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 DWI – DUI Lawyer – When Your Guests Drink and Drive

April 12, 2016 by

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.

 

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

March 22, 2016 by

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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