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.

 

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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 – 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.

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

April 5, 2016 by

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.

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

March 29, 2016 by

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.

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New Jersey DWI – DUI Lawyer – Driving on a Revoked or Suspended License

March 15, 2016 by

Losing one’s driving privileges is often much more devastating than people anticipate.  You are not able to drive to work—New Jersey does not allow for any temporary, provisional or “work” licenses – you are not able to drive to school; you are not able to drive to the supermarket to purchase food for your children, or take them to the hospital in the event of a life-threatening emergency.  Quite simply, there is no flexibility in the law when it comes to a revoked or suspended driver’s license.  This especially holds true if you live in an area without public transportation, or have no family to assist you.

You may be on the revoked list for many reasons—you may have a prior DWI conviction, you may have failed to pay drunk driving surcharges to the Motor Vehicle Commission, or your license may have been suspended or revoked in another state.  Regardless of the reason for your suspension, if your license has been revoked, you cannot operate a motor vehicle in New Jersey during the period of your suspension for any reason.

Nevertheless, many people decide to drive without a valid license, gambling with their future, and betting that they won’t get caught.  Thousands of drivers on the revoked list are pulled over for routine traffic stops every year in New Jersey.

New Jersey License Suspension

If you are caught driving on a suspended license, you could face enormous fines, a mandatory 90 day jail sentence, steep motor vehicle surcharges, and an additional period of license suspension.  You will also face expensive collateral consequences that can financially hobble you for years (including expensive taxi rides and lost job opportunities).  These are consequences that you will have to face even if you are not aware that your license has been suspended.

There are several strategies that can be employed if you are charged with driving on a revoked license, that at the very least can give you a fighting chance against the imposition of an additional period of license suspension or jail time.  First, the governing statute N.J.S.A. 39:3-40 does not prohibit alternatives to jail time, such as community service, so under certain circumstances it is possible to request an alternative punishment during sentencing.  Second, charges for driving on a suspended license can be reduced through plea bargaining (whereas plea bargaining is not an option for DWI offenses).  Additionally, you may be able to avoid jail time if you entered a plea without being represented by an attorney, or in violation of your constitutional rights or New Jersey Court Rules.

Top New Jersey Drunk Driving Lawyer Edward M. Janzekovich Represents People Charged With Driving on a Suspended License

We understand how devastating the consequences of losing your license can be.  If you have been charged with driving on a suspended license, you could face an even longer suspension period, jail time and other life changing consequences.  Don’t take chances with your future.  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, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls.

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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

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.

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New Jersey DWI – DUI Lawyer Edward M. Janzekovich – Mixing Prescription Drugs and Alcohol—A Dangerous Combination

March 1, 2016 by

When an individual is arrested for driving under the influence, law enforcement may opt to charge them with driving under the influence of alcohol, a drug, or a combination of both. A person can be found guilty even if the amount of alcohol consumed would be less than the legal limit of .08 percent. This is because the combined effect of drugs and alcohol can produce a synergistic effect—such that even if either substance alone might not impair the driver, their combined effect renders a driver profoundly impaired.

In New Jersey, you can be charged with a DWI even if you are under the influence of over-the-counter drugs or prescription medication that has been legally prescribed to you. Many recent studies demonstrate that common medications, particularly allergy medications, may impair a person’s driving even more than alcohol.

Common medications that can result in a drug-impaired driving charge include:

  • Sleeping pills, such as Ambien
  • Allergy medication, such as Benadryl
  • Cough syrup, such as Nyquil or Codeine-based syrups
  • Prescription painkillers, including Tylenol 3, Vicodin and OxyContin
  • Anti-anxiety medications, such as Ativan, Xanax and other benzodiazepines
  • Antidepressants
  • Muscle relaxers

In the typical scenario where both drugs and alcohol are involved, police will first arrest a motorist for driving under the influence of alcohol. Then, after administering field sobriety tests and a breathalyzer test, if the breathalyzer results and field sobriety test results do not correlate (because the driver appears to be more impaired than the breathalyzer results indicate), police may seek blood or urine samples to determine whether the driver is under the influence of drugs.

Many drugs stay in a person’s system for long periods of time, and can be detected in a person’s blood or urine long after the impairing effects have worn off. Therefore, to be convicted of a DWI in New Jersey for drug use, a driver will most likely be subject to a series of tests conducted by a drug recognition expert. If such an expert is not available at the police station when the driver is tested, the test results may become inadmissible in court.

New Jersey DWI – DUI Lawyer Edward M. Janzekovich Defends Motorists Accused of Driving Under the Influence of Drugs and Alcohol

Respected New Jersey DUI lawyer Edward M. Janzekovich has a vast knowledge of the technicalities of DWI law and has successfully defended countless clients against DWI charges. If you have been charged with driving under the influence of drugs and alcohol, you have rights. To discuss 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, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls.

 

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New Jersey DWI – DUI Lawyer Edward Janzekovich – DUI – DWI Checkpoints

February 23, 2016 by

In general, police officers in New Jersey can only stop a vehicle if they have a reasonable suspicion that an offense has been committed. They must also be able to specifically describe the grounds for their suspicion. Despite this constitutional protection against unreasonable searches and seizures, police may randomly stop drivers at sobriety checkpoints (also called roadblocks) even if they have no reason to believe that anyone in the vehicle committed an offense. Because random checkpoint stops are such an intrusive law enforcement technique, the police must be able to show a rational basis for establishing the roadblock. There are strict requirements for both setting up and executing roadblocks.

What To Expect At A Sobriety Checkpoint

As you approach a road block, you should see signs and lighting designating the checkpoint area. You will be required to slow down and wait for your turn to be processed through the checkpoint. Police officers will detain drivers in a pre-selected pattern (for example, every driver or every fifth driver). Drivers cannot be stopped on their appearance alone.

If you are stopped, you will be detained for a brief period of time. Police may ask basic questions, request documentation and look for signs that you are under the influence of drugs or alcohol. If you exhibit these signs, you will be asked to move your car to a separate area where you will be asked to undergo a field sobriety test.

Roadblock Requirements

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. This means that if police do not follow the proper procedures for setting up and executing a roadblock, any evidence obtained may be inadmissible in court—including breathalyzer or blood test results. Courts will consider various factors in determining whether a roadblock was proper, including:

  • Whether notice of the time, date and location of the roadblock was published in advance
  • Whether advance warning was given to individual approaching motorists (use of lights, signs, etc.)
  • Whether statistical data demonstrates that the roadblock was set up in a particularly problematic location for drinking and driving
  • Whether public safety and awareness are fostered by the checkpoint
  • The time of day when the roadblock is conducted
  • Average length each motorist is detained
  • Whether less intrusive measures could have been used to combat drunk driving in the area

Police officers and state troopers do not have the authority to select a DUI checkpoint location or time. They must first receive a directive from their commanding officer.

What Happens if I Attempt to Evade a Roadblock?

If you are intoxicated and attempt to evade a properly established road block, this may give police sufficient reasonable suspicion to stop your vehicle.

New Jersey DUI Lawyer Edward M. Janzekovich Represents Drivers Who Have Been Charged With DWI at Police Roadblocks

State and federal laws carefully protect the rights of citizens to be free from unlawful searches and seizures. If you were stopped at a sobriety checkpoint and arrested for driving under the influence, New Jersey DWI lawyer Edward M. Janzekovich will obtain all documents relating to the establishment of the road block, and analyze it to determine whether it was legal. I will also look at the circumstances surrounding your stop to determine whether police followed proper procedures and detained you for a reasonable amount of time. Unreasonable detentions raise different constitutional issues and may provide you with additional defenses.

We proudly serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County. To discuss your case, call us at 732-257-1137 or contact us online today.

Filed Under: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Field Sobriety Tests, Illegal Searches and Seizures, New Jersey Attorney, New Jersey Search Without Warrant Tagged With: , , , , , , , , , , , , , , , , , , , ,

The Ignition Interlock Device – New Jersey DWI, DUI or Refusal to Submit a Breath Sample

December 2, 2015 by

DWI-DUI Charges in New Jersey

In New Jersey, if you are convicted or plead guilty to a DWI / DUI or Refusal to Submit a Breath Sample, most likely you will have to install an ignition interlock device in your car. The device essentially works as a bypass to the ignition of your vehicle which requires a breath sample to be supplied before the vehicle will start. It will also require periodic samples as the vehicle is operated for longer time frames to keep it running so as to ensure the operator is not consuming alcohol after the initial start up.

As a first offender with less than a .15% BAC (blood alcohol concentration), the sentencing judge is not mandated to have you install it, although he or she may depending on surrounding circumstances of your incident. Once your BAC reaches .15%, the judge is mandated to order the installation of the device into the vehicle principally operated. The device must be installed all through the period of suspension and an additional six months to one year (judge discretion) after you get your license back.

A first offender who refused to submit a breath sample will be required to install an ignition interlock device as well, with the rationale that the breath sample would have been a .15% BAC or higher. Another reason to provide a breath sample – but most people learn of this incentive after the fact.

As a second offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a second offender is 2 years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

As a third offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a third offender is ten years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

A common question is, why do I have to put this device in my car during the period of suspension if I cannot drive anyway. That answer is not clear. Other states have interlock laws and penalties for DWI, and it appears New Jersey copied the laws from other states. The discrepancy is that other states allow you to drive during the period of suspension for very limited reasons.

Other states will grant a very limited purpose license to travel to work or school, and most require you to install an ignition interlock device in your vehicle prior to being granted that class. New Jersey does not offer a temporary, hardship or work only license, as many other states do.

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.

Filed Under: DWI - DUI, Ignition Interlock Devices, New Jersey Attorney, Refusal to Submit a Breath Sample Tagged With: , , , , , , , , , , , , , , , , ,

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