Courts Find Citizens Can’t Be Charged with Operating a Motor Vehicle During License Suspension for Simply Not Administratively Reinstating Their License

July 11, 2016 by

A form from the DMV suspending a driver's license.

If you are a New Jersey resident facing a charge for driving a motor vehicle during license suspension because of a previous DUI / DWI conviction or convictions, the court recently made some important decisions that could affect your case.

On June 6, 2016, in State v. Torres, the Superior Court Appellate Division vacated a judgment of conviction against a defendant for a third degree offense of operating a motor vehicle during a period of license suspension which he received after a multiple driving while intoxicated (DWI) offenses. The individual had been found guilty of DWI before in 2004 and 2006. After the 2006 conviction, his license was suspended for two years. In 2011, after his two-year license suspension ended but before it was officially reinstated by the state, he was stopped by a police officer who did a random check of the license plate and found that it was not registered to the right vehicle. During the traffic stop, the driver explained to the police officer that his license was suspended and that he owned the vehicle, but that the license plates were from a relative’s vehicle. The police officer then confirmed that the driver’s license was suspended and issued him a citation for a motor vehicle violation. After the vehicle stop, the police officer reviewed the driver’s motor vehicle history and then issued a complaint charging the driver with violating N.J.S.A. 2C:40-26(b), which restricts any person from operating a motor vehicle with a suspended license that was received as a result of a DWI / DUI conviction. At trial, the driver was found guilty and sentenced to a minimum of 180 days in county jail and 2 years of probation.

With the help of an attorney, the driver appealed the conviction and argued that he should not have been found guilty because the 2-year period for his license suspension was already finished on the date that he was pulled over, and he only failed to take the administrative steps to get his license reinstated. The Appellate Division agreed.

The court found that the law was “silent as to those driving without reinstatement beyond the court-imposed term of suspension,” and concluded a person cannot be guilty under the law against driving with a suspended license unless he or she is actually driving during the court imposed license suspension period. Therefore, the conviction against the driver in State v. Torres was overturned. In making its decision, the Appellate Division referred to State v. Perry, another case in which a citizen was wrongfully charged with an offense after forgetting to administratively reinstate his license.

If you have previously been convicted of driving while under the influence of drugs or alcohol and have had your license suspended, it is important that you do not drive with a suspended license. The penalties for driving during a suspension period are very serious. Nonetheless, if you are pulled over for driving with a suspended license as the result of a past drunk driving conviction, an experienced DUI / DWI lawyer will be able to help you understand your rights and help you present the best defense in your case. Depending on your specific circumstances, an experienced drunk driving attorney may be able to have the charges against you dropped completely.

New Jersey DWI Lawyer Edward M. Janzekovich is Ready to Defend Drivers Facing DUI / DWI Offenses

If you or someone you know is being charged with a DUI / DWI or for driving with a suspended license, an experienced drunk driving lawyer can help you defend your case. 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: DWI - DUI, License Suspension

How A DUI/DWI Conviction Can Affect Your Car Insurance In New Jersey

June 20, 2016 by

Criminal hands locked in handcuffs on dark background

When you find yourself facing a drunk driving charge in New Jersey, you may be thinking of all the possible ramifications of having such a conviction on your record – things like what kind of sentence are you facing or whether you are facing fines, probation, license suspension, or even jail time? Perhaps you are worried about how it will affect your present job, or ability to find gainful employment? Furthermore, you may be concerned about missing work for court appearances, or how much court fees may wind up totaling. However, one thing many people don’t think about until later on is how a New Jersey DWI conviction can also affect your car insurance.

How Will My Car Insurance Rate Be Affected?

After a DUI conviction, a New Jersey resident can unfortunately expect their monthly insurance bill to increase significantly. That is because you are now considered a “high-risk driver.” This can regrettably affect an individual for many years. DUI/DWI convictions in New Jersey will stay on your record forever, and affect your insurance for at least three years and with some insurance companies for much, much longer. This can also make you ineligible for “safe driver” discounts that insurance companies advertise, if you have a conviction on your criminal record for driving under the influence of drugs or alcohol. Estimates show that insurance rates can increase anywhere between 30 to 200 percent, depending on the circumstances and your automobile insurer carrier’s policies. In other words, if you had a $100 per month rate, it could be raised anywhere from $130 to $300. The exact increase would depend on your driving history, other moving violations, lapses in coverage, length of stay with the insurance company, and the details surrounding the DUI incident.

Can My Insurance Be Cancelled?

Moreover, some car insurance companies may terminate service with you altogether after learning of a DUI/DWI conviction, and these companies have the right to do so. Companies can simply cancel your policy or choose not to renew it, despite your possible desire to remain with the company. As you can imagine, when this unfortunately occurs, finding an understanding car insurance company can be extremely difficult. Even if you are able to find a car insurance carrier willing to work with you after having a DWI conviction, you can expect to pay fees far higher than what you may have previously been used to.

Filing an SR22 / FR44 Insurance Form to Reinstate Your License After a DUI/DWI Conviction
Following a conviction for a New Jersey DUI, you may also be required to file an SR22 / FR44 insurance form when you seek to reinstate your license after a period of suspension. This is a form that proves that the driver has met the State’s minimum liability insurance coverage, as well as the State’s minimum financial responsibility requirements. This provides a guarantee to the State of New Jersey that an insurance company has issued you the minimum amount of insurance coverage required in order to drive a vehicle in New Jersey, despite being a “high-risk driver.” In other words, you will be producing proof that you have a car insurance policy following your conviction. The SR22/FR44 can be required for a number of years and can become quite expensive and tedious to deal with.

For all these reason, it is important to speak with an experienced DUI/DWI lawyer if you are ever charged with driving under the influence of drugs or alcohol. An experienced attorney may be able to defend against these serious charges and help you avoid the costly consequences of a DUI conviction in New Jersey.

New Jersey DWI/ DUI Lawyer Edward M. Janzekovich Can Help You Understand How a DWI/DUI Conviction Can Affect Your Rights

Navigating the possible consequences of a DUI conviction, including how your car insurance may be affected, can be complicated and DUI attorney Edward M. Janzekovich can help. If you are charged with drunk driving or driving under the influence in New Jersey, it is important to speak with an experienced New Jersey DWI lawyer about your situation, 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: DWI - DUI

Consequences of a First or Second DUI for Commercial Drivers

June 13, 2016 by

Man being given sobriety test

If you or someone you know is a commercial driver in New Jersey, the potential consequences of facing a first or second drunk driving charge cannot be understated. When driving is your livelihood, and possibly the sole source of income for you and your family, the penalties for drunk driving even one time can be devastating. Many commercial drivers don’t realize that they may be facing additional penalties for even their first offense. If you are charged with DUI, what are you actually facing?

First Offense

Anyone facing a DUI charge in New Jersey is justifiably concerned about the possible effects of a conviction. But for commercial drivers in our state specifically, the consequences are enhanced. A commercial driver in New Jersey who is found guilty of operating a commercial vehicle while under the influence is subject to many consequences. Those include notification to the Commercial Driver License Information System, suspension of his/her commercial driver license for between 1 to 3 years, as well as fines and possible jail time. There is no set fine for a first violation, however under N.J.S.A. 39:3-86, the court may impose a fine of anywhere between $25 to $500. Additionally, a $33 court fee may be imposed, as well as a $6 surcharge and $50 assessment to the Victims of Crime Compensation Board. Finally, although the laws do not specifically state a jail term for a first offense, it is possible for the court to impose a sentence of up to 30 days in jail if the offense involves a commercial vehicle

Additionally, even if this is your first offense, but you have previously been convicted of certain other crimes, you can be subject to a mandatory lifetime suspension of your commercial driving privileges. If you are a full-time driver in shipping, transport, or other industries, this means you could become deprived of your sole source income and be denied employment in your field of choice.

Previous convictions for the following crimes would subject you to the lifetime suspension:

  • Operating a commercial vehicle while on the revoked list
  • Leaving the scene of a motor vehicle accident as an operator driving a commercial vehicle
  • Using a commercial vehicle in the commission of a crime
  • Refusal to submit to a breath test

Also, it does not matter when these previous convictions happened. A court may consider it even if it was 5, 10, 30 years ago. Therefore, if you ever find yourself facing a DUI charge while operating a commercial vehicle, you should consider retaining an attorney and carefully review your past and advise your attorney of any previous criminal history you may have. It is also important to note that if you happen to be transporting any hazardous material or even just are driving a vehicle that simply displays a hazardous material placard, your commercial driver license must be suspended for three years under New Jersey state law.

Second Offense – mandatory lifetime loss of CDL

If you have previously been convicted of a DUI while operating a commercial vehicle, you know the serious consequences that you can face. Although the monetary penalties are the same for second-time offenders who are found guilty of operating a commercial vehicle while under the influence, there are a few key differences when it comes to facing a second offense. First, second offender operating a commercial vehicle are subject to a jail term of between 2 to 90 days. Second, you will lose your commercial driving privileges for life. Third, step-down provisions that New Jersey provides for some subsequent DUI offenders DOES NOT APPLY to suspensions of commercial driving privileges. Notably, however, New Jersey law does allow for a possible reduction of a lifetime suspension of your commercial driver’s license to 10 years. This power lies with the Chief Administrator of the Motor Vehicle Commission and they have certain guidelines regarding when a reduction is appropriate. Therefore, it is important to discuss all of these possibilities with an experienced DUI attorney, because every situation and case is different.

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

Defending against a DWI charge, especially one involving a commercial driver, can involve many potential penalties. 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. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Drunk Driving, DWI - DUI, Nre Jersey Drunk Driving Penalties

Defendants Facing DWI Charges Are Not Entitled to Trial by Jury

June 6, 2016 by

Woman being pulled over by police

If you are charged with a crime, do you always have the right to a trial by jury? When it comes to drunk driving cases in New Jersey, the answer is “no.” On May 12, 2016, the New Jersey Supreme Court found in State v. Denelsbeck that defendants facing their third or subsequent drunk driving conviction are not entitled to a jury trial, and are subject to a mandatory six months in jail.

The reason is because New Jersey does not consider DWI a “crime.” Instead, the law treats it as a traffic violation, meaning that the punishments are not serious enough. Courts in New Jersey have long found that defendants are not entitled to a trial by jury on “petty” offenses but are only entitled to them when consequences are more severe.

How “Serious” are the Consequences?

In reaching its decision, the New Jersey Supreme Court found that the punishments for repeat DWI offenders are not “sufficiently serious” to trigger the constitutional right to a jury trial. However, the Court admitted that the law does require a lot of fines, fees, and penalties, including mandatory jail time, for repeat DUI offenders, and the amount of punishment has increased over time.

Specifically, under the current laws, if you have already been convicted of two prior DWI’s and you are charged with drunk driving again, you face up to 180 days of jail time, thousands of dollars in fines, forced enrollment in an alcohol inpatient rehabilitation program, and a ten-year loss of your driver’s license.

If convicted, you would also be required to install an ignition interlock device on your vehicle during the period of suspension and AFTER you get your license back. After your driving privileges are returned, the device must remain on the vehicle for six months to one year on a first offense or one to three years on a subsequent offence. An ignition interlock device works with your vehicle’s ignition system, requiring you to provide a breath sample before your car will start. If alcohol is detected, your vehicle will not start until a passing sample has been provided. If you are convicted for drunk driving even once, you could be required to install an ignition interlock on your vehicle at your own expense – and costs for an ignition interlock device are estimated at $90-150 to install and about $70-90 per month for monitoring and calibration./p>

However, the Supreme Court Warns Punishment Cannot Be Any Harsher

In deciding Denelsbeck, the Supreme Court warned that if any additional DUI penalties are added by the state legislature, the Supreme Court would change its mind and decide that defendants charged with driving under the influence of drugs or alcohol would have the right to have their cases heard by a jury of their peers. The Court said our New Jersey lawmakers have “reached the outer limit in subjecting third and subsequent DWI offenders to confinement without a jury trial.” They noted that facing a mandatory term of six months’ confinement for a third or subsequent drunk driving conviction is the constitutional maximum – meaning 180 days of jail time is the maximum punishment allowed before a defendant has the legal right to a jury trial. The Court specifically stated that the offense is currently teetering between being a petty offense and a serious crime because of this punishment.

Jury Trials, and the Alternative – Bench Trials

The Denelsbeck case was decided 5-1. Justice Barry Albin disagreed with the rest of the Supreme Court and wrote in his dissent that New Jersey is “far out of the mainstream” as to its position on Trial by Jury in DUI cases. He pointed out that 40 states give DWI defendants a jury trial on their first offense. The New Jersey State Bar Association and the New Jersey chapter of the American Civil Liberties Union helped to argue that New Jersey should join the other 40 states in trying DWI cases in front of juries, while County prosecutors and the state Attorney General’s Office argued that universal jury trials for DUI offenders would overburden the court system.

In the meantime, because jury trials are not a right, if you are charged with drunk driving, you may be required to present your case in what is called a bench trial. In a bench trial, your entire case is heard and decided by a judge without the help of a jury. Having an attorney to represent you in a bench trial is especially important, because the judge will get to decide both issues of law and evidence as well as make the ultimate decision in the case regarding whether you are guilty or innocent.

New Jersey DWI/ DUI Lawyer Edward M. Janzekovich Will Fight for Your Rights if You Are Charged

Defending against a DUI charge is complicated. 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. 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, Drunk Driving, DWI - DUI

What Happens if I am found Guilty of a DWI in New Jersey

May 31, 2016 by

Man Being Pulled Over by the Police

If you have already been convicted of one or more prior DWIs, any additional offense will result in much more devastating penalties. Even if you only had one prior drunk driving conviction, a second offense will usually result in mandatory jail, loss of license, and other increased punishments compared to the first offense. A third or subsequent offense will result in even more serious sentencing. These consequences are required by law – if you are found guilty, there is very little flexibility when it comes to a second, third, or subsequent offense. Moreover, recent court cases have ruled that an out-of-state DWI conviction will probably count as a prior offense in New Jersey and it will be used against you to enhance your penalty.

Jail Time

On a first offense, someone convicted of DUI can face up to 30 days in jail, although it is extremely rare for a judge to give the driver any jail time unless the drunk driving incident involved aggravating factors, such as serious damage or injury. Excluding those factors, a typical first offender will not go to jail unless they fail to comply with other aspects of the sentence (mandatory counseling, fines and such).

On a second offense, a driver convicted of DUI must go to jail for a minimum of 2 to 90 days.

Again, this portion of the sentence will depend on a number of aggravating factors that a judge could take into consideration, including whether the drunk driving resulted in serious damage or injury.

On a third or subsequent offense, a driver convicted of DUI must go to jail for 180 days. This jail sentence is flexible to a very limited degree. With the approval of the judge, 90 of the days can be performed at an in house drug / alcohol counseling rehabilitation center, but the first 90 days must be served in jail first.

Loss of Driving Privileges

For a first offense, someone convicted of DWI can have their license suspended for either 3 months (if his or her blood alcohol content is between .08% and .09%) or 7 to 12 months (if his or her 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. If in a school zone, the period of suspension is a minimum of 1 year up to 2.

For a second offense, however, a judge has no flexibility to decide. The driver’s license is 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.

On a third offense, a driver convicted of DWI will lose his or her license for 10 years. Again, this period of time is required by law, and it can be increased if the driver is in a school zone or driving with a suspended license at the time.

Fines and Other Penalties

Second, third, or subsequent drunk driving offenses can also result in increased fines and other penalties, such as mandatory community service.

For instance, the first time a driver is convicted for drunk driving, monetary fines are decided by the judge, between $200-500, plus $389 in additional mandatory fees. A second time offender must pay between $500-1000, plus the mandatory fees. A third time offender or more must pay $1000, plus the mandatory fees.

A second time offender must also participate in 30 days of community service, while a third time offender or more must provide up to 90 days of community service.

Finally, while 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 and 6 months – 1 year following restoration. This period of time is increased to 1-3 years following restoration following the second or greater time a driver is convicted of a DUI.

Depending on the number and circumstances of prior DWI convictions, there may be even more penalties that a driver must face each time he or she is convicted of drunk driving. While many of the consequences are mandatory and allow little flexibility, being represented by an attorney can still help to reduce some of these penalties or help the driver present a defense in light of the very serious charges. For instance, if 10 or more years have passed since a driver’s most recent DUI offense, an attorney will be able to step down the offense from a third offense to a second offense or a second offense to a first offense, helping to reduce the penalties and the sever impact of those consequences on the life of the driver.

New Jersey DWI Lawyer Edward M. Janzekovich is Ready to Defend Drivers with Multiple Offenses

If you have ever been convicted of a DUI or DWI, you know how serious the consequences of that conviction can be. Subsequent drunk driving offenses will result in even greater penalties that can result in life changing consequences, including increased jail time, loss of driving privileges, and fines. There are many ways to beat a DWI charge. 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 Lawyer – Underage DUI-DWI

May 26, 2016 by

The legal drinking age in the state of New Jersey is 21, and the minimum legal driving age is 17. What happens if an underage drinker gets behind the wheel of a car in New Jersey? The penalties and collateral consequences can be devastating. Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the state has enacted stricter laws and harsher penalties for drunk drivers under the age of 21.

New Jersey is a no-tolerance state. If a minor is pulled over under suspicion of drunk driving, a Breathalyzer test will be administered.  However, if the test results indicate that they have a blood alcohol content (BAC) of .01 percent or higher, they can be charged with a DUI. For drivers over the age of 21, driving with a BAC of .01 percent is not in itself illegal—in order to be charged with DUI an adult generally must have a BAC of .08 percent or higher.

Underage Drinkers May Face Additional Related Charges

In addition to being charged with a DUI, underage drinkers may be charged with:

  • Being a minor in possession of alcohol
  • Soliciting alcohol
  • Possession of false identification
  • Moving and vehicle maintenance violations
  • Distributing alcohol to other minors if there were underage intoxicated passengers in the car

Penalties

Drivers under the age of 21 who are convicted of driving under the influence face:

  • A 30 to 90-day driver’s license suspension (for high rate DWI’s with a BAC of .10 or higher, an underage drinker could lose their license for up to a year)
  • 15 to 30 days mandatory community service
  • Mandatory participation in an Intoxicated Driver Resource Center (this involves a detainment period of between 12 and 48 hours)
  • If under the age of 17 and unlicensed, a 30 to 90 delay in processing your driver’s license
  • Up to 30 days in jail
  • Fines between $250 and $500 depending on the driver’s BAC
  • Surcharges in excess of $3,500

Collateral Consequences

If you are convicted of an underage DWI, you may have difficulty achieving your educational goals. Colleges and universities perform background checks, and a conviction on your record could be cause for an admission or scholarship denial.

An underage DWI may also pop up on an employment background check. In today’s market, where there are many quality applicants competing for every job, a DWI on your record could prevent you from getting work.

Car insurance companies are known to terminate coverage to minors convicted of driving under the influence, or refuse to renew. If coverage is offered, the rates tend to be very high due to the risk the insurer must assume. Some companies raise the monthly premium by $100-$300 a month for the next three to five years.

Underage drivers may also need to submit an SR-22 certificate to reinstate their license after a period of suspension.  This forms tells the DMV that a driver is insured, and many companies furnish this form to the DMV for their insureds.

Defending Against Underage DWI Charges

There is an array of defenses available to minors charged with DWI. One of the most commonly employed defenses is that many natural and artificial substances can cause a breath test to register a BAC reading of .01 percent.

There are also defenses available based on your right to be free from unreasonable searches and seizures under the Fourth Amendment. If your constitutional rights were violated, any illegally obtained evidence cannot be used against you at trial.

New Jersey DUI Lawyer Edward M. Janzekovich Defends Minors Accused of Driving While Intoxicated

If you or your child has been charged with an underage DUI, reputable New Jersey DWI lawyer Edward M. Janzekovich can help. We understand the stress you are under as you face unknown, potentially life altering consequences.  You do not need to face these battles alone.  We strive to ease our clients’ minds by thoroughly explaining the legal process, and our goal is always to get our clients’ cases dismissed altogether.

To schedule your confidential consultation today, call us at 732-257-1137 or contact us online today. We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

 

Filed Under: Criminal Law, Drunk Driving, DWI - DUI, Underage DUI Tagged With: , , , , , , , , , , , ,

New Jersey DWI – DUI Lawyer – Boating Under the Influence (BUI)

May 17, 2016 by

Memorial Day is just around the corner, and many people in New Jersey will be celebrating the unofficial kick off to summer by doing some recreational boating or other activities on the water.  New Jersey is becoming increasingly crowded, meaning residents and tourists are flocking to our waterways in record numbers, increasing the chances of boating incidents.

The New Jersey State Police and the United States Coast Guard are the two law enforcement agencies that combat intoxicated boating in New Jersey.  If you are stopped for suspicion of BUI, law enforcement will require the boat captain to take the same sobriety test as someone who has been stopped in their car.  The captain may also have to submit to a Breathalyzer test to see if their blood alcohol content (BAC) is above the legal limit.  When the operator of a vessel is asked to take a Breathalyzer test, they are presumed to have consented to the test by accepting their boating license.  This is known as implied consent.  Refusing to take the Breathalyzer test will result in an additional charge for refusing the test, and you may still be charged with a BUI.

The law that governs intoxicated boating in New Jersey, N.J.S.A. 12:7-46, was enacted in 1995.  Prior to that time, careless, reckless, or intoxicated boaters could be re-licensed by simply paying a fine and servicing a period of license suspension.  Under the new law, offenders must also take a boating safety course as a condition of re-licensure.

The Legislature modeled the intoxicated boating laws on the existing drunk driving statutes.  In order to be convicted of a boating DWI, the prosecutor must prove three elements:

  • The suspect must have been operating a “vessel” (a water vessel that is 12 feet or more);
  • They must have been operating it in New Jersey waters; and
  • They must have been operating it under the influence of an intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug; this is often proven by establishing that the vessel’s operator had a BAC of .08 percent or greater.

In addition, a person can be convicted of a BUI if they permit another person who is under the influence of drugs or has a BAC of .08 percent or greater to operate a vessel.  If an individual is operating a commercial vessel, the lower BAC of .04 percent is considered the legal limit.

Penalties for BUI

If you are convicted of a BUI, not only will you lose your boating license, but you will also lose your regular driver’s license.  The first time an individual is convicted of boating while intoxicated, their boating license will be revoked for one year, their driver’s license will be suspended for three months, and they will face a fine of between $250 and $400.  Court costs of $33 may be imposed, as well as a $50 assessment for the Victims of Crime Compensation Board (VCCB).  These fines will be even greater if a person had a BAC of .10 percent or higher.  First time offenders must also complete a program of alcohol education at the Intoxicated Driver Resource Center (IDRC), and take a boating safety course

For a second BUI offense, a person will lose their boating license for two years, and their driver’s license for six months.  They will also face two to 90 days in jail, a fine of between $500 and $1000, and costs and fees.  Convicted defendants must also serve 30 days of community service, and complete a rehabilitation program at the IDRC.

For third and subsequent offenses, a person will lose their boating license for ten years and their driver’s license for two full years.  In addition, a third BUI will result in a mandatory 180-day jail term.  Community service may be substituted for part of this term.  Third time offenders must pay a $1000 fine plus costs and fees, complete a boating safety course and a rehabilitation program at the IDRC.

New Jersey Boating While Intoxicated Lawyer Edward M. Janzekovich Defends Individuals Charged With a BUI

Getting a BUI is a serious matter that can result in crippling fines and potential jail time.  A conviction for BUI will also count as a prior offense if you are subsequently charged with additional DWI offenses.  At the Law Office of Edward M. Janzekovich, our goal is always to help our clients avoid a conviction.  To discuss your case, call us at 732-257-1137 or contact us online today.  We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Boating Under the Influence (BUI), Criminal Law, Drunk Driving, DWI - DUI Tagged With: , , , , , , , , , , , , ,

New Jersey DUI Lawyer – Supreme Court Questions Whether Drivers Can Be Forced to Take a Breathalyzer Test Without a Warrant

May 12, 2016 by

Last month, the United States Supreme Court addressed whether police can require drivers to take a “deep-lung” breath test without a search warrant. Three cases out of Minnesota and North Dakota were joined and brought before the Court. These states have laws that make it a crime for drivers to refuse to take a breathalyzer, urine, or blood test. Eleven other states have similar laws, including Alaska, Florida, Hawaii, Indiana, Kansas, Louisiana, Nebraska, Rhode Island, Tennessee, Vermont and Virginia. A majority of the justices questioned whether these laws criminalizing refusal are constitutional, in light of an individual’s Fourth Amendment right to be free from unreasonable searches and seizures.

Generally speaking, the police cannot search a driver or their car after an arrest without first getting a search warrant, unless it is for their own personal safety or to preserve evidence. In 2013, the Supreme Court ruled that police cannot conduct blood tests for drunken driving without first obtaining a warrant. However, some justices remain hesitant to apply the same rule to the breathalyzer test, because it is less intrusive than drawing blood.

Previously in North Dakota, refusal to submit to a chemical test carried only civil penalties, such as the suspension or revocation of one’s license. However in 2013, North Dakota lawmakers passed legislation to make penalties for drunk driving offenses more severe—in part by punishing a refusal to take a breathalyzer test in the same manner as it punishes the crime of driving under the influence.

The groups backing the states’ laws, including Mothers Against Drunk Driving (MADD), have argued that when a person applies for a driver’s license, they give their implied consent to be subjected to a chemical test in the event that they are arrested for suspected drunk driving.

However, several groups backing the defendants, including the American Civil Liberties Union (ACLU) and the DUI Defense Lawyers Association (DDLA), have argued that the government cannot criminalize conduct protected by the Fourth Amendment. One cannot truly give “implied consent” to take a breathalyzer test when they get their license if they know that they will face criminal sanctions for refusing to take the test. The DDLA argued that there are better ways to deter drunk driving, including creating an electronic warrant system, setting up sobriety checkpoints, providing alcohol abuse treatment, and requiring the use of ignition interlock devices for convicted drunk drivers.

So how did the justices come down on the issue? Justice Samuel Alito was the only justice who seemed to be strongly in favor of criminalizing refusal, and he emphasized that breathalyzer tests are only a minimal intrusion. He expressed that the only reason people don’t want to submit to a breathalyzer test is because they don’t want their blood alcohol measured, it is not that they object to blowing into a straw. Justice Kagan seemed to agree with this line of reasoning, noting that police have an interest in testing a driver’s breath as quickly as possible, before their blood alcohol content (BAC) goes down.

Ultimately, the states were unable to come up with a persuasive reason why police cannot secure a warrant while transporting suspects to the police station or hospital for testing. Forty states now utilize electronic warrant systems.

Although it is not a crime to refuse to take a breathalyzer test in New Jersey, there are harsh civil penalties, including fines, motor vehicles surcharges, a long suspension of driving privileges and special sentencing enhancements if the refusal occurs within a school zone. A refusal can also be used to draw an inference of guilt in a DUI trial. If you are pulled over in New Jersey for a suspected DUI, the police can detain you and bring you to a hospital where staff may draw blood.

New Jersey DUI/DWI Lawyer Edward M. Janzekovich Represents Drivers Who Have Refused Chemical Testing

If you were arrested for drunk driving and refused to submit to chemical testing, you are likely facing steep penalties. In addition to a DWI charge, you are probably also facing penalties for refusing to take the breathalyzer test. To speak to an experienced New Jersey DUI lawyer and begin building your defense, call the Law Office of Edward M. Janzekovich at 732-257-1137 or contact us online today. We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

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New Jersey DUI – DWI Lawyer – Driving Under the Influence of Marijuana

May 3, 2016 by

It is illegal to drive while high on marijuana (weed, pot, etc.) in New Jersey.  Although New Jersey does not have a specific law that addresses driving under the influence of marijuana, the same law that prohibits drunk driving (N.J.S.A. 39:4-50, titled “Driving While Intoxicated”) applies to drugged driving offenses as well.  This law prohibits driving under the influence of any intoxicating substance, including narcotics, hallucinogens or even some over the counter medications.

How Do the Authorities Prove a Person is Under the Influence of Marijuana?

When a person is pulled over on suspicion of drunk driving, they are given a breathalyzer test to determine their blood alcohol content.  So how does a police officer know whether a driver is under the influence of marijuana?  Usually, a driver will be asked to take a blood or urine test.  However, a positive drug test only indicates that there is marijuana in a person’s system at the time of the traffic stop—and marijuana can stay in a person’s system weeks after using it.  Therefore, if you are arrested for drugged driving, additional evidence is generally relied upon to prove the DUI in court.

If you go to trial for your DUI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of marijuana.  This requires some expert testimony to establish that the drugs found in your system were not just residual, but actually rendered you impaired and unable to safely operate a motor vehicle.

In drugged driving cases, the general rule is that the accused must have been tested at the time of their arrest by a specially trained police officer referred to as a Drug Recognition Expert (“DRE”).  However, for marijuana cases, the prosecutor can establish intoxication through testimony of any police officer who has been trained in field sobriety and who has experience in identifying marijuana intoxication.  In such cases, an officer will testify that there was objective evidence that a driver’s physical or mental capabilities were impaired by the drug.  This testimony can be the State’s Achilles heel.  An experienced DWI lawyer may be able to have your charges either dismissed or downgraded by discrediting this testimony.

No Implied Consent for Blood or Urine Testing

In New Jersey, as a condition of receiving your driver’s license, you have agreed to take a breath test to determine the content of alcohol in your system if you are pulled over on suspicion of drunk driving.  This is known as “implied consent.”  If you refuse to take the test, you are subject to punishment including a loss of driving privileges.  But this law does not extend to drivers who are suspected of being under the influence of marijuana or other substances.  If you are pulled over and the police suspect that you are high on marijuana or some other substance, there are no penalties or sanctions if you refuse to submit to a blood or urine test.  Chemical testing for marijuana or any other substance is only performed on a voluntary basis or if a warrant has been issued by a judge.  First, the investigating officer would ask you for your consent to provide a urine or blood sample.  If you refuse, then the officer can attempt to obtain a warrant from a judge, based upon probable cause.  If a warrant is issued, then you have to comply.  It is amazing just how many people, knowing full well they have a substance in their system, agree to voluntarily submit to a blood or urine test.  Most people just don’t know they can say no.

Penalties for Driving Under the Influence of Marijuana

Penalty for a conviction will vary depending on whether you have ever been convicted of drugged driving in the past.

  • For a first conviction, drivers face a fine of between $300 and $500, up to 30 days in jail, and between seven months and one-year license suspension.
  • For a second conviction, drivers face a fine of between $500 and $1,000, 30 days community service, 2 to 90 days in jail, and a two-year license suspension.
  • For a third (or subsequent) conviction, drivers face fines up to $1,000, 180 days in jail, and a ten-year license suspension.

If you have been charged with drugged driving, you may also face additional penalties for related charges such as possession of a controlled dangerous substance.

What About Medical Marijuana?

Although New Jersey allows certain individuals to use medical marijuana, just like any other legally prescribed medication, it is still a crime to drive if one’s ability to safely drive a car is impaired by the drug.

Edward M. Janzekovich Defends People Charged with Marijuana DWI/DUI

If you were arrested for driving while impaired by marijuana, we can help.  Trusted New Jersey DWI lawyer Edward M. Janzekovich is available to answer your questions and discuss your best defense.  Call us today at 732-257-1137 or contact us online today.  We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Marijuana, Drugged Driving, DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: , , , , , , , , , , , , ,

New Jersey DUI/DWI Lawyer – Truck Drivers and DUI

April 19, 2016 by

If your family relies on your New Jersey commercial driver’s license (CDL) for income, the consequences of a DUI conviction can be devastating.  Even if you are not on the job and just driving your own personal vehicle, a DUI conviction or refusal offense will result in a one-year mandatory CDL suspension (three years if the violation occurred in a HAZMAT truck).  You will also lose your basic license for three to 12 months.  Commercial truckers convicted of a DUI are unlikely to ever find work driving a truck again.  And if you are convicted of drunk driving a second time, your CDL will be permanently revoked and you will lose your basic drivers license for two years.  At the Law Office of Edward M. Janzekovich, our goal is always to avoid a conviction for our clients.

Driving a Commercial Truck Under the Influence

As you can see, New Jersey law is harsh when it comes to truckers who drive while intoxicated in their own cars.  So you can imagine how the law treats drivers who drink before getting behind the wheel of a large commercial vehicle.  In 1990, the New Jersey Legislature cracked down on trucking safety and enacted the New Jersey Commercial Driver License Act.  Pursuant to the Act, it is illegal to operate a commercial motor vehicle in New Jersey with an alcohol concentration of 0.04 percent or more.  The legal limit for driving a passenger car in New Jersey is 0.08 percent.  This law aims to discourage truckers from consuming even small amounts of alcohol in an effort to reduce accidents and fatalities.

What is a “Commercial Motor Vehicle?”

So, it is illegal operate a commercial motor vehicle with a blood alcohol content (BAC) of more than 0.04 percent.  What if you are pulled over your RV while on vacation with a BAC of 0.05 percent, will you be charged with drunk driving?  Although RVs are large enough to constitute a “commercial motor vehicle,” the law makes an exception for certain privately owned recreational vehicles.  The following vehicles, however, will all trigger the lower 0.04 percent BAC threshold:

  • School buses
  • Passenger buses (If used to transport passengers to and from places of employment on a daily basis, even a bus with seven passenger seats will qualify as a commercial vehicle. If used less frequently, any bus designed to transport 16 or more passengers will trigger the lower BAC threshold).
  • Vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
  • Trucks displaying hazardous material placards

“Operation” of a Commercial Motor Vehicle

Trucking is a more a lifestyle than a job.  In covering long distances, drivers often sleep in their cabs at truck stops.  In New Jersey, “operation” of a motor vehicle does not require that the truck actually be moving.  The prosecutor only needs to prove that a driver intended to put the vehicle in motion, and that it was possible that the truck could be moved.  Therefore, it is possible to be charged with a DUI in a truck stop parking lot even if you never leave your cab.

Out of State Convictions

If you have been convicted of driving while intoxicated in another state, either in a truck or your personal vehicle, your New Jersey CDL will be suspended for one year.  If you are convicted a second time, your CDL will be permanently revoked.

New Jersey Commercial DWI Lawyer Edward M. Janzekovich Fights for Truck Drivers

If you are a commercial driver and you have been charged with a DUI, we understand the fear and anxiety you may be feeling.  Getting a DUI is a frightening experience for anyone, but for truckers, the stakes are even higher.  At the Law Office of Edward M. Janzekovich, we make it a priority to communicate with our clients.  We will explain what you can expect throughout the legal process and what your options are.  To speak to an experienced New Jersey DUI lawyer, call the Law Office of Edward M. Janzekovich at 732-257-1137 or contact us online today.  We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Drunk Driving, DWI - DUI, New Jersey Attorney, Truck Drivers and DUI 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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