drunk driving

New Jersey DWI – DUI Lawyer – When Your Guests Drink and Drive

April 12, 2016 by EMJanzekovich

Imagine you have a small get together with your friends at your beach house rental, and you serve your guests alcohol. Then imagine that one of your guests drinks a little too much, and continues to help herself to drinks even after you have observed her stumbling and slurring her words. Later that night, she attempts to drive herself home, but collides with another car, severely injuring the other driver. In New Jersey, the injured victim can collect damages from both you, the social host, and from your intoxicated guest who caused the accident.

This is because under New Jersey law, social hosts that serve alcoholic beverages to adult guests, knowing that they are intoxicated and will be driving, can be held liable for any injuries inflicted upon an innocent third party. A social host is any person who invites another into their home and provides them with alcohol. In order to be considered a social host, you need not give an express invitation—an implied invitation will suffice. Social hosts can be held liable even when guests serve themselves at a party. So-called “social host” laws are intended to prevent drunk driving and minimize fatalities.

Social host liability laws are derived from “dram shop” laws. Dram shop laws enable injured victims to sue the bar when a visibly intoxicated patron was served prior to causing injury to a third party. Many years ago, judges were exposing tavern owners to ever increasing liability by broadening the applicability of these laws on a case-by-case basis. As a result, insurance premiums for bar owners skyrocketed. In response, the New Jersey legislature enacted the Licensed Alcoholic Beverage Server Fair Liability Act in order to protect the rights of those who suffered losses as a result of the negligent serving of drinks.

Both social hosts and bar owners can be held liable for third party injuries, but the drunk driver can also be held liable. This is because courts apply something called “comparative negligence” in apportioning liability. This means that a jury will decide how much the social host (or bar owner) is to blame relative to the intoxicated driver. One of the most hotly contested issues in these cases is how much the guest was able to appreciate the risk of harm while consuming alcohol at the party. For example, if a host served his guests straight vodka, but described the drinks as light cocktails, the host may be responsible for paying a greater share of the compensation to any injured victims.

Social hosts that serve visibly intoxicated guests can be held liable for an injured third party’s:

Medical bills
Costs for rehabilitation and therapy
Lost wages
Property damage
Pain and suffering
Value of household and childcare services the person otherwise would have performed had they not been injured
Loss of consortium to the injured party’s spouse

In New Jersey, those injured as a result of negligent serving of alcohol are also entitled to punitive damages. Punitive damages are very high damage awards designed to punish particularly egregious behavior.

If you are planning a party, it is important to consider that your guests will need to get home safely. If you see that one of your guests is visibly intoxicated, you should either invite them to spend the night, arrange for someone to drive them home, or as a last resort, involve the authorities.

New Jersey Drunk Driving Lawyer Edward M. Janzekovich Provides Experienced DWI – DUI Defense

If you have been charged with drunk driving, there are many issues to consider. Not only will you need a skilled lawyer to defend you against criminal drunk driving charges, but you may also be facing civil liability if anyone has been injured. Edward M. Janzekovich has vast experience defending people just like you who have been charged with DUI. He understands the fear and anxiety you may be feeling, and strives to give each and every client peace of mind by explaining what to expect in simple terms. To schedule a free consultation, 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.

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

New Jersey DUI Lawyer Discusses the Use of Video Evidence in DWI Cases

March 29, 2016 by EMJanzekovich

If you are pulled over for suspected drunk driving in New Jersey, it is very likely that the police will make a video recording. Remember that your words and actions will be videotaped from the moment an officer turns on the police car’s lights. Even if you feel that the stop is not justified, always remain polite and compliant because a judge may later view the tape. Although it might seem like video of a DWI arrest will seal the case against you, video evidence can actually be helpful to your defense—especially if your rights have been violated or the officers exaggerated their observations when filling out their reports.

When Are Suspects Recorded?

Currently, the New Jersey State Police record both the motor vehicle stop as well as the subsequent roadside investigation (including the field sobriety tests). The State Police do not currently videotape suspects taking breathalyzer tests while back in custody at the State Police barracks.

On March 1, 2015, a new law took effect requiring all newly purchased municipal police cars to be equipped with mobile video recording systems. The requirement applies to police cars primarily used for traffic stops. Many municipal police departments record the initial stop, the roadside investigation and some even record the administration of the breathalyzer test back at the station.

Mobile Video Recording (MVR) Technology

MVR devices coordinate the operation of a video camera mounted in the police car with the overhead police lights on the top of the police car. When the lights are turned on to pull a car over, the video starts recording. The video is electronically time and date stamped. Police officers wear portable remote microphones to record audio of your exchange. Anything you say to the police will be a part of that video record. Consequently, if you are pulled over under suspicion of drunk driving, you should not make any statements to the police until you have spoken to an experienced New Jersey DWI lawyer (except basic information like your name, address, date of birth, etc.) You may think you are helping your case, but you cannot anticipate how your words will later be used against you in court.

Video recording systems in older police stations tend to use dated technology. The quality of the video and sound from these older wall-mounted devices varies greatly from precinct to precinct. Some recordings may be so poor as to be completely indecipherable.

Does the Judge Always See The Video?

The judge will not see the video unless either your attorney or the prosecutor introduces it as evidence in your trial. In order to be admitted, the arresting officer and/or officer who administered the breathalyzer must also testify. The judge cannot view the video of his or her own accord.

There are objections that can be raised to prevent the judge from viewing the tape or admitting it as evidence. Most often, a defendant will object that the recording contains statements that constitute admissions, on grounds that they have not been advised of their right to remain silent. Even if these parts of the video are redacted, other parts of the recording can still be admitted (for example video of the defendant stumbling while being fingerprinted or slurring words).

How Can the Video Help Me?

In order to affect a valid traffic stop, the police need a justifiable reason to pull you over—otherwise all the evidence subsequently gathered must be excluded at your trial. If the police claim to have pulled you over because you were swerving erratically, but the video shows that you were not, this may be grounds for dismissal of your case.

The video recording should also capture the field sobriety tests. If, for example, you failed the “standing on one leg” test because it was administered on challenging terrain, you may receive the benefit of the doubt in court.

If a police officer requests that a driver take a breathalyzer test, the driver cannot legally refuse. The officer is required to read from a prepared statement when asking the driver to take the test. If there is a dispute as to whether a driver actually refused to take the test, a video recording can clear this up.

Also, if an officer does not adhere to the required 20-minute observation period prior to administering a breathalyzer, the video can prove this, and it could be grounds for an acquittal or dismissal.

If a recording is lost or taped over, this may constitute a due process violation that requires the dismissal of your case.

New Jersey DWI Lawyer Edward M. Janzekovich Knows How to Use Video Recordings to his Clients’ Advantage

If you have been arrested for drunk driving in New Jersey, you should begin crafting your defense right away. New Jersey DUI attorney Edward M. Janzekovich is known throughout New Jersey for consistently getting positive results for his clients. To learn more about how we can help, call us at 732-257-1137 or contact us online today. We serve clients throughout New Jersey including Monmouth County, Middlesex County, and Ocean County.

Filed Under: Criminal Law, Drunk Driving, DWI - DUI, DWI Video Evidence Tagged With: drunk driving, drunk driving video evidence, dui, DUI – DWI Defense Attorney, dui dwi, dui lawyer new jersey, dui video evidence, dwi, dwi attorney, dwi dui lawyer, dwi video evidence, MVR video, MVR video DWI, MVR video evidence, new jersey drunk driving attorney, New Jersey Drunk Driving Lawyer, new jersey drunk driving video evidence, new jersey dwi, new jersey dwi lawyer

New Jersey Drunk Driving Lawyer – When Your Car Is Impounded After a DWI-DUI

March 22, 2016 by EMJanzekovich

Key Facts About Vehicle Impoundment in New Jersey

If you are arrested for driving while intoxicated or for refusing to submit to a breath test, the police must impound the vehicle you were driving. State law requires that your car be impounded for at least 12 hours. After the 12-hour mandatory impoundment period, you can reclaim your car, or send someone to reclaim it on your behalf. You are responsible for paying a reasonable fee for towing and storage, and your car will remain in the impound lot until you can pay the fee in full.

If you do not own the car you were arrested in, the lawful owner can reclaim their car prior to the 12-hour period provided that they can:

Present a valid license, proof of ownership, proof of lawful authority to operate the vehicle, and proof of current car insurance.
Proof that they are capable of operating the car in a safe manner and would not be in violation of any motor vehicle code.
Proof that the person receiving the car can comply with any other conditions for release of the vehicle established by the arresting law enforcement agency.

DWI Car Hold – John’s Law

The law that authorizes police to hold cars for up to 12 hours after a DWI is referred to as “John’s Law.” Tragically, a young man named John R. Elliot was killed on July 22, 2000 in a head-on collision with a driver who had been charged with drunk driving earlier that evening. John was a promising midshipman from the United States Naval Academy. John’s father persuaded lawmakers to adopt the 12-hour mandatory minimum holding period to prevent others from suffering the same fate as his late son.

The drunk driver who caused the crash, Michael Pangle, had been arrested with a blood-alcohol content of 0.21 percent earlier that night and was taken to the state police barracks. He was released when a friend came to get him. Just three hours after his release, he was driving the same SUV that he had been arrested in earlier that evening. Both Pangle and Elliot were killed instantly in the crash.

The friend who picked Pangle up was charged with manslaughter, vehicular homicide and aggravated assault as an accomplice to the drunk driving accident, even though he was not in the car at the time. His trial ended in a hung jury.

Can the Police Search Your Car While it is Impounded?

Whether the police may conduct a search of the interior of your car while it is impounded depends on the facts of your case. Under certain circumstances, police may perform an “inventory” search of your car’s content so that your property can be accounted for and safeguarded. If law enforcement stumble upon contraband (including drugs or weapons) during the process you may be charged with a crime. Police cannot automatically conduct an inventory search when your car is impounded: the owner of the vehicle must first be given the opportunity to remove their property from the car.

Police can also search your impounded car if they had probable cause to conduct a warrantless search at the spot where the officers encountered the car. For example, if police saw drugs lying on your seat when they pulled you over for swerving and arrested you for drunk driving, they can bring your car back to impound and search it there.

Officers can also search your impounded car if a judge has issued a warrant based on probable cause that evidence of a crime is located inside the vehicle.

New Jersey DWI Lawyer Edward M. Janzekovich Defends Against Drunk Driving Charges and Illegal Searches

If you have been arrested for driving under the influence, you need an experienced lawyer in your corner. New Jersey DUI lawyer Edward M. Janzekovich has a successful track record of defending against drunk driving charges and illegal searches, such as purported “inventory” searches. To learn more about how we can help you, 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.

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New Jersey DWI/DUI Lawyer: What Happens If I Am Convicted of Drunk Driving in Another State?

March 8, 2016 by EMJanzekovich

Getting arrested and facing charges for drunk driving can be a very frightening and intimidating experience. You do not know what to expect. These feelings of anxiety may increase if you are arrested out-of-state and far from your home and family. If you are a New Jersey resident, in addition to having to deal with the charges in the state where you were convicted you will also face serious consequences in New Jersey.

Once your out-of-state DUI has been reported, you will probably have your license suspended in New Jersey and face expensive surcharges from the New Jersey Motor Vehicle Commission (MVC). In addition, if you are convicted of drunk driving in New Jersey any time during the ten years following your out-of-state conviction, you will face enhanced penalties in New Jersey as a repeat offender.

Suspension of Your Drivers License

Once you are convicted of DUI out-of-state, the record of your conviction will be reported to the Chief Administrator of the MVC through the Interstate Drivers License Compact (the Compact). The Compact is an interstate agreement between 45 states to exchange information about license suspensions and traffic violations, including DUI offenses. The Compact’s motto is “One Driver, One License, One Record.” The only five states that do not participate in the Compact are Massachusetts, Michigan, Wisconsin, Georgia and Tennessee; all other states, including the District of Columbia, participate.

When you are convicted in a state that participates in the Compact, your driving record will be affected just as if you had committed the offense in New Jersey. Out-of-state non-moving violations like parking tickets, tinted windows or a loud exhaust pipe will not be reported to the New Jersey MVC. But serious charges like a DWI/DUI will be reported.

For example, if you are convicted of a DWI/DUI in New York or Pennsylvania, your license will be suspended in New Jersey for:

180 days if it is your first DWI/DUI offense
2 years if it is your second DWI/DUI offense
10 years if it is your third (or greater) DWI/DUI offense

All prior convictions (whether out-of-state or in New Jersey) count as prior offenses for determining how long your license will be administratively suspended.

Motor Vehicle Surcharges

Surcharges are fines assessed by the New Jersey Surcharge Violation System. If you have too many points on your license for moving violations, or if you are convicted of a DWI, you are liable for a surcharge in addition to any court fines and penalties you have to pay in the state where you were convicted. Once your out-of-state conviction is reported to the MVC, you will have to pay $1000 per year for the next three years. If the conviction is your second within three years, or your third offense, you will have to pay $1500 per year for the next three years.

Sentencing Enhancements

Violation of any law that is “substantially similar” to New Jersey’s own DWI statute will constitute a prior conviction if you are later convicted of a DWI in New Jersey. This is true even if the state where you were convicted is not a signatory to the Compact.

New Jersey DWI – DUI Lawyer Edward M. Janzekovich Represents People With Prior Drunk Driving Convictions

If you have been convicted of drunk driving in another state, and are facing new charges in New Jersey, trusted DWI lawyer Edward M. Janzekovich is prepared to defend you. We have a successful track record of defending clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls. To take charge of your situation, call us at 732-257-1137 or contact us online today.

Filed Under: Criminal Law, Drunk Driving, DWI - DUI Tagged With: busted dwi in another state, criminal attorney new jersey, drunk driving, drunk driving in another state, dui, dui attorney, dui in another state, dwi, dwi attorney, new jersey drunk driving attorney, new jersey dui lawyer, nj dwi attorney, out of home state dui, out of home state dwi

New Jersey Appellate Court Rejects DWI – DUI Refusal Challenge

January 29, 2016 by EMJanzekovich

On January 28, 2016 a New Jersey Appellate Court rejects a DWI / DUI refusal challenge that the Standard Statement police are required to read is defective. The argument is that the Statement does not fully advise a person in custody for suspected DWI / DUI of the exact potential penalties they will be charged with if they refuse to provide a breath sample for testing to determine if they are drunk driving in New Jersey.

The defendant argued that “she should have been told that the mandatory minimum license revocation would be seven months,” and that “up to 20 years can mean anywhere between 0 days to 20 years.” She also challenged that she should have been told the mandatory minimum fine would be between $300 and $500, and that it would result in her having to install an ignition interlock device in her vehicle for a certain period of time.

In reality, the situation does potentially get even more confusing because in New Jersey – when a person is arrested for suspected DWI / DUI – most times, just prior to being read this Statement, they are also advised of their Miranda Rights, and the police then have them sign a rights card. Miranda says you have a right to remain silent, and the right to have an attorney. Then one minute later, you are read the Statement, which says you have no legal right to have an attorney, that you cannot remain silent, and that you must answer the question.

The take away from this, do not drink and drive, but if you are asked to provide a breath sample by a law enforcement officer, provide it, then hire a New Jersey DWI / DUI lawyer / attorney to help you. (you must supply at a minimum 2 good breath samples for the Alcotest to generate a test result and avoid a refusal charge.)

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Click the below link for the sourced article from the New Jersey Law Journal – January 28, 2016 by Michael Booth

NJ Court Rejects Challenge to Breath-Test Refusal Warnings

Contact DUI – DWI Defense Attorney Edward M. Janzekovich

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

The Office of Edward M. Janzekovich can help if you have been arrested and charged with DWI / DUI in Union County, Ocean County, Monmouth County, Middlesex County, Burlington County, Mercer County & Somerset County.

We also serve the New Jersey cities of Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater & Tinton Falls.

Filed Under: Criminal Law, Current Events, Drunk Driving, DWI - DUI, New Jersey Appellate Court Decisions, New Jersey Attorney, Refusal to Submit a Breath Sample Tagged With: criminal attorney new jersey, current events, drunk driving, DUI – DWI Defense Attorney, dui attorney, dwi, East Brunswick DUI Attorney, East Brunswick DWI Attorney, New Jersey Appellate Court, New Jersey Appellate Court DUI, New Jersey Appellate Court DWI, New Jersey Appellate Court DWI Refusal, new jersey drunk driving attorney, new jersey dui lawyer, new jersey dui refusal, new jersey dwi refusal, New Jersey Refusal to Submit, nj dwi refusal attorney, Union Township DUI DWI, Union Township NJ DWI Attorney

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

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

DRUNK DRIVING — SPEEDY TRIAL

September 21, 2012 by EMJanzekovich

CRIMINAL LAW & PROCEDURE — DRUNK DRIVING — SPEEDY TRIAL

14-2-7618 State v. Vanderkooy, App. Div. (18 pp.) Defendant challenges his convictions for driving while intoxicated, refusal to take a breathalyzer test, and speeding in the Law Division at a trial de novo based on the record developed in the municipal court.

The panel affirms, finding that:

defendant was not denied his right to a speedy trial where both parties are responsible for various delays, whether due to scheduling conflicts, discovery delays, or requesting a Frye hearing, the amount of time elapsed is mostly due to the Frye hearing, and defendant did not prove prejudice sufficient to warrant a speedy trial violation;
defendant was not denied the requested discovery regarding the radar gun or the State’s radar gun expert;
the State presented sufficient evidence of the scientific reliability of the Stalker Dual SL radar device used by police;
there was sufficient evidence in the record of the operator’s training and testing of the radar device to admit the radar reading into evidence;
defendant cannot establish that the municipal court judge or trial judge erred in finding the police officer’s testimony credible; and
based on the officer’s observations and defendant’s conduct, it is clear that probable cause to arrest existed and the State established beyond a reasonable doubt that he is guilty of DWI.