Edward Janzekovich

Driving While High, Get a DUI

May 10, 2021 by Edward Janzekovich

If you are convicted of driving while intoxicated due to marijuana, you will face significant fines, loss of driving privileges, and possible jail time.

How You Might Be Prosecuted for Driving High in the Future

New Jersey may implement new methods or devices to detect marijuana intoxication. Currently, it is illegal to driving drunk in the Garden State, and most people know that the legal alcohol limit is .08% BAC or blood alcohol concentration. What many people do not know is that there is still only one legal breathalyzer machine that may be used in the state, the Draeger Alcotest 7110. It is the only make and model of the machine that may be used to prove breath alcohol content in this state, even though there are other machines and models that can and are used in other states.

In the future, New Jersey may choose to adopt a similar machine to test marijuana intoxication. In Canada, one such government approved device is the Draeger DrugTest 5000. According to the company’s own website, the Draeger DrugTest 5000 tests a person’s saliva sample quickly in order to identify for drugs like amphetamines, designer drugs, opiates, cocaine and metabolites, benzodiazepines, methadone, and cannabinoids (meaning marijuana and marijuana related products). If such a machine is ever used in New Jersey, you can guarantee that there will be challenges to its reliability and effectiveness, as well as questions about what levels of drugs indicate legal intoxication.

If you or someone you know is ever charged with driving while high as the result of marijuana, THC, or any other chemical substance, it is important to get an experienced DUI and DWI attorney as soon as possible. Only a good attorney working with an experienced expert can challenge drug intoxication evidence in many intoxicated driving cases. It’s important to discuss the evidence against you with a trusted lawyer as soon as possible.

NJ Driving While High Defense Lawyer Edward M. Janzekovich Is a Lawyer You Can Trust

Now that marijuana is legalized for recreational use in this state, you can guarantee that the number of DUI and DWI cases related to THC and cannabinoids will increase. If you or someone you know is charged, you will want an experienced attorney on your side. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: DUI and DWI Tagged With: Blood Alcohol Concentration

New Jersey DUI Attorney Discusses Searches of Commercial Vehicles

March 17, 2021 by Edward Janzekovich

Traditionally, after a police officer makes a legal stop of your vehicle – such as a traffic stop for speeding or running a red light – he or she still cannot search your vehicle without a warrant unless or she can show that there is probable cause to believe the search will turn up evidence of criminal activity, like possession of marijuana or open alcohol containers. If you are the driver of a commercial vehicle, however, the law works a bit differently.

The Fourth Amendment and Vehicular Searches

Under the Fourth Amendment to the United States Constitution, you have a right to be free from warrantless searches or seizures, unless there is a legal reason for the search to occur. When it comes to private passenger vehicles, this means that a police officer cannot just search your car whenever you get pulled over, especially if the reason you are pulled over is something like speeding, because there is no reason for the officer to believe that anything inside your vehicle has anything to do with why you were pulled over.

However, if you are in a commercial vehicle, there is an exception to the Fourth Amendment right, because the law allows for searches of places related to a “highly or pervasively regulated industry.” Commercial trucking is now recognized in New Jersey as a pervasively regulated industry, and rules exist relating to all aspects of the trucks and vans used to transport or ship goods and equipment. This means that a police officer can stop and search a commercial truck, in order to make sure that the vehicle complies with federal regulations. This can include making sure that cargo is properly secured or certifying that the size and weight restrictions are followed. The trailer portion of a tractor trailer is one area in particular that a police officer is permitted to inspect.

Limits to the Search of a Commercial Vehicle

A police officer still does not have an absolute right to search commercial vehicles – there are limits to what the officer can search. A warrantless search of a commercial vehicle must still be reasonable, and the driver or owner of the vehicle still has a right to some privacy.

Therefore, in the case of State v. Pompa, the Court decided that truckers can reasonably expect searches of their tractor trailers to ensure the truck is in compliance with regulations, but the driver is entitled to more privacy when it comes to the sleeper-cabin portion of a vehicle. While a police officer is permitted to inspect a sleeper-cabin area to determine if the area is safely secured, Pompa determined that a police officer’s search of a driver’s closed closet inside of the sleeper-cabin on a tractor trailer to be unreasonable and impermissible. Based on Pompa and other cases, a police officer should not be permitted to search a closed closet, or briefcase, or other area belonging to the driver or owner of a commercial vehicle, when those places have nothing to do with commercial trucking regulations.

Of course, if a police officer sees evidence of criminal activity in “plain view” while he or she is conducting an otherwise legal inspection, that can create probable cause for the police officer to continue looking in an area where he or she would not normally be allowed to search.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Defend You if You Are Charged with Criminal Possession

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

Filed Under: Commercial Vehicles Tagged With: dui attorney

New Jersey DUI Attorney Discusses More New Canadian DWI Laws Including Blood Alcohol Content Extrapolation

December 9, 2020 by Edward Janzekovich

The Edward M. Janzekovich Law Blog has discussed several new laws being enacted in Canada and compared those laws to New Jersey’s statutes on intoxicated driving. Canada’s new laws against driving impairment are already be called amongst the toughest in the world, and many would say they are even harsher than New Jersey’s already strict laws that aim to penalize and/or prevent drunk driving.

We previously went over how Canadian police officers are now permitted to pull over a vehicle and ask the driver to submit to a breath test at random without cause, and anyone convicted will be subjected to even harder consequences.

This week, we will discuss Canada’s law that allows police officers to extrapolate or determine a driver’s blood alcohol content at the time the driver was driving, even 10 hours after the person was driving. This provision for extrapolating BAC is extremely harsh, because a driver can be convicted long after he or she puts down the keys.

Canada’s Provision for Determining a Driver’s Past BAC

Under Canada’s legal system, a police officer may take a driver’s blood sample at any time after he or she was driving and then use a formula to count back and figure out the driver’s past BAC. This means that law enforcement officials can arrest a driver and take his or her blood sample long after the person is out of the car and no longer driving. This blood sample can then be tested, and the results can be adjusted based on the formula to approximate the driver’s BAC hours earlier, when he or she was driving.

As long as there is a minimum of 20 milligrams of alcohol in the blood at the time of testing, police officers are entitled to add 10 mg of alcohol for every hour to determine what the person’s BAC was even 10 hours earlier. The law has no provisions for account for things that could affect the results, like weight, genetics, food intake, drugs, disease, or other factors.

New Jersey’s Law Requiring a Blood Draw Within a Reasonable Time

Previously, Canadian law enforcement were required to obtain blood samples within two hours of the person driving. This is similar to the current law in New Jersey.

When somebody is charged with drunk driving in the Garden State, one of the ways the New Jersey law enforcement can prove DUI or DWI is by introducing evidence that the driver’s BAC was above the legal limit of .08% or higher. Because a breathalyzer cannot be used in all situations, police officers are sometimes required to request a blood draw. For instance, a driver who is involved in a car accident may be unconscious or too injured to provide a breath sample. In those cases, the investigating officer may attempt to get a blood sample, either by getting a warrant, getting consent, or proving exigent circumstances.

If a blood draw is taken, the general rule in New Jersey is that the blood sample must be taken in a reasonable period of time from when the driver was last driving. A blood draw taken within a reasonable time period of the encounter is necessary to ensure that the BAC fairly reflects the level of intoxication when the motorist was operating his or her vehicle.

New Jersey has no provision allowing for extrapolating or approximating BAC backwards to the time the driver was driving involving a charge of NJSA 39:4-50. Therefore, unlike under the new Canadian law, a good attorney in New Jersey may be able to have any blood BAC evidence dismissed if he or she can show that there was an unreasonable delay in obtaining the sample or if there was an intervening incident – such as additional drinking, eating, taking medications, etc. – that could affect a driver’s results or condition.

How a Lawyer Can Help if You are Arrested or Charged in NJ

As noted last week, Canada’s new laws have been specifically redesigned to make defending against DUI and DWI charges harder. In New Jersey, getting a good lawyer as soon as possible can still make a huge difference, and an attorney may even be able to have the case dismissed completely. If you or someone you know is charged with driving while intoxicated, an experienced lawyer will be able to review the evidence against you and put up the best defense on your behalf.

New Jersey DUI Attorney Edward M. Janzekovich Is There for You If You’ve Been Charged with Drunk Driving

DWI/DUI cases can often involve complicated issues of evidence, and successfully challenging that evidence requires knowledge and experience about the law. If you or someone you know is facing a DWI charge, a knowledgeable drunk driving attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DUI Tagged With: Blood Alcohol Content Extrapolation

New Jersey DUI/DWI Lawyer Discusses How a Charge Might Affect Your Immigration Status in the Context of DACA and DREAMers

October 6, 2020 by Edward Janzekovich

When anyone is charged with a DUI/DWI offense, the potential consequences can be both terrifying and overwhelming. This is especially true for those who are not US citizens. In considering the current political climate, issues that affect legal and illegal immigrants have been consistently highlighted in the media – it’s hard to go a day without seeing issues like Deferred Action for Childhood Arrivals (DACA) and DREAMers appear in the news. Recent events have even shown that drunk driving could result in additional consequences for certain non-citizens, because convictions can sometimes lead to Immigrations and Customs Enforcement (ICE) starting a deportation proceeding.

As always, it is important to understand that this is not a surefire thing. Indeed, every case is different depending on the circumstances surrounding the DUI/DWI charge. That is why it is imperative to contact a skilled New Jersey DUI/DWI attorney immediately after you have been charged, especially if you are not a US citizen and are in the country illegally or on a special visa.

Can a DUI/DWI Impact My Immigration Status?

Under New Jersey law, a DWI charge is considered a motor vehicle offense, rather than a criminal offense. Nonetheless, such a conviction could prevent you from receiving your U.S. citizenship because it is considered to show bad moral character. This is especially true if you have multiple DWI convictions on your record. Additionally, if you are a green card holder, you may have a more difficult time proving good moral character (a requirement on an application for citizenship), with a driving while intoxicated on your record.

New Jersey Municipal Court judges will generally advise individuals who are non-US citizens of the potential immigration consequences associated with guilty pleas or a guilty verdict for a DWI. However, it is best to first consult with a knowledgeable DUI attorney before going to court to make sure you fully understand your rights and options.

Recent Examples of Immigration Enforcement Outside of Courthouses

A New Jersey attorney was recently walking with his client, a young DACA recipient who had just resolved a DUI complaint, outside of a municipal courthouse. Officers from ICE actually showed up and the young man was arrested. Although he was protected as a "DREAMer" under the DACA program, a DUI charge disqualified him for renewal, leaving him vulnerable to deportation.

Apparently, it seems there is an increasing trend of courthouses becoming a focus of ICE. Last month, ICE issued new policy guidelines regarding targeting people while at courthouses. Specifically, ICE indicated it will enter courthouses only for specific targets, such as convicted criminals, gang members, and immigrants who have been previously deported or ordered to leave. ICE indicated it would generally avoid enforcement actions in areas within courthouses dedicated to non-criminal matters, such as family court or small claims court. They also indicated that family members and friends accompanying the targets to court appearances generally wouldn't be subject to civil immigration enforcement action, absent special circumstances.

However, because DUI and DWI enforcement inhabits a quasi-criminal place in the law, it is likely that drunk drivers could become targets for additional immigration enforcement.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Can Defend You if You Are Charged with Driving Under the Influence or Driving While Intoxicated

A conviction on DWI/DUI charges can mean serious penalties – jail time, heavy fines, and loss of license at a minimum. Certain drivers face additional consequences depending on the circumstances of the arrest and the status of the individual – including issues that can result in job loss or that affect immigration status. If you or someone you know is charged with driving under the influence, it is important to have a lawyer who knows what penalties can occur and how to help. A good attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 1-732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DWI - DUI Tagged With: Immigration Status

New Jersey Drunk Driving Lawyer Reminds You That it is Illegal to Ride a Moped or Motorized Scooter While Intoxicated

July 15, 2020 by Edward Janzekovich

When people think of getting a DUI or DWI, they usually picture a drunk driver behind the wheel of a passenger vehicle like a car or truck. Here at the Edward M. Janzekovich Law Blog, we believe it is important to remind our readers that drunk driving can take place behind the controls of almost any vehicle, including commercial trucks, tractor-trailers, motorcycles, boats, and mopeds.

A recent arrest in Jersey City from early this week reemphasized the fact that New Jersey laws generally do not allow persons to drive or operate any type of vehicle while impaired, whether as the result of liquor, narcotics, or marijuana. The law actually applies to any motorized vehicle, although the specifics may vary from vehicle type to vehicle type. For instance, the legal blood alcohol concentration (BAC) is .08% for the driver of most vehicles including boats, but the legal limit is .04% for commercial vehicles.

Although the statute prohibiting operating a vehicle while intoxicated is N.J.S.A. 39:4-50, the various types of vehicles are defined by N.J.S.A. 39:1-1

Jersey City Man Arrested for Drunk Driving on a Moped

Early this week, a man was arrested while riding a motorized scooter in Jersey City in North Jersey. He was initially spotted by police officers at 3:30 a.m. and pulled over because was seen riding without a helmet and for failing to stop at a stop sign. Police officers also noted that he did not have a visible registration.

According to the reports, the police officers noticed the man’s speech was slurred and he had glassy eyes after they approached him while he was pulled over. A field sobriety test was performed, and officers reported he failed.

Subsequently, he was transported to police headquarters and a breath sample was taken to check for alcohol intoxication. Surprisingly, he did not register a blood alcohol reading. A Drug Recognition Expert was also unavailable to come to the scene. In this situation, it would be extremely important to retain an experienced defense attorney who might be able to have the charges dismissed completely.

Nonetheless, the man was charged with operating an unregistered scooter, failure to exhibit a driver’s license, failure to exhibit insurance, operating without a helmet, DUI, DUI in school Zone, reckless driving, and driving with a suspended license in addition to other unrelated charges.

Definition of Mopeds or Motorized Bicycles

Under the law, “motorized scooters” include many items traditionally associated with what people think of as a “moped.” Surprisingly, the word “moped” does not appear in the law anywhere, although the law specifically mentions “pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, and mini motorcycles.” N.J.S.A. 39:4-14.3g also specifically prohibits operating motorized bicycles while intoxicated.

The law does not apply to normal, man-powered bicycles, since they are not motorized. Therefore, contrary to popular belief, a person cannot be found guilty of violating New Jersey’s prohibition against drunk driving , N.J.S.A. 39:4-50, while on an exclusively pedal-powered bike (or man-powered skate board).

New Jersey Drunk Driving Defense Attorney Edward M. Janzekovich Can Help if You’ve Been Charged Regardless of the Vehicle

If you or someone you know has been charged with drunk driving, regardless of the vehicle, it will be extremely important to retain an attorney as soon as possible. An attorney will be able to review all the evidence and pursue every defense that applies to your situation. A good lawyer may be able to have all the charges dropped completely. To speak with an experienced New Jersey DUI lawyer about your situation, call us 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.

Filed Under: Drunk Driving, DUI Tagged With: drunk driving

NJ DUI Attorney Discusses: New Jersey Man Found Not Guilty of Driving While High Although Found with Marijuana/ THC in His Blood

June 23, 2020 by Edward Janzekovich

A New Jersey case demonstrated why it is so important to get a good DUI/DWI defense attorney if you or someone you know is ever charged with driving under the influence of marijuana. A South Jersey man, Patrick Miller, was charged with driving while intoxicated in addition to two counts of vehicular homicide in a 2015 accident that took two lives. Miller was subsequently tested and found to have THC in his blood. THC is the active ingredient in marijuana.

Based on the results of the blood test, multiple charges were brought and Miller faced up to 20 years in state prison. Prosecutors recommended a sentence of 12 years if he agreed to plead guilty. Instead, Miller plead not guilty, sought legal counsel, and went to trial to fight the charges against him. This past week, he was acquitted, meaning a jury of twelve of his peers agreed that he was not guilty.

The Accident

Patrick Miller’s accident was highlighted in the news after the 28-year-old handyman lost control of his pickup truck and struck a jogger and local teacher, Allison McGinnis. Miller’s truck then struck a tree, flipped over, and killed his passenger, David Eldridge.

The Blood Test

Miller was airlifted from the crash. Accordingly, he was given a blood test while receiving medical treatment – blood tests are very common when a driver who is suspected of DUI or DWI is injured. Because a breathalyzer or breath test cannot be given to a seriously injured driver, police officers will often request a warrant and get a court-ordered blood test to determine if a driver is under the influence of alcohol or other intoxicants.

In this case, police officers administered a blood test to see if Miller was under the influence of any substances. 4 nanograms per milliliter of THC were found in Miller’s blood sample. Accordingly, prosecutors blamed the accident on intoxication and decided to bring charges including Driving While Intoxicated and vehicular manslaughter, based on the theory that Miller drove his truck recklessly while intoxicated causing two deaths.

The Defense in the Case

Instead of accepting the plea deal, Miller chose to fight the charges against him. The law requires the state to prove that a driver is actually intoxicated or impaired while operating a motor vehicle. Experts were presented by both the prosecution and the defense to argue that the blood test results were unreliable in establishing intoxication. In fact, Miller’s results – the THC reading of 4 nanograms per milliliter of blood – was below the level set as a standard in many of the states that have legal marijuana — 5 nanograms of THC concentration.

Furthermore, the National Highway Traffic Safety Administration has cautioned against using blood tests to determine cannabis impairment, and many lawyers and politicians are concerned that this arbitrary standard could lead to false accusations and flawed charges being brought against marijuana users. One of the major problems in prosecuting driving while high cases is that marijuana can remain in the blood stream long after a person is no longer impaired or under the influence.

In Miller’s case, other defenses included witness testimony that helped show that he was not driving erratically shortly before the accident, nor was he impaired while performing handyman work 20 minutes before the accident occurred. Ultimately, a jury agreed with Miller and his attorney that there was not enough evidence to show that Miller was actually intoxicated or impaired while operating his vehicle.

New Jersey Marijuana Driving Defense Attorney Edward M. Janzekovich Can Defend You if You’re Charged

The consequences for driving while high are serious. If you or someone you know is arrested, charged or convicted, an experienced attorney will know how to defend you in a court of law before a judge and jury. Hiring the right attorney matters. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: DWI - DUI Tagged With: Blood Test

NJ DWI/DUI Lawyer Discusses – More Breathalyzer Results Called into Question

May 30, 2020 by Edward Janzekovich

Regular readers of the Edward M. Janzekovich law blog are likely aware that breathalyzer results are routinely called into question. There have been numerous high-profile instances in the past few years demonstrating that the results of alcohol breath tests can be unreliable. In fact, courts across the nation have regularly thrown out evidence used by police officers and prosecutors that would have otherwise resulted in DUI and DWI convictions. For that reason, we like to highlight these examples when they arise to educate our readers about the importance of getting a good lawyer to analyze the evidence against you.

In New Jersey, the law offices of Edward M. Janzekovich have helped numerous clients overturn convictions, particularly in the past year following the case of State v. Eileen Cassidy, in which the Supreme Court issued a ruling deciding that the breathalyzer evidence used in 20,667 drunk driving cases in Middlesex, Monmouth, Ocean, Somerset, and Union counties were untrustworthy. The Court determined that the evidence used to support those convictions must be thrown out. With it, convicted defendants earned the right to challenge past convictions.

Similar episodes have been mirrored across the country. The most recent example occurred in Massachusetts earlier this month.

More than 400 Alcohol Breathalyzer Test Results Thrown Out by Massachusetts Court

Massachusetts Judge Robert Brennan recently issued a ruling in a series of consolidated cases that shined a spotlight on the Massachusetts Office of Alcohol Testing. The decision called into question the breathalyzer evidence used in over 400 DUI/DWI cases. The Massachusetts Court held that the members of the Office had knowledge that breathalyzers used in numerous cases were inaccurate but failed to release this information to DUI defense attorneys.

When this concealment was discovered, the head of the Office was actually fired, the results of the tests were excluded or thrown out of those case, and prosecutors were forced to either abandon those cases or attempt to prove that the defendants were driving while intoxicated without relying on any breathalyzer evidence.

This was also not the first time that Judge Brennan had issued rulings challenging the reliability of breathalyzer evidence. He issued a similar ruling last September that affected tens of thousands of DUI cases.

Why an Experienced DUI Attorney is Needed if Your Have Been Charged with DUI or DWI Based on Breathalyzer Evidence

Although these recent rulings did not take place in New Jersey, the situation still demonstrates why hiring a good lawyer is so important any time you or someone you know is arrested, charged, or convicted of drunk driving. Many people believe that if they fail a breathalyzer test, that is the end of the line and they will be found guilty.

This is simply not true.

Defendants in a DUI or DWI trial are entitled to present a defense and question the evidence being used against them. These cases show that, sometimes, the evidence is unreliable or even knowingly inaccurate.

Specifically, breathalyzer machines must be properly calibrated and administered according to strict guidelines in New Jersey, in order to maintain their accuracy. If the machine is not calibrated properly or the test is not given correctly, the test results could show a false positive, which could lead to an unfair conviction resulting in significant fines, penalties, loss of driving privileges, and potential jail time.

An experienced lawyer can check and challenge breathalyzer evidence by requesting the proper discovery, going through the records to determine adherence to the rules, and possibly even submit the reports and testimony of expert witnesses who can demonstrate in court that the evidence is unreliable. A good lawyer will know where to look and what questions to ask. If the breathalyzer evidence is excluded in a case, many times the case will be dismissed completely

NJ DUI Lawyer Edward M. Janzekovich Knows Where to Look and What Questions to Ask

If you or someone you know has been arrested, charged, or convicted of drunk driving, it is extremely important to contact an experienced DUI/DWI attorney. A great attorney will be able to review your case and determine whether or not you have been falsely charged. Having a knowledgeable lawyer can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Breathalyzer Tests Tagged With: DUI and DWI

ATTENTION: NEW JERSEY SECOND OMNIBUS ORDER AND GOVERNOR MURPHY’S ROADMAP TO REOPENING AFTER COVID-19 CORONAVIRUS – WEEK 7

May 19, 2020 by Edward Janzekovich

Here on the Edward M. Janzekovich law blog, we believe it is important to keep our readers and clients informed about what is going on within the legal system with regard to the COVID-19 Coronavirus pandemic. To all our clients, colleagues, and friends – as always, we hope you are able to remain safe and healthy during this time.

Supreme Court of New Jersey SECOND Omnibus Order

This last week, the Supreme Court of New Jersey issued a second omnibus Order with the following renewed commitment to remote proceedings. The two most important take-aways for anyone charged with DUI/DWI or Refusal to Submit to a Breath test are as follows:

1. Most Court Operations Are Continuing Remotely

During the COVID-19 pandemic, most court operations have continued remotely in all levels of the court system. Since transitioning to virtual operations, the courts have conducted more than 12,000 remote court events involving more than 80,000 participants.

If you were charged before or during the quarantine/lock-down period, you cannot ignore the charges against you. If you do not take action on pending charges, you will face consequences.

2. More Court Matters Will Resume in the Coming Weeks, INCLUDING MUNICIPAL COURTS

The Court’s Order lifts the suspension of Municipal Court sessions. As of April 27, 2020, remote proceedings in the Municipal Courts have resumed for more proceedings.

Moreover, effective May 11, 2020, with appropriate notice to the parties, Municipal Court sessions can resume in individual Municipal Courts. Sessions may only proceed by video or phone. Municipal Court sessions will resume to the extent possible based on facilities, technology, and other resources.

Although trials and discovery hearings will continue to follow special rules for postponement, many other issues in your drunk driving, drugged driving, driving while high, driving while intoxicated, driving under the influence, and refusal to submit to a breathalyzer case can and will proceed. If you do not take prompt and immediate action in your case, you will likely face serious consequences. The Court has specifically said that further postponements and adjournments will not be granted, and most deadlines will not be extended except in special circumstances.

A copy of the newest orders can be found here:

Governor Murphy’s Roadmap to Reopening

Last week, Governor Murphy also issued a statement regarding his plan to reopen and resume key functions around the state.

Although no specific deadlines or dates were provided, the “road back” demonstrates a commitment by the state to reopening. This, taken together with the Court’s orders, demonstrates that anyone who has a legal issue – including pending DUI or DWI matters – should start making preparations for cases to resume.

Accordingly, it will be important to consult an experienced drunk driving and drugged driving attorney as soon as possible if you have a case pending or have any questions.

New Jersey Drunk Driving Lawyer, Edward M. Janzekovich, Can If You Were Charged Before or During the Quarantine/ Lock-Down Period

If you or someone you know was charged for DUI or DWI before or during the stay-at-home period, there are issues in your case that may need to be resolved immediately or in the near future. An experienced attorney can review your individual case and determine the best way to proceed at this time. A good lawyer can make all the difference. We at the Law Offices of Edward M. Janzekovich can help. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Covid-19 Tagged With: Coronavirus pandemic

New Jersey Driving High Attorney – Saliva Test Strips Could Detect Marijuana Use

April 14, 2020 by Edward Janzekovich

The law prohibits driving while intoxicated as the result of any substance, including legal, illegal, over the counter and prescription drugs. For that reason, when it comes to DUI and DWI, driving under the influence of marijuana carries the same consequences and penalties as drunk driving and driving under the influence of drugs.

However, unlike alcohol, it is difficult to detect when someone is under the influence of marijuana. A new technology could change that. Research being conducted at the University of Texas suggests that saliva could be used to as a more accurate way of conducting roadside THC intoxication tests. This could make testing for marijuana impairment easier, cheaper, and more accurate.

Why Marijuana or Weed Impairment Testing is Difficult

As we have previously discussed on the Edward M. Janzekovich law blog, marijuana intoxication evidence can be flawed. Even drug recognition experts can get it wrong and be overruled in a court of law. That’s why, if you or anyone you know is arrested or charged with driving under the influence of weed, cannabis, THC or other marijuana derivative, it is important to get an experienced lawyer as soon as possible.

The reason it is difficult to accurately test intoxication due to marijuana is because detectable amounts of THC – the active chemical in marijuana – can remain in a person’s blood or urine long after he or she has last smoked weed or eaten an edible. Therefore, even though marijuana is detected, the person may not be impaired or intoxicated. Since the law only prohibits “driving while intoxicated,” a driver cannot be convicted of DUI or DWI if a good lawyer can prove that the driver was not impaired at the time he or she was actually driving.

How Saliva Test Strips Work

Researchers at the University of Texas are developing a test that uses disposable test strips and a compact portable reader device to read a person’s saliva and look for signs of marijuana usage. The strips include special proteins that only react to THC. The special reader device can analyze the strip and determine how much THC is there. From there, the reader is able to accurately estimate THC levels in the bloodstream.

Current reports suggest that the device can make a reading in only five minutes and is accurate from 100 picograms per milliliter to 100 nanograms per milliliter of blood. A proposed marijuana intoxication level set by researchers is between 1 and 15 nanograms/ml of blood.

Before this kind of technology could be implemented in New Jersey, experts and politicians would need to designate a per se intoxication level – similar to the .08% BAC level for alcohol impairment. Research would need to be conducted to determine a fair THC concentration that can accurately predict driver impairment/ intoxication without unfairly infringing on people’s rights.

As previously discussed here on the Edward M. Janzekovich law blog, “The New Jersey Marijuana Legalization Amendment” is on the November 3, 2020 ballot in New Jersey as a legislatively referred constitutional amendment. Voters will have an opportunity to vote whether or not to legalize the possession and use of marijuana for persons age 21 and older and legalize the cultivation, processing, and sale of retail marijuana. If the vote passes, the question of standard THC intoxication levels will become increasingly important in the near future.

New Jersey Defense Attorney Edward M. Janzekovich Handles Any Kind of DUI and DWI Case

When it comes to driving under the influence of drugs or alcohol, the law and technology are always changing. If you or someone you know is arrested, you will want to talk to a who is prepared to review the evidence against you and get any inadmissible evidence thrown out. A good attorney can make a big difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana Tagged With: Weed Impairment Testing

Attention: Nj Municipal And Superior Court Coronavirus/Covid-19 Update – Week 2

March 25, 2020 by Edward Janzekovich

As reported here on the Edward M. Janzekovich law blog last week, the National and State level response to the Coronavirus/COVID-19 Pandemic has resulted in a shut-down of my non-essential public and private businesses as well as gatherings and public functions, including all Municipal Courts in the Garden State. Until further notice, all non-urgent Municipal Court proceedings will be suspended until at least March 27, 2020.

Additionally, several new Court Orders have been issued that can affect anyone currently charged or previously convicted of drunk driving, driving while high, or driving while under the influence of drugs or alcohol.

If you or anyone you know is arrested, charged, or convicted of DUI/DWI during this crisis, it may be more important than ever to reach out to an attorney immediately to find out what your rights are and what your options are. An experienced attorney can review each situation on a case-by-case basis to determine how it is affected by the State of Emergency We at the Law Offices of Edward M. Janzekovich can help

Order to Commute or Suspend County Jail Sentences

If you or someone you know is currently serving a jail sentence related to DUI, DWI, or Refusal to Submit to a Breathalyzer Test, it is important to reach out to an attorney as soon as possible.

A recent Order issued by the Chief Justice of the New Jersey Supreme Court and signed by the Office of the Attorney General, the Office of the Public Defender, the County Prosecutors Association, and the American Civil Liberties Union has granted the RELEASE of numerous persons currently serving a county jail sentence or jail sentence as the result of a municipal conviction. The release will be carried out starting Tuesday, March 24, 2020, will proceed as quickly as possible, and will continue pursuant to the timeline directed in the Order.

For some, this release may be considered satisfaction or full service of the sentence (meaning the prison sentence is concluded), while others may have the time converted into “time served” and subject to additional prison time. Additionally, there are some exceptions regarding who will be released – including anyone who has already tested positive for Coronavirus or COVID-19, and there are situations where an inmate may request not to be released.

Once released, inmates are expected to comply with all Driver’s License Suspension periods and probation requirements.

If you are unsure how you or a loved one is affected by this Order, you may need to consult an attorney immediately. Moreover, if you are someone who has been released due to the Order, you may want to consult an attorney to understand what your rights and responsibilities are after

The signed Order can be found here: https://njcourts.gov/notices/2020/n200323a.pdf?c=j7I

State and Superior Court Closings and Other Announcements

As previously noted, most but not all matters, cases, and hearings before the State Municipal and Superior Courts have been postponed and will be rescheduled. If you were previously scheduled for any Court appearance, including related to a Refusal, DUI or DWI charge, you will want to reach out to an attorney immediately to see how your case has been affected.

Moreover, not all proceedings have been suspended. If you are arrested or charged during any period of Court suspension, you will want to consult an attorney to see if your case will be postponed or will proceed as scheduled.

Finally, while we at the Edward M. Janzekovich law blog strive to keep you informed during this period of lock-down, it is important to recognize that new announcements are being issued by the Court every day. Nearly all of the state level announcements are posted here: https://njcourts.gov/attorneys/notices.html

However, not all announcements will be posted at the website above, and there may be specific municipal or local directives that can affect your case. Accordingly, it will be important to consult an experienced drunk and drugged driving attorney as soon as possible if you have any questions.

New Jersey Drunk Driving Lawyer, Edward M. Janzekovich, Can Help If Your Case is Affected by Coronavirus and COVID-19 Court Closings

Until further notice, local, municipal, and state court proceedings will be affected throughout the state. An attorney will be able to answer your questions about Court proceedings and check on the status of your matter. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Covid-19, Municipal Court Tagged With: Coronavirus

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