drinking driving new jersey

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

June 28, 2017 by Edward Janzekovich

DWI Convictions

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

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

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

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

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

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

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

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

What These Changes Would Mean if You Are Convicted

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

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

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

Regardless of whether or not this bill becomes law, a person charged with driving under the influence of alcohol or drugs should always contact an experienced drunk driving attorney, who will be able to provide the best advice or possibly defend the case and get the charges dismissed completely.

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

A charge for driving under the influence of alcohol can carry extremely serious penalties that affect you as well as your family and loved ones. At the same time, new laws, rules, and regulations take effect all the time. For that reason, it is important to consult a drunk driving lawyer knows what to look for in your specific situation. If you or someone you know is charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney will know the best way to help and can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Blood Alcohol Tests, Driving Under the Influence of Drugs, DWI - DUI Tagged With: alcohol blood testing new jersey, drinking and driving, drinking driving new jersey, drunk driving, dui, dui attorney, dui attorney new jersey, dui dwi, dui lawyer new jersey, dui lawyer nj

Drunk Driving Charges and Your Right to Receive Instructions in a Language You Can Understand

December 6, 2016 by EMJanzekovich

dwi-img

In all states, including New Jersey, if you arrested for driving while intoxicated, the police officer must read a “standard statement” that contains instructions telling the driver that he or she MUST submit to breath testing if there is probable cause to believe that the person was driving under the influence of alcohol. Part of the standard statement – sometimes referred to in New Jersey as Paragraph 36 – is the warning that if you refuse to submit to the breath test and “if a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2000, installation of an ignition interlock, and referral to an Intoxicated Driver Resource Center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty.” The entire statement is meant to inform you that there are serious consequences that will occur if you refuse to provide a breath sample. A copy of Paragraph 36, as updated in 2012, can be found at http://njpdresources.com/dui/pdfs/english1.pdf

But what happens if you or someone you know does not speak English? ¿Hablas Español? Nói tiếng Việt? Говорить по-русски? Another language? Regardless of what language you speak, New Jersey law also provides that you have a right to have these instructions provided to you in a language that you can understand. Otherwise, it is possible that your rights are being impermissibly violated.

State v. Rodriguez-Alejo

In State v. Rodriguez-Alejo, a Spanish-speaking man who could barely speak English, and who had only been in the United States for two years and had taken his driving test in Spanish, was pulled over and suspected of drunk driving. At the police station, the officer attempted to read the standard instructions to the defendant, and the man stated that he did not understand. Although he tried to follow along with the police officer anyway, who used a combination of words and gestures to provide instructions, the defendant was not able to provide a proper breath sample and was later convicted for refusing to comply with the breath sample requirements.

On appeal, the New Jersey Superior Court Appellate Division restated that a police officer must read the standard statement to any defendant who is arrested for DWI/DUI, and the defendant must CLEARLY agree to submit to a breathalyzer test. Therefore, the Court held that reading the standard statement to motorists in a language they do not speak is the same thing as not reading the statement at all.

In order to be “informed” of the warnings that are provided in Paragraph 36, the information must be given to the defendant in a language he or she speaks and understands. The same reasoning applies to any instructions that are given to a defendant about how to actually take a breathalyzer test. Based on this holding, the Court decided that the Spanish-speaking defendant could not be convicted for refusing to provide a breath sample.

State v. Shaymardanov

It is important to note, however, that a defendant only needs to understand the instructions being given to him – the instructions do not need to be given in the defendant’s best or native language.

Recently, in the case of State v. Shaymardanov, the Appellate Division revisited State v. Rodriguez-Alejo with regard to a Russian-speaking defendant who was pulled over and charged with driving under the influence of alcohol. Although the Court determined that Rodriguez-Alejo was still good law, the Appellate Division upheld the conviction, finding that the driver always appeared to understand the police officer and the police officer had no trouble understanding the defendant.

Instructions Available in Other Languages

Since at least 2010, the State has arranged for certified translated versions of the standard statement to be prepared—in both written and audio form—in the nine foreign languages in which the MVC offers the written driver’s test – Arabic, Chinese (Mandarin), French, Japanese, Korean, Polish, Portuguese, Russian, and Spanish. If you or someone you care about is arrested on suspicion of drunk driving, it is likely that the police will be able to provide you with instructions in a language you can understand. While you should always contact an experienced New Jersey DWI / DUI lawyer / attorney if you are charged, an attorney may be able to help if you were never provided with instructions in a language you could understand.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Will Fight to Make Sure Your Rights Were Protected

If you or someone you know is charged for any crime relating to driving under the influence of alcohol or drugs, it is extremely important to contact an experienced DUI/DWI attorney who can explain what rights you have in your specific situation. If you go to court, an experienced lawyer can also make sure you get 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: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Nre Jersey Drunk Driving Penalties Tagged With: alcohol blood testing new jersey, drinking and driving, drinking driving new jersey, dui dwi

Your Right to an Independent Blood Alcohol Test

December 1, 2016 by EMJanzekovich

Drunk-Driving-Attorney

In New Jersey, if you are pulled over and the officer suspects you were driving drunk, he or she may use a breathalyzer test to measure your blood alcohol content (BAC), which can be used as evidence against you if you are later charged for DUI/DWI. Police stations across the state use a machine called the Alcotest 7110 MK-IIIC to measure your BAC and determine whether or not you are at or over the legal limit of .08%.

Importantly, many drivers do not know that if you submit to a breathalyzer test, you also have the right to an independent test of your urine, blood, or breath sample. If your BAC results are close to .08%, an independent test can show that the breathalyzer results were inaccurate and you were actually below the legal limit for drunk driving. Similarly, the law requires that you be informed of your right to an independent chemical test, and, if you can prove that the government failed to inform you of this right, you may be able to have the breathalyzer evidence thrown out.

As always, challenging the evidence against you in a DUI/DWI trial can be very complicated, and it is important to retain an experienced drunk driving lawyer if you or a loved one is charged with driving under the influence of alcohol or drugs, in order to ensure that the best defense is presented on your behalf.

Your Legal Right to an Independent Breath, Blood, or Urine Test

N.J.S.A. 39:4–50.2 establishes that drunk driving is a quasi-crime, and a driver who is suspected of drunk driving does not have a right to refuse to provide a breath sample (as discussed previously in this blog). At the same time, if a police officer decides a driver must provide a breath sample for the purposes of determining BAC, N.J.S.A. 39:4–50.2 also provides the same driver with the right to have a person or physician of the driver’s own choosing perform an independent breath, urine, and blood test. This protects the driver’s rights and helps to ensure that any BAC test performed by the police is accurate.

Learning About Your Right to an Independent Test

New Jersey law actually states that a defendant must be informed of his or her right to an independent test by the police officer who orders the breath test. Of course, this is limited to situations in which the individual is required to provide a breath sample, and there is no equivalent requirement in the event that BAC is calculated based on a blood sample.

In practice, police officers in most police stations will read a series of pre-printed paragraphs to any driver who is being asked to provide a breath sample. These paragraphs generally include a statement – referred to in many places as “paragraph 36” – that attempts to inform the driver of his or her right to obtain an independent test. The courts have considered this to be sufficient notice under the law.

If no notice is provided to a driver when he or she is asked to provide a breath sample, then an experienced attorney may be able to keep out any BAC evidence obtained by the police officers at the time of trial.

Having an Independent BAC Test Performed

The law does not require a police officer or a police station to have any established procedures to help a driver obtain an independent chemical test – however, the law is clear that police may not interfere with or thwart a suspect drunk driver’s attempt to exercise the right to independent examination.

Therefore, a driver is largely on his or her own with regard to obtain an independent chemical test. He or she may do this by contacting an attorney or family member who can help get an independent test done. In State v. Jalkiewicz, the court ruled that the police fulfilled its duty when it advised the defendant of his right to an independent test and then summoned a taxi cab for the driver.

At the same time, in State v. Bradley and State v. Nicastro, the court ruled that the government actively prevented suspected drunk drivers from exercising their rights to an independent BAC test when the police refused the drivers’ request to be taken to the hospital for an independent test and also refused the drivers’ request to call a taxi to take them to the hospital. In both of these cases, the court determined that the BAC test results taken by the police could not be used in court.

Finally, in State v. Greeley, the Supreme Court determined that if the police refuse a suspected drunk driver’s request for a taxi, there must be some means for the person to obtain an independent chemical test, such as being released into the custody of a family member or friend.

As in Bradley and Nicastro, it is extremely important that you contact an experienced attorney whenever you are charged or suspected of a DUI or DWI. An attorney can help provide the best defense in your case and ensure that your rights have not be violated.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Will Fight for Your Rights

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

Filed Under: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, New Jersey Attorney Tagged With: alcohol blood testing new jersey, drinking and driving, drinking driving new jersey, dui dwi

New Jersey DUI/DWI Lawyer – Truck Drivers and DUI

April 19, 2016 by EMJanzekovich

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: commercial truck driver dui, commercial truck driver dui new jersey, drinking driving new jersey, Driving a Commercial Truck Under the Influence, drunk driving, dui, DUI – DWI Defense Attorney, dui attorney, dui lawyer new jersey, dwi, dwi attorney, dwi dui lawyer, new jersey drunk driving attorney, New Jersey Drunk Driving Lawyer, new jersey dui, new jersey truck driver dui

New Jersey Drunk Driving Lawyer – What is the Intoxicated Driving Program (IDP)?

April 5, 2016 by EMJanzekovich

If you are convicted of a drug or alcohol related traffic offense in New Jersey, not only will you face fines, fees, surcharges, a loss of driving privileges, and installation of an ignition interlock device, but you will also be required to participate in a program at the Intoxicated Driver Resource Center (IDRC). This program consists of a series of classes intended to educate drivers and identify individuals who are at risk for drug addiction and alcoholism. This mandatory program is called the Intoxicated Driving Program (IDP).

Where Is The Program Held?

The court will notify you when and where you need to go to report for your IDRC session. New Jersey has an IDRC in every county for first and third-time offenders, and three regional centers for second-time offenders. You will probably be required to attend IDRC classes in the county where you were convicted, and in the same town where the county court is located.

How Much Does the Program Cost?

When you are notified that your license has been suspended, you will owe additional fees to the Motor Vehicle Commission (MVC) and the IDRC for the classes, including the following charges:

$100 attendance fee (paid to the MVC)
$230 first-time offender fee (paid to the IDRC)
$280 second-time offender fee (paid to the IDRC)
$100 license restoration fee (paid to the MVC)

To check the latest information about IDRC fees and locations, see the State of New Jersey’s website here: http://www.state.nj.us/mvc/Violations/dui_Intoxicated.htm

How Long Does the Program Take?

If you are a first-time offender, you will be required to complete a 12-hour course. Classes are usually held on weekdays.

If you are a second-time offender, you must attend a 48-hour session. The session is usually held while you are being detained overnight on the weekend.

If you are a third-time offender, you must take a 12-48 hour class while being detained. During the course of your detainment, you will be assessed and referred for additional treatment to be completed when you have finished the IDRC program.

The IDRC has discretion to send any driver who requires additional treatment to a 16-week-long program.

What Will I Do in the IDP?

When beginning the IDP, you will first complete a questionnaire. Then, you will attend a series of educational classes about drunk driving. During these classes, you may have to watch graphic video of car accidents caused by drunk drivers. The educational component also includes active discussion periods. Topics include social drinking and problem drinking, the stages of alcoholism, how alcohol affects our families, jobs and relationships, and basics of New Jersey drunk driving law.

You will also be assigned to a counselor, who will assess your personal situation and determine whether you need additional assistance. Depending on the outcome of your assessment, you may be referred for counseling, an addiction treatment program or mandatory support group attendance to address the problems that lead to your DWI conviction.

The IDRC may require monitored treatment or self-help group attendance for up to one year. If you are referred for treatment, it will be for a minimum of sixteen weeks. These treatment programs become a part of the mandatory sentence for your DWI conviction. Individuals are encouraged to supplement any referred treatment with his or her own meetings, such as Alcoholics Anonymous (AA).

Your driving privileges will only be restored after serving all your court and MVC-imposed suspensions, and when you have successfully completed all the IDP and IDRC requirements.

Individuals are responsible for the costs of all additional recommended services and treatment.

What If I Need to Reschedule my IDRC Appointment?

The IDRC will only accept four justifications for rescheduling appointments, each of which must be supported by appropriate documentation such as an obituary, doctor’s note or letter from your employer. The four justifications include:

A personal or family health emergency;
Death in the family within ten days prior to the scheduled appointment;
A documented emergency; or
A family emergency.

What If I Don’t Show Up for IDRC?

If you fail to show up for IDRC without having an excused absence, fail to pay, or fail to complete the prescribed programs, you will be deemed non-compliant. You will then be referred to the original sentencing court and the MVC for appropriate action. You may face an extended period of license suspension, and two days in jail for failure to comply. You will still need to complete the IDP/IDRC program.

What If I Do Not Reside in New Jersey?

Even if you live out of state, you must still comply with the IDRC requirements. If you live within driving distance of a New Jersey IDRC, you will be scheduled to appear there. If not, you may be given an opportunity to complete the requirements in your home state.

Take Charge of Your Future – Start Preparing Your DWI Defense Today

Respected New Jersey DWI lawyer Edward M. Janzekovich has a unique advantage over many DWI lawyers, having served over 23 years in law enforcement. If you have been charged with drunk driving, we can use our extensive experience to your advantage. To discuss your situation, call us 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: Drunk Driving, DWI - DUI, Intoxicated Driving Program (IDP), New Jersey Attorney Tagged With: drinking driving new jersey, drunk driving, dui, dui attorney, dwi, dwi attorney, dwi dui lawyer, IDP New Jersey, Intoxicated Driving Program, Intoxicated Driving Program New Jersey, new jersey drunk driving attorney, New Jersey Drunk Driving Lawyer, new jersey dui lawyer, new jersey dwi lawyer

Allowing a Drunk Driver to Operate a Motor Vehicle in NJ

September 8, 2015 by EMJanzekovich

Most people are aware that if they operate a motor vehicle while intoxicated, they can be charged with a DWI offense. But what very few people are aware of is that even if you are not driving the vehicle, you could still be found guilty of a DWI violation.

The New Jersey DWI statute is NJSA 39:4-50. Section (A) of this statute states: Except as provided in subsection (g) (school zone) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of.08% or more by weight of alcohol in the defendants blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of.08% or more by weight of alcohol in the defendants blood shall be subject : The penalties are all exactly the same regardless if you are driving drunk or allowing a person to drive drunk. The New jersey Supreme Court holds the Allowing offense at the same level of responsibility as the act of actual drunk driving, banning any plea bargaining, adhering to the Zero Tolerance policy. In State v Hessan, the Court said ” The act of unleashing a drunk driver onto the highways creates the very risk to the safety of other drivers and the public that is posed by the intoxicated driver.” However, on an Allowing offense, the State has to prove additional different elements than the original DWI charge.

The State has to prove that the person being charged with the allowing offense had owned the vehicle or had custody and control over it. The State also has to prove that the person being charged with the allowing offense had knowledge of the intoxication of the driver and had their consent to operate the vehicle. These elements are not so easy to prove at times.

A typical scenario for an allowing a drunk driver to operate a motor vehicle violation is when two or more friends go out drinking. At the end of the night, the driver tells the passengers that he is too drunk to drive home, and one of the passengers decide to drive home because they are only buzzed. The police stop the vehicle, the drunk owner is sound asleep in the passenger seat completely unaware as to what is happening. Both are arrested and charged with DWI. The same scenario happens if the registered owner of the vehicle is completely sober, in the passenger seat, but the driver is intoxicated. This is typically a husband and wife scenario in the vehicle.

If you or a loved one has been charged with an Allowing offense, you should hire a lawyer whose sole practice specializes in DWI / DUI defense. The facts and circumstances surrounding the allegation of the charge need to be closely examined to identify available defenses and mitigating factors.

The Law Office of Edward M. Janzekovich is a law firm with a sole focus of defending persons charged with DWI / DUI related offenses. The defense strategy used is to identify legal discrepancies in police procedure that implicate constitutional, medical, scientific or evidentiary issues, with the motor vehicle stop, field sobriety tests and blood alcohol tests.

Filed Under: Drunk Driving, DWI - DUI Tagged With: alcohol blood testing new jersey, drinking driving new jersey, drunk driving, dui attorney, dwi, implied consent, new jersey alcotest, new jersey drunk driving attorney, new jersey dui lawyer

Implied Consent

July 24, 2015 by EMJanzekovich

Most people are aware that if they are stopped by law enforcement and there is reasonable suspicion that they are driving while intoxicated, the driver is required to provide a sample to determine if they are under the influence, but a sample of what? The law varies from state to state. For instance:

The Implied Consent Law in New Jersey is different than that of Rhode Island. In Rhode Island, Implied Consent means that any person who drives a motor vehicle in Rhode Island has given consent to Chemical Test (Breath-Blood-Urine – arresting officers choice apparently) to determine the amount of alcohol/drugs, if any, in your system after you have been arrested for suspected driving while intoxicated (DWI). Refusing to provide that sample is an additional charge carrying additional license suspensions and fines. (source – RI DMV website)

The New Jersey Implied Consent Law that states that all persons operating a motor vehicle on New Jersey roadways has agreed to submit to a Breath Test following an arrest for suspected drinking and driving. In addition to the original underlying penalties of the driving while intoxicated offense, failing to provide a breath sample will result in an additional charge carrying an additional period of suspension and other penalties.

However, New Jersey’s implied consent law does not currently mandate that you submit to a blood test or urine test. If taken to the hospital as a result of an investigation, such as an accident, you most likely did not perform standardized field sobriety tests. If you are suspected of being under the influence of an alcohol or drug, you will be asked for your consent to voluntarily provide a sample of your blood or urine to test. This is because although the breath test machine used in New Jersey, the Alcotest 7110c, is designed to be mobile and transportable to the scene or hospital, it is not the practice in New Jersey. So to gather evidence of intoxication to be used against you, your blood or urine will be required.

If you believe you have alcohol or drugs in your system, or if you just do not want to, you should refuse to voluntarily give consent for the collection of your blood or urine. If a DWI charge is to be pursued against you, a judge would have to issue a warrant (Fourth Amendment protections against unreasonable searches and seizures – barring exigent circumstances) for non-consensual blood testing to collect a sample. However, if a warrant is obtained, you are legally required to provide the type of sample described in the warrant and reasonable force may be used to collect that sample if necessary. Refusing to provide a sample after a warrant is issued will result in an additional charge(s) carrying additional license suspensions and penalties, which may also expose you to potential criminal charges.

So, according to the Rhode Island Division of Motor Vehicle website, a New Jersey resident on vacation, visiting a relative or just driving through Rhode Island that is stopped for a suspected DWI is required to submit to chemical testing. Chemical testing of your breath, blood or urine, without the need of a warrant, even though as a New Jersey license holder, your implied consent requirements are for only breath samples.

* Disclaimer – Edward Janzekovich is a licensed attorney in the State of New Jersey and not in Rhode Island. The information provided is to contrast implied consent laws between NJ and RI. Information is obtained directly from the Rhode Island DMV website and this is not to be interpreted as providing Rhode Island legal advice.

Filed Under: DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: alcohol blood testing new jersey, drinking driving new jersey, dui, dui attorney, dwi, dwi attorney, implied consent, new jersey alcotest, new jersey drunk driving attorney, new jersey dui attorney, new jersey dui lawyer, New Jersey Implied Consent Law

AUTOMOBILES — DRUNK DRIVING — LICENSE SUSPENSION

October 25, 2012 by EMJanzekovich

05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was convicted of his first DUI on May 28, 1986, his second on November 2, 1990, his third on December 19, 1992, and the fourth on September 21, 2011. The first three offenses occurred in New Jersey; the fourth occurred in Arizona.

On appeal, appellant notes that the driving history provided with the notice of suspension contained only one prior alcohol-related motor vehicle offense dating back to December 19, 1992. He argues that, as a matter of procedural due process, he is entitled to an agency hearing to evaluate the legal and factual bases for the imposition of a 3,650-day suspension. The appellate panel disagrees and affirms the suspension. Appellant does not contest that he has been convicted of DUI on four occasions, nor does he raise any legal issues to be addressed by the MVC. Rather, appellant merely contends that the MVC did not provide him with proof of all four of his DUI convictions when it initially issued the suspension notice. Since no disputed issues of material fact existed, and no legal issues were raised, no evidentiary hearing was required before the mandatory suspension was imposed.

Source – NJSBA Daily Briefing

Filed Under: Criminal Law, Driver's License Suspension, Drunk Driving Tagged With: drinking and driving, drinking driving new jersey, driver's license suspension, drunk driving, dui attorney, dwi attorney, new jersey drunk driving attorney

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