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.

Filed Under: Drunk Driving, DWI - DUI, Intoxicated Driving Program (IDP), New Jersey Attorney Tagged With: , , , , , , , , , , , , ,

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.

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

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.

 

Filed Under: Criminal Law, Driving Under the Influence of Drugs, DWI - DUI, Mixing Prescription Drugs and Alcohol, New Jersey Attorney Tagged With: , , , , , , , , , , , , , , , , , ,

New Jersey Appellate Court Rejects DWI – DUI Refusal Challenge

January 29, 2016 by

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.)

janz

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: , , , , , , , , , , , , , , , , , , ,

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: , , , , , , , , , , , , , , , , ,

Happy Thanksgiving!

November 24, 2015 by

Happy Thanksgiving!

Contact DUI / DWI Defense Attorney Edward M. Janzekovich

Contact me online or call my office at 732-257-1137 to arrange a free initial consultation. I am available evenings and weekends upon request. All major credit cards are welcome.

The Law Office of Edward M. Janzekovich serves all of Middlesex County including Edison Township, Woodbridge Township, Old Bridge Township, Piscataway Township, New Brunswick, Perth Amboy, East Brunswick Township, South Brunswick Township, Sayreville, North Brunswick Township, Monroe Township, South Plainfield, Plainsboro Township, Carteret & South River, NJ.

Filed Under: Current Events, New Jersey Attorney, Staff Announcement Tagged With: , , , , , , , ,

Allowing a Drunk Driver to Operate a Motor Vehicle in NJ

September 8, 2015 by

 

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: , , , , , , , ,

Implied Consent

July 24, 2015 by

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

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

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

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

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

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

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

Filed Under: DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: , , , , , , , , , , ,

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