in the case of State v. Tischio, the Court concluded that a breathalyzer test result of 0.08% or greater, within a reasonably period of time after the operation of a vehicle or arrest, is conclusive proof of guilt. This means that a properly taken BAC of 0.08% or greater is a per se violation of New Jersey’s law against drunk driving, and this cannot be rebutted through other evidence.

Therefore, even if you perform really well on a field sobriety test – including if you manage to keep your balance when standing on one foot, walk in a straight line perfectly, and otherwise have no trouble speaking with a police officer and answering questions – you can still be convicted of a DWI/DUI. This is because the state can prove that you were operating a vehicle under the influence of alcohol two different ways – through BAC evidence and through evidence of your inability to pass a field sobriety test. Any evidence of how you performed on a field sobriety test cannot be admitted to dispute the BAC reading, which can only be challenged through other defenses that are specific to how and when the breathalyzer or BAC test was performed.

At the same time, a BAC reading is not always perfect. There may be ways to challenge breathalyzer test results and have them excluded, at which point your performance on a field sobriety test can become very important. For that reason, it is especially important to always consult an experienced DWI/DUI lawyer if you are pulled over and charged with drunk driving. An DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

Contact New Jersey Drunk Driving Attorney Edward M. Janzekovich

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced 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, Drunk Driving, DWI - DUI, Field Sobriety Tests

Driving Under the Influence of Drugs, Including Cocaine, Heroin, Meth, and Other Substances in New Jersey

August 22, 2016 by EMJanzekovich

Under New Jersey law, N.J.S.A. 39:4–50(a), you cannot drive a motor vehicle if you are “under the influence… of a narcotic, hallucinogenic or habit-producing drug.” New Jersey courts have since expanded this law to include any substance that has produced a narcotic effect – and the law does not even require that the specific drug be identified. If you have used a substance that would change your normal physical coordination or mental abilities to the point that you can be considered a danger to yourself or others on the road, then you may be charged with driving under the influence of drugs, also known as DUID.

If you go to trial for a DUI/DWI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of some drug or mind altering substance. When it comes to alcohol, the standard breathalyzer test and field sobriety tests used to demonstrate that a person was driving drunk are well known. When it comes to DUID for drugs like cocaine, however, a case can be somewhat more complicated. The State may require expert testimony to establish that there were drugs in your system and that these drugs actually made you unable to safely operate your vehicle. For that reason, it is especially important to consult an experienced DWI/DUI lawyer, who will be able to identify if the State’s investigation into your charges was proper and who may be able to have your charges either dismissed or downgraded by discrediting this evidence.

How Does the State Prove Narcotic Use?

In a prosecution for driving while under the influence of drugs, the State will use observations and testimony to establish that a person was using drugs at the time he or she was arrested, as well as to show that the person was intoxicated. For instance, if a police officer suspects a driver of being under the influence of narcotics, the first thing he or she will probably do is request that the driver undergo a blood or urine test. This evidence would then be admitted at trial through admission of the person who performed the analysis or an independent reviewer. Barring exigent circumstances, New Jersey law does not require that a driver undergo a blood or urine test. The driver does have the right to refuse to participate in testing. To obtain a blood or urine sample, the police MUST either (1) gain the drivers voluntary informed consent (meaning the driver has the right to refuse) or (2) the police obtain a search warrant to force a driver to give blood or urine for testing (if a warrant is issued, you must comply).

The State will also need to present evidence that the driver showed signs of intoxication. This is because a defendant can argue that any traces of narcotics in his blood or urine were left over from some other time and did not impair his or her ability to drive. Such evidence can be observed from speaking to a driver and by asking a driver to perform a field sobriety test – things like walking in a straight line, standing on one foot, or using your eyes to follow a light. Again, the State may need to present this evidence through an expert, such as a police officer with sufficient training to identify narcotic influence. In the recent case of State v. Beyer, the New Jersey Appellate Division affirmed the DUID laws and procedures, when it held that a driver could be convicted of driving under the influence of cocaine based on the fact that the driver was found asleep at the wheel of a car with its engine running, the driver admitted to using cocaine earlier, urinalysis showed the presence of cocaine, and the driver showed signs of falling, swaying, and staggering during the field sobriety test.

Because defending against charges of driving under the influence of drugs can be very complicated, it is important to get an experienced DUI/DWI attorney in any situation where you or someone you know is charged. An experienced DWI/DUI attorney will be able to help present the best defense possible or have the charges against you dropped completely.

New Jersey DUID Attorney Edward M. Janzekovich Can help if You Are Charged with Driving Under the Influence of Drugs, Including Molly, Ecstasy, Marijuana, or Other Illegal Substances

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the State of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drugged Driving, Drunk Driving, DWI - DUI, Uncategorized

New Jersey DWI Lawyer Discusses When You Can Get a New Trial in Your Drunk Driving Case

August 16, 2016 by EMJanzekovich

The criminal justice system in New Jersey and in the United States is used to decide when defendants are guilty or innocent of crimes that they are charged with, but guilt and innocence is not the only thing the court is concerned with. Society wins not only when the guilty are convicted but when criminal trials are fair. For that reason, if you or someone you know is found guilty of driving under the influence of alcohol of drugs, you may be entitled to a new trial if your attorney can show that the case brought against you was improper or unfair.

In Brady v. Maryland, the United States Supreme Court held that when a prosecutor withholds exculpatory evidence, which is evidence that could possibly be used to show that a defendant was not guilty or could be used to lessen a defendant’s sentence, the court may be required to take corrective measures. The New Jersey Supreme and Appellate Courts have applied Brady for the benefit of New Jersey defendants charged with DWI / DUI in numerous cases, most recently citing the rule in State v. Stein.

In Stein, the New Jersey Supreme Court actually noted that New Jersey law is even more expansive because New Jersey Court Rule 7:7-7 requires more discovery be provided to the defendant than in Brady. Under the rule, state prosecutors must release all evidence or information that is relevant to a legitimate defense. In order to establish a Brady violation in drunk driving cases, the defendant must prove the following three facts:

The prosecution failed to provide evidence to the defense in violation of Rule 7:7-7;
The evidence would have been something that is good for or benefits the defendant;
The evidence is material, meaning the defendant can show that there is a good chance the defendant could have used the evidence to change the result of the trial or of a plea agreement.

Exculpatory evidence may include more than just things that directly relate to the case, it can also include evidence that has to do with the credibility of a witness, meaning evidence that makes a witness more or less believable. A failure by the State to provide exculpatory evidence to the defense can be considered a denial of due process and entitle a defendant to a new trial.

If a defendant requests a new trial based on a Brady violation, the court does not look at just one piece of evidence to determine if that would have affected the trial. Instead, the court will look at all of the evidence that was suppressed, and the court will decide if the decision to plead guilty or the results of the trial would have been different if the defendant had the chance to present the evidence.

When it comes to drunk driving charges, a Brady violation usually has to do with evidence that may affect a defendant’s blood alcohol level or may be used to exclude the blood alcohol test results. For example, if the state fails to provide evidence that the breathalyzer machine used on the defendant was improperly maintained or was likely to produce inaccurate readings, this can result in a new trial. Similarly, suppressed video evidence may form the basis of a Brady violation.

Importantly, in New Jersey, you lose this right if you forget to ask for the evidence or fail to object when you do not receive that evidence. For instance, in Stein, the Court held that the defendant may have been entitled to the names of certain witnesses that were used against him, but he forgot to object and lost his chance to request a new trial based on the government’s failure. For that reason, it is important to get an experienced drunk driving attorney in any situation where you or someone you know is charged with DUI / DWI. An experienced DUI attorney will know what evidence to ask for from the state and will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can help if You Deserve a New Trial in a DUI or DWI Case

A DUI or DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI / DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the State of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drunk Driving, DWI - DUI

Reasonable Suspicion is Required to Administer a Field Sobriety Test

August 3, 2016 by EMJanzekovich

If you are pulled over by a police officer in New Jersey, and the officer thinks that you have been driving under the influence of alcohol or drugs, one of the things he or she may ask that you do is perform a series of movements that make up a field sobriety test – including walking in a straight line, following a pen with your eyes, holding out your arms and touching your nose with one finger, or counting while standing on one foot. This may come before or in addition to a breathalyzer test if the officer believes you are intoxicated. If you are later charged with a DUI / DWI, your ability to perform the field sobriety test may be used as evidence in a case against you. There is no statutory penalty for refusing to perform a field sobriety test in New Jersey, but if you do refuse, a judge may consider your refusal to mean you were too drunk to do them.

Nonetheless, a police officer does not have an unlimited power to ask anyone and everyone to perform a field sobriety test. Numerous New Jersey court cases have said that a police officer may only ask you to perform a field sobriety test if he or she has a “reasonable, articulable suspicion” that you are driving drunk or under the influence of some other substance. If the State cannot prove by a preponderance of evidence that the officer had this “reasonable and articulable suspicion” at the time the field sobriety test was performed, then your attorney may make a Motion to Suppress before the court to have the evidence excluded. This means that the prosecutor will not be allowed to use this evidence against you to prove the charges of driving under the influence of alcohol or drugs, and can ultimately prevent the State from proving its case.

There is no specific definition of a “reasonable and articulable suspicion” under the law, but the standard is based on the police officer’s knowledge, experience, observations, and reasonable inferences. For example, a reasonable suspicion includes if the officer smells alcohol coming from the car or the driver’s breath, if the driver had bloodshot or watery eyes, or if the driver’s speech was slurred.

In the recent case of State v. Dunn, the New Jersey Appellate Division found that a driver’s statements regarding drinks she had had earlier in the day could create a reasonable, articulable suspicion that the driver was operating the vehicle while intoxicated, even if there were no other signs of DUI / DWI – no detectable odor of alcohol, slurred speech, or bloodshot eyes. In Dunn, the police officer did not ask the driver if she had been drinking, but she volunteered that she had had three beers earlier in the day. This was enough for the officer to ask the defendant to step out of the car, at which time he smelled the odor of alcohol.

It is important to note that a police officer must first have a legitimate reason to make a motor vehicle stop before pulling a driver over. Furthermore, if the reason the driver was pulled over was for a minor violation, like a traffic offense, the officer must have a reasonable, articulable suspicion that is unrelated to the traffic offense before the officer can administer a field sobriety test to see if the driver was operating the vehicle under the influence of drugs or alcohol.

We know from Dunn, that if the driver admits to drinking at least three beers earlier in the day, reasonable, articulable suspicion is created for an officer to administer field sobriety testing.

But what if you admitted to having only one drink or two, would that rise to the same level? As a result of the Dunn decision, I would say yes, that any admission to drinking any amount of alcohol prior to operating a motor vehicle would probably create reasonable, articulable suspicion that the operator may be intoxicated and allow the officer to conduct field sobriety tests.

In New Jersey, the ambiguous nature of the law means that it is important to obtain an experienced drunk driving attorney in any situation where you or someone you know is charged with DUI / DWI. The facts of every case are different and can influence how the case is tried. An experienced DUI attorney will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Review the Evidence Against You in a DUI / DWI Case

Filed Under: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints

New Study Finds Tests Used by States to Determine if a Driver is Impaired by Marijuana Use Have No Scientific Basis

July 27, 2016 by EMJanzekovich

Around the country, many states are passing laws legalizing, or decriminalizing the use of marijuana for medicinal and non-medicinal purposes. In New Jersey, marijuana remains a Schedule I controlled substance, but the New Jersey Compassionate Use Medical Marijuana Act made the cultivation, sale, possession, and use of marijuana legal for specific purposes, under strict medical guidelines. Under New Jersey law, you can be charged with DUI / DWI for being under the influence of a marijuana while operating a motor vehicle. However, the statute does not specify a specific amount of the drug that must be present in someone’s body at the time they were driving, with the well-known exception of alcohol – a person with a blood alcohol concentration (BAC) of 0.08 percent is presumed to be legally impaired, which is known as a “per se standard.”

In recent months, some states have designated a per se standard for THC, the active component of marijuana. For example, Pennsylvania now has a per se standard of one nanogram of THC per milliliter of blood. To date, six states employ tests to determine if someone is driving impaired by marijuana use. Those include Colorado, Montana, Nevada, Ohio, Pennsylvania and Washington. New Jersey law currently does not yet provide for a specific threshold for THC. Importantly, however, a recent study by the nation’s largest automobile club found that the tests employed have no true scientific basis.

The study commissioned by American Automobile Association (AAA)’s safety foundation said it is not possible to set a blood-test threshold for THC, which is the chemical in marijuana that makes people high, that can reliably determine impairment. Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit and not guilty if it’s lower. As a result, the foundation said that drivers who are unsafe may be going free while others may be wrongly convicted. As a result of the study, the foundation is advocating that the per se standard laws be replaced by ones that rely on trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC, rather than a specific threshold. Officers are trained to screen for indications of impairment due to drug use, such as pupil dilation, tongue color, slurred speech, and body behavior.

Determining whether someone is impaired by marijuana, as opposed to having simply used the drug at some point, is more complex than the reliable blood alcohol tests that have been developed for alcohol impairment. There is currently no science indicating that drivers become impaired when a specific amount of THC is noted in their blood. Rather, much depends upon the individual. Drivers with relatively high levels of THC in their systems may not be impaired, especially if they are regular users, while others with relatively low levels may be unsafe behind the wheel.

In New Jersey, the ambiguous nature of the law means that it is important to obtain an experienced DUI attorney in any situation where you or someone you know is charged with driving under the influence of marijuana. There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner [as] we do alcohol,” but the reality is that the laws regarding marijuana remain flawed and an experienced DUI attorney will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey DUI Attorney Edward M. Janzekovich Can Help Drivers Charged with Driving Under the Influence of Marijuana

A DUI or DWI charge for operating a motor vehicle under the influence of marijuana is a new and complex of area of the law. Such a charge can have severe penalties and it is important to understand those penalties and how to best defend against them. If you are charged with drunk driving or driving under the influence of any substance 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: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, DWI - DUI

Penalties for a Drunk Driver Involved in a Hit-and-Run Accident

July 21, 2016 by EMJanzekovich

Driving a motor vehicle that is involved in a collision and then fleeing the scene, otherwise known as a “hit-and-run” accident, is an extremely serious matter in the state of New Jersey. The penalties for being involved in a hit-and-run become even more serious in cases where the driver was under the influence of drugs and/or alcohol. If you or someone you know is involved in this situation, it is important to contact an experienced defense attorney that can help you defend against these serious charges.

People flee the scene of an accident for many reasons. Sometimes it is because they are scared and panic, or because they did not have their license or insurance information. Sometimes it may be because they have a warrant out for their arrest, are concerned because they are under the influence of drugs or alcohol, or may have illegal substances inside their vehicle. No matter the reason, fleeing the scene is never justified. In New Jersey, you are required to stop after an accident.

Whether someone was hurt or not, you must stop and wait for officials to come and make a report of the accident. If someone is hurt, you should help by calling 911 and waiting for assistance from an ambulance or emergency response team. The law requires you provide what is called “reasonable assistance.”

If you fail to do so and leave the scene, you can be criminally charged for the hit-and-run. The charges you can face and potential penalties under the law depend on the circumstances of the accident. The more serious the accident, the more serious your charges will be. Under the guidelines provided for in New Jersey Statutes Annotated 39:4-129, someone convicted of hit-and-run can face the following potential penalties:

If the accident resulted in injury or death to another person:

a fine between $2,500 and $5,000;

up to 180 days in jail;

the revocation of a driver’s license for up to one year, if it is the driver’s first hit-and-run offense.

If the accident caused only vehicle damage, you could face:

up to 30 days in jail;
six-month driver’s license suspension;
fines reaching up to $400.

It is important to note that this law applies even if the vehicle was unattended or unoccupied. These charges would come in addition to any other charges that might apply, such as driving under the influence of alcohol or drugs, or for speeding or reckless drive.

Additionally, if you are a subsequent offender, you will be more likely to lose your driver’s license permanently. Finally, besides facing criminal charges and penalties, a hit-and-run conviction can also increase your insurance rates or potentially cause you to lose your car insurance altogether. All of this, in addition to other penalties you can face for driving while intoxicated, can be overwhelming. There are defenses to these charges. Regardless of the circumstances of your case, you should consider getting an experienced drunk driving attorney to help you understand your rights and present the best defense possible.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Drivers Facing DUI and Hit-and-Run Charges

A New Jersey DUI / DWI charge, especially one involving a hit and run incident, can have severe penalties and it is important to understand those penalties and how to best defend against them. If you are 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.