EMJanzekovich

Whether You Are Functional or Coordinated During a Sobriety Test is Not a Defense Against a BAC Over 0.08%

August 31, 2016 by EMJanzekovich

Some people have the ability to have a few drinks and still be relatively well-coordinated – sometimes referred to as being a “functional drunk.” Such individuals may even be proud of the fact that they can be drunk and still perform regular activities. This ability may even extend to the person’s performance on a field sobriety test, if he or she is pulled over. Regardless of whether or not a person is completely successful on a field sobriety test, however, his or her performance will not be admissible to rebut a blood alcohol content (BAC) reading of over .08%. For that reason, it is important that you never drive drunk, even if you think you are okay and it won’t affect your driving at all.

Field Sobriety Test and Video Evidence

If you are pulled over for and suspected of drunk driving in New Jersey, one of the things a police officer will probably do is ask you to perform a series of movements that make up a field sobriety test – including walking in a straight line, following a flashlight with your eyes, holding out your arms and touching your nose with one finger, or counting while standing on one foot. It is also very likely that the officer will make a video recording of your performance on this test.

Because you can be on video every time that you are pulled over, it is important to remain polite and compliant, in case the video is later viewed by a judge or admitted as evidence in a trial. One of the ways the state may attempt to prove that you were driving drunk is by presenting evidence that you failed your field sobriety tests. Therefore, your performance on any field sobriety test, as well as your ability to speak to the police officer and answer questions, can help in your defense against a DUI/DWI conviction.

Field Sobriety Test Performance Does Not Rebut a BAC of 0.08% or Greater

At the same time, in the case of State v. Tischio, the Court concluded that a breathalyzer test result of 0.08% or greater, within a reasonably period of time after the operation of a vehicle or arrest, is conclusive proof of guilt. This means that a properly taken BAC of 0.08% or greater is a per se violation of New Jersey’s law against drunk driving, and this cannot be rebutted through other evidence.

Therefore, even if you perform really well on a field sobriety test – including if you manage to keep your balance when standing on one foot, walk in a straight line perfectly, and otherwise have no trouble speaking with a police officer and answering questions – you can still be convicted of a DWI/DUI. This is because the state can prove that you were operating a vehicle under the influence of alcohol two different ways – through BAC evidence and through evidence of your inability to pass a field sobriety test. Any evidence of how you performed on a field sobriety test cannot be admitted to dispute the BAC reading, which can only be challenged through other defenses that are specific to how and when the breathalyzer or BAC test was performed.

At the same time, a BAC reading is not always perfect. There may be ways to challenge breathalyzer test results and have them excluded, at which point your performance on a field sobriety test can become very important. For that reason, it is especially important to always consult an experienced DWI/DUI lawyer if you are pulled over and charged with drunk driving. An DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

Contact New Jersey Drunk Driving Attorney Edward M. Janzekovich

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced 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: Criminal Law, Drunk Driving, DWI - DUI, Field Sobriety Tests

Driving Under the Influence of Drugs, Including Cocaine, Heroin, Meth, and Other Substances in New Jersey

August 22, 2016 by EMJanzekovich

Under New Jersey law, N.J.S.A. 39:4–50(a), you cannot drive a motor vehicle if you are “under the influence… of a narcotic, hallucinogenic or habit-producing drug.” New Jersey courts have since expanded this law to include any substance that has produced a narcotic effect – and the law does not even require that the specific drug be identified. If you have used a substance that would change your normal physical coordination or mental abilities to the point that you can be considered a danger to yourself or others on the road, then you may be charged with driving under the influence of drugs, also known as DUID.

If you go to trial for a DUI/DWI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of some drug or mind altering substance. When it comes to alcohol, the standard breathalyzer test and field sobriety tests used to demonstrate that a person was driving drunk are well known. When it comes to DUID for drugs like cocaine, however, a case can be somewhat more complicated. The State may require expert testimony to establish that there were drugs in your system and that these drugs actually made you unable to safely operate your vehicle. For that reason, it is especially important to consult an experienced DWI/DUI lawyer, who will be able to identify if the State’s investigation into your charges was proper and who may be able to have your charges either dismissed or downgraded by discrediting this evidence.

How Does the State Prove Narcotic Use?

In a prosecution for driving while under the influence of drugs, the State will use observations and testimony to establish that a person was using drugs at the time he or she was arrested, as well as to show that the person was intoxicated. For instance, if a police officer suspects a driver of being under the influence of narcotics, the first thing he or she will probably do is request that the driver undergo a blood or urine test. This evidence would then be admitted at trial through admission of the person who performed the analysis or an independent reviewer. Barring exigent circumstances, New Jersey law does not require that a driver undergo a blood or urine test. The driver does have the right to refuse to participate in testing. To obtain a blood or urine sample, the police MUST either (1) gain the drivers voluntary informed consent (meaning the driver has the right to refuse) or (2) the police obtain a search warrant to force a driver to give blood or urine for testing (if a warrant is issued, you must comply).

The State will also need to present evidence that the driver showed signs of intoxication. This is because a defendant can argue that any traces of narcotics in his blood or urine were left over from some other time and did not impair his or her ability to drive. Such evidence can be observed from speaking to a driver and by asking a driver to perform a field sobriety test – things like walking in a straight line, standing on one foot, or using your eyes to follow a light. Again, the State may need to present this evidence through an expert, such as a police officer with sufficient training to identify narcotic influence. In the recent case of State v. Beyer, the New Jersey Appellate Division affirmed the DUID laws and procedures, when it held that a driver could be convicted of driving under the influence of cocaine based on the fact that the driver was found asleep at the wheel of a car with its engine running, the driver admitted to using cocaine earlier, urinalysis showed the presence of cocaine, and the driver showed signs of falling, swaying, and staggering during the field sobriety test.

Because defending against charges of driving under the influence of drugs can be very complicated, it is important to get an experienced DUI/DWI attorney in any situation where you or someone you know is charged. An experienced DWI/DUI attorney will be able to help present the best defense possible or have the charges against you dropped completely.

New Jersey DUID Attorney Edward M. Janzekovich Can help if You Are Charged with Driving Under the Influence of Drugs, Including Molly, Ecstasy, Marijuana, or Other Illegal Substances

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI 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: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drugged Driving, Drunk Driving, DWI - DUI, Uncategorized

New Jersey DWI Lawyer Discusses When You Can Get a New Trial in Your Drunk Driving Case

August 16, 2016 by EMJanzekovich

The criminal justice system in New Jersey and in the United States is used to decide when defendants are guilty or innocent of crimes that they are charged with, but guilt and innocence is not the only thing the court is concerned with. Society wins not only when the guilty are convicted but when criminal trials are fair. For that reason, if you or someone you know is found guilty of driving under the influence of alcohol of drugs, you may be entitled to a new trial if your attorney can show that the case brought against you was improper or unfair.

In Brady v. Maryland, the United States Supreme Court held that when a prosecutor withholds exculpatory evidence, which is evidence that could possibly be used to show that a defendant was not guilty or could be used to lessen a defendant’s sentence, the court may be required to take corrective measures. The New Jersey Supreme and Appellate Courts have applied Brady for the benefit of New Jersey defendants charged with DWI / DUI in numerous cases, most recently citing the rule in State v. Stein.

In Stein, the New Jersey Supreme Court actually noted that New Jersey law is even more expansive because New Jersey Court Rule 7:7-7 requires more discovery be provided to the defendant than in Brady. Under the rule, state prosecutors must release all evidence or information that is relevant to a legitimate defense. In order to establish a Brady violation in drunk driving cases, the defendant must prove the following three facts:

The prosecution failed to provide evidence to the defense in violation of Rule 7:7-7;
The evidence would have been something that is good for or benefits the defendant;
The evidence is material, meaning the defendant can show that there is a good chance the defendant could have used the evidence to change the result of the trial or of a plea agreement.

Exculpatory evidence may include more than just things that directly relate to the case, it can also include evidence that has to do with the credibility of a witness, meaning evidence that makes a witness more or less believable. A failure by the State to provide exculpatory evidence to the defense can be considered a denial of due process and entitle a defendant to a new trial.

If a defendant requests a new trial based on a Brady violation, the court does not look at just one piece of evidence to determine if that would have affected the trial. Instead, the court will look at all of the evidence that was suppressed, and the court will decide if the decision to plead guilty or the results of the trial would have been different if the defendant had the chance to present the evidence.

When it comes to drunk driving charges, a Brady violation usually has to do with evidence that may affect a defendant’s blood alcohol level or may be used to exclude the blood alcohol test results. For example, if the state fails to provide evidence that the breathalyzer machine used on the defendant was improperly maintained or was likely to produce inaccurate readings, this can result in a new trial. Similarly, suppressed video evidence may form the basis of a Brady violation.

Importantly, in New Jersey, you lose this right if you forget to ask for the evidence or fail to object when you do not receive that evidence. For instance, in Stein, the Court held that the defendant may have been entitled to the names of certain witnesses that were used against him, but he forgot to object and lost his chance to request a new trial based on the government’s failure. For that reason, it is important to get an experienced drunk driving attorney in any situation where you or someone you know is charged with DUI / DWI. An experienced DUI attorney will know what evidence to ask for from the state and will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can help if You Deserve a New Trial in a DUI or DWI Case

A DUI or DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI / DUI 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: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drunk Driving, DWI - DUI

Reasonable Suspicion is Required to Administer a Field Sobriety Test

August 3, 2016 by EMJanzekovich

If you are pulled over by a police officer in New Jersey, and the officer thinks that you have been driving under the influence of alcohol or drugs, one of the things he or she may ask that you do is perform a series of movements that make up a field sobriety test – including walking in a straight line, following a pen with your eyes, holding out your arms and touching your nose with one finger, or counting while standing on one foot. This may come before or in addition to a breathalyzer test if the officer believes you are intoxicated. If you are later charged with a DUI / DWI, your ability to perform the field sobriety test may be used as evidence in a case against you. There is no statutory penalty for refusing to perform a field sobriety test in New Jersey, but if you do refuse, a judge may consider your refusal to mean you were too drunk to do them.

Nonetheless, a police officer does not have an unlimited power to ask anyone and everyone to perform a field sobriety test. Numerous New Jersey court cases have said that a police officer may only ask you to perform a field sobriety test if he or she has a “reasonable, articulable suspicion” that you are driving drunk or under the influence of some other substance. If the State cannot prove by a preponderance of evidence that the officer had this “reasonable and articulable suspicion” at the time the field sobriety test was performed, then your attorney may make a Motion to Suppress before the court to have the evidence excluded. This means that the prosecutor will not be allowed to use this evidence against you to prove the charges of driving under the influence of alcohol or drugs, and can ultimately prevent the State from proving its case.

There is no specific definition of a “reasonable and articulable suspicion” under the law, but the standard is based on the police officer’s knowledge, experience, observations, and reasonable inferences. For example, a reasonable suspicion includes if the officer smells alcohol coming from the car or the driver’s breath, if the driver had bloodshot or watery eyes, or if the driver’s speech was slurred.

In the recent case of State v. Dunn, the New Jersey Appellate Division found that a driver’s statements regarding drinks she had had earlier in the day could create a reasonable, articulable suspicion that the driver was operating the vehicle while intoxicated, even if there were no other signs of DUI / DWI – no detectable odor of alcohol, slurred speech, or bloodshot eyes. In Dunn, the police officer did not ask the driver if she had been drinking, but she volunteered that she had had three beers earlier in the day. This was enough for the officer to ask the defendant to step out of the car, at which time he smelled the odor of alcohol.

It is important to note that a police officer must first have a legitimate reason to make a motor vehicle stop before pulling a driver over. Furthermore, if the reason the driver was pulled over was for a minor violation, like a traffic offense, the officer must have a reasonable, articulable suspicion that is unrelated to the traffic offense before the officer can administer a field sobriety test to see if the driver was operating the vehicle under the influence of drugs or alcohol.

We know from Dunn, that if the driver admits to drinking at least three beers earlier in the day, reasonable, articulable suspicion is created for an officer to administer field sobriety testing.

But what if you admitted to having only one drink or two, would that rise to the same level? As a result of the Dunn decision, I would say yes, that any admission to drinking any amount of alcohol prior to operating a motor vehicle would probably create reasonable, articulable suspicion that the operator may be intoxicated and allow the officer to conduct field sobriety tests.

In New Jersey, the ambiguous nature of the law means that it is important to obtain an experienced drunk driving attorney in any situation where you or someone you know is charged with DUI / DWI. The facts of every case are different and can influence how the case is tried. An experienced DUI attorney will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Review the Evidence Against You in a DUI / DWI Case

A DUI / DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI / DUI 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: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints

New Study Finds Tests Used by States to Determine if a Driver is Impaired by Marijuana Use Have No Scientific Basis

July 27, 2016 by EMJanzekovich

Around the country, many states are passing laws legalizing, or decriminalizing the use of marijuana for medicinal and non-medicinal purposes. In New Jersey, marijuana remains a Schedule I controlled substance, but the New Jersey Compassionate Use Medical Marijuana Act made the cultivation, sale, possession, and use of marijuana legal for specific purposes, under strict medical guidelines. Under New Jersey law, you can be charged with DUI / DWI for being under the influence of a marijuana while operating a motor vehicle. However, the statute does not specify a specific amount of the drug that must be present in someone’s body at the time they were driving, with the well-known exception of alcohol – a person with a blood alcohol concentration (BAC) of 0.08 percent is presumed to be legally impaired, which is known as a “per se standard.”

In recent months, some states have designated a per se standard for THC, the active component of marijuana. For example, Pennsylvania now has a per se standard of one nanogram of THC per milliliter of blood. To date, six states employ tests to determine if someone is driving impaired by marijuana use. Those include Colorado, Montana, Nevada, Ohio, Pennsylvania and Washington. New Jersey law currently does not yet provide for a specific threshold for THC. Importantly, however, a recent study by the nation’s largest automobile club found that the tests employed have no true scientific basis.

The study commissioned by American Automobile Association (AAA)’s safety foundation said it is not possible to set a blood-test threshold for THC, which is the chemical in marijuana that makes people high, that can reliably determine impairment. Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit and not guilty if it’s lower. As a result, the foundation said that drivers who are unsafe may be going free while others may be wrongly convicted. As a result of the study, the foundation is advocating that the per se standard laws be replaced by ones that rely on trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC, rather than a specific threshold. Officers are trained to screen for indications of impairment due to drug use, such as pupil dilation, tongue color, slurred speech, and body behavior.

Determining whether someone is impaired by marijuana, as opposed to having simply used the drug at some point, is more complex than the reliable blood alcohol tests that have been developed for alcohol impairment. There is currently no science indicating that drivers become impaired when a specific amount of THC is noted in their blood. Rather, much depends upon the individual. Drivers with relatively high levels of THC in their systems may not be impaired, especially if they are regular users, while others with relatively low levels may be unsafe behind the wheel.

In New Jersey, the ambiguous nature of the law means that it is important to obtain an experienced DUI attorney in any situation where you or someone you know is charged with driving under the influence of marijuana. There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner [as] we do alcohol,” but the reality is that the laws regarding marijuana remain flawed and an experienced DUI attorney will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey DUI Attorney Edward M. Janzekovich Can Help Drivers Charged with Driving Under the Influence of Marijuana

A DUI or DWI charge for operating a motor vehicle under the influence of marijuana is a new and complex of area of the law. Such a charge can have severe penalties and it is important to understand those penalties and how to best defend against them. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, knowing what your rights are 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: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, DWI - DUI

Penalties for a Drunk Driver Involved in a Hit-and-Run Accident

July 21, 2016 by EMJanzekovich

Driving a motor vehicle that is involved in a collision and then fleeing the scene, otherwise known as a “hit-and-run” accident, is an extremely serious matter in the state of New Jersey. The penalties for being involved in a hit-and-run become even more serious in cases where the driver was under the influence of drugs and/or alcohol. If you or someone you know is involved in this situation, it is important to contact an experienced defense attorney that can help you defend against these serious charges.

People flee the scene of an accident for many reasons. Sometimes it is because they are scared and panic, or because they did not have their license or insurance information. Sometimes it may be because they have a warrant out for their arrest, are concerned because they are under the influence of drugs or alcohol, or may have illegal substances inside their vehicle. No matter the reason, fleeing the scene is never justified. In New Jersey, you are required to stop after an accident.

Whether someone was hurt or not, you must stop and wait for officials to come and make a report of the accident. If someone is hurt, you should help by calling 911 and waiting for assistance from an ambulance or emergency response team. The law requires you provide what is called “reasonable assistance.”

If you fail to do so and leave the scene, you can be criminally charged for the hit-and-run. The charges you can face and potential penalties under the law depend on the circumstances of the accident. The more serious the accident, the more serious your charges will be. Under the guidelines provided for in New Jersey Statutes Annotated 39:4-129, someone convicted of hit-and-run can face the following potential penalties:

If the accident resulted in injury or death to another person:

a fine between $2,500 and $5,000;

up to 180 days in jail;

the revocation of a driver’s license for up to one year, if it is the driver’s first hit-and-run offense.

If the accident caused only vehicle damage, you could face:

up to 30 days in jail;
six-month driver’s license suspension;
fines reaching up to $400.

It is important to note that this law applies even if the vehicle was unattended or unoccupied. These charges would come in addition to any other charges that might apply, such as driving under the influence of alcohol or drugs, or for speeding or reckless drive.

Additionally, if you are a subsequent offender, you will be more likely to lose your driver’s license permanently. Finally, besides facing criminal charges and penalties, a hit-and-run conviction can also increase your insurance rates or potentially cause you to lose your car insurance altogether. All of this, in addition to other penalties you can face for driving while intoxicated, can be overwhelming. There are defenses to these charges. Regardless of the circumstances of your case, you should consider getting an experienced drunk driving attorney to help you understand your rights and present the best defense possible.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Drivers Facing DUI and Hit-and-Run Charges

A New Jersey DUI / DWI charge, especially one involving a hit and run incident, can have severe penalties and it is important to understand those penalties and how to best defend against them. If you are charged with drunk driving or driving under the influence in New Jersey, knowing what your rights are 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: DWI - DUI, Hit & Run, Uncategorized

Courts Find Citizens Can’t Be Charged with Operating a Motor Vehicle During License Suspension for Simply Not Administratively Reinstating Their License

July 11, 2016 by EMJanzekovich

If you are a New Jersey resident facing a charge for driving a motor vehicle during license suspension because of a previous DUI / DWI conviction or convictions, the court recently made some important decisions that could affect your case.

On June 6, 2016, in State v. Torres, the Superior Court Appellate Division vacated a judgment of conviction against a defendant for a third degree offense of operating a motor vehicle during a period of license suspension which he received after a multiple driving while intoxicated (DWI) offenses. The individual had been found guilty of DWI before in 2004 and 2006. After the 2006 conviction, his license was suspended for two years. In 2011, after his two-year license suspension ended but before it was officially reinstated by the state, he was stopped by a police officer who did a random check of the license plate and found that it was not registered to the right vehicle. During the traffic stop, the driver explained to the police officer that his license was suspended and that he owned the vehicle, but that the license plates were from a relative’s vehicle. The police officer then confirmed that the driver’s license was suspended and issued him a citation for a motor vehicle violation. After the vehicle stop, the police officer reviewed the driver’s motor vehicle history and then issued a complaint charging the driver with violating N.J.S.A. 2C:40-26(b), which restricts any person from operating a motor vehicle with a suspended license that was received as a result of a DWI / DUI conviction. At trial, the driver was found guilty and sentenced to a minimum of 180 days in county jail and 2 years of probation.

With the help of an attorney, the driver appealed the conviction and argued that he should not have been found guilty because the 2-year period for his license suspension was already finished on the date that he was pulled over, and he only failed to take the administrative steps to get his license reinstated. The Appellate Division agreed.

The court found that the law was “silent as to those driving without reinstatement beyond the court-imposed term of suspension,” and concluded a person cannot be guilty under the law against driving with a suspended license unless he or she is actually driving during the court imposed license suspension period. Therefore, the conviction against the driver in State v. Torres was overturned. In making its decision, the Appellate Division referred to State v. Perry, another case in which a citizen was wrongfully charged with an offense after forgetting to administratively reinstate his license.

If you have previously been convicted of driving while under the influence of drugs or alcohol and have had your license suspended, it is important that you do not drive with a suspended license. The penalties for driving during a suspension period are very serious. Nonetheless, if you are pulled over for driving with a suspended license as the result of a past drunk driving conviction, an experienced DUI / DWI lawyer will be able to help you understand your rights and help you present the best defense in your case. Depending on your specific circumstances, an experienced drunk driving attorney may be able to have the charges against you dropped completely.

New Jersey DWI Lawyer Edward M. Janzekovich is Ready to Defend Drivers Facing DUI / DWI Offenses

If you or someone you know is being charged with a DUI / DWI or for driving with a suspended license, an experienced drunk driving lawyer can help you defend your case. 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: DWI - DUI, License Suspension

How A DUI/DWI Conviction Can Affect Your Car Insurance In New Jersey

June 20, 2016 by EMJanzekovich

When you find yourself facing a drunk driving charge in New Jersey, you may be thinking of all the possible ramifications of having such a conviction on your record – things like what kind of sentence are you facing or whether you are facing fines, probation, license suspension, or even jail time? Perhaps you are worried about how it will affect your present job, or ability to find gainful employment? Furthermore, you may be concerned about missing work for court appearances, or how much court fees may wind up totaling. However, one thing many people don’t think about until later on is how a New Jersey DWI conviction can also affect your car insurance.

How Will My Car Insurance Rate Be Affected?

After a DUI conviction, a New Jersey resident can unfortunately expect their monthly insurance bill to increase significantly. That is because you are now considered a “high-risk driver.” This can regrettably affect an individual for many years. DUI/DWI convictions in New Jersey will stay on your record forever, and affect your insurance for at least three years and with some insurance companies for much, much longer. This can also make you ineligible for “safe driver” discounts that insurance companies advertise, if you have a conviction on your criminal record for driving under the influence of drugs or alcohol. Estimates show that insurance rates can increase anywhere between 30 to 200 percent, depending on the circumstances and your automobile insurer carrier’s policies. In other words, if you had a $100 per month rate, it could be raised anywhere from $130 to $300. The exact increase would depend on your driving history, other moving violations, lapses in coverage, length of stay with the insurance company, and the details surrounding the DUI incident.

Can My Insurance Be Cancelled?

Moreover, some car insurance companies may terminate service with you altogether after learning of a DUI/DWI conviction, and these companies have the right to do so. Companies can simply cancel your policy or choose not to renew it, despite your possible desire to remain with the company. As you can imagine, when this unfortunately occurs, finding an understanding car insurance company can be extremely difficult. Even if you are able to find a car insurance carrier willing to work with you after having a DWI conviction, you can expect to pay fees far higher than what you may have previously been used to.

Filing an SR22 / FR44 Insurance Form to Reinstate Your License After a DUI/DWI Conviction
Following a conviction for a New Jersey DUI, you may also be required to file an SR22 / FR44 insurance form when you seek to reinstate your license after a period of suspension. This is a form that proves that the driver has met the State’s minimum liability insurance coverage, as well as the State’s minimum financial responsibility requirements. This provides a guarantee to the State of New Jersey that an insurance company has issued you the minimum amount of insurance coverage required in order to drive a vehicle in New Jersey, despite being a “high-risk driver.” In other words, you will be producing proof that you have a car insurance policy following your conviction. The SR22/FR44 can be required for a number of years and can become quite expensive and tedious to deal with.

For all these reason, it is important to speak with an experienced DUI/DWI lawyer if you are ever charged with driving under the influence of drugs or alcohol. An experienced attorney may be able to defend against these serious charges and help you avoid the costly consequences of a DUI conviction in New Jersey.

New Jersey DWI/ DUI Lawyer Edward M. Janzekovich Can Help You Understand How a DWI/DUI Conviction Can Affect Your Rights

Navigating the possible consequences of a DUI conviction, including how your car insurance may be affected, can be complicated and DUI attorney Edward M. Janzekovich can help. If you are charged with drunk driving or driving under the influence in New Jersey, it is important 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: DWI - DUI

Consequences of a First or Second DUI for Commercial Drivers

June 13, 2016 by EMJanzekovich

If you or someone you know is a commercial driver in New Jersey, the potential consequences of facing a first or second drunk driving charge cannot be understated. When driving is your livelihood, and possibly the sole source of income for you and your family, the penalties for drunk driving even one time can be devastating. Many commercial drivers don’t realize that they may be facing additional penalties for even their first offense. If you are charged with DUI, what are you actually facing?

First Offense

Anyone facing a DUI charge in New Jersey is justifiably concerned about the possible effects of a conviction. But for commercial drivers in our state specifically, the consequences are enhanced. A commercial driver in New Jersey who is found guilty of operating a commercial vehicle while under the influence is subject to many consequences. Those include notification to the Commercial Driver License Information System, suspension of his/her commercial driver license for between 1 to 3 years, as well as fines and possible jail time. There is no set fine for a first violation, however under N.J.S.A. 39:3-86, the court may impose a fine of anywhere between $25 to $500. Additionally, a $33 court fee may be imposed, as well as a $6 surcharge and $50 assessment to the Victims of Crime Compensation Board. Finally, although the laws do not specifically state a jail term for a first offense, it is possible for the court to impose a sentence of up to 30 days in jail if the offense involves a commercial vehicle

Additionally, even if this is your first offense, but you have previously been convicted of certain other crimes, you can be subject to a mandatory lifetime suspension of your commercial driving privileges. If you are a full-time driver in shipping, transport, or other industries, this means you could become deprived of your sole source income and be denied employment in your field of choice.

Previous convictions for the following crimes would subject you to the lifetime suspension:

Operating a commercial vehicle while on the revoked list
Leaving the scene of a motor vehicle accident as an operator driving a commercial vehicle
Using a commercial vehicle in the commission of a crime
Refusal to submit to a breath test

Also, it does not matter when these previous convictions happened. A court may consider it even if it was 5, 10, 30 years ago. Therefore, if you ever find yourself facing a DUI charge while operating a commercial vehicle, you should consider retaining an attorney and carefully review your past and advise your attorney of any previous criminal history you may have. It is also important to note that if you happen to be transporting any hazardous material or even just are driving a vehicle that simply displays a hazardous material placard, your commercial driver license must be suspended for three years under New Jersey state law.

Second Offense – mandatory lifetime loss of CDL

If you have previously been convicted of a DUI while operating a commercial vehicle, you know the serious consequences that you can face. Although the monetary penalties are the same for second-time offenders who are found guilty of operating a commercial vehicle while under the influence, there are a few key differences when it comes to facing a second offense. First, second offender operating a commercial vehicle are subject to a jail term of between 2 to 90 days. Second, you will lose your commercial driving privileges for life. Third, step-down provisions that New Jersey provides for some subsequent DUI offenders DOES NOT APPLY to suspensions of commercial driving privileges. Notably, however, New Jersey law does allow for a possible reduction of a lifetime suspension of your commercial driver’s license to 10 years. This power lies with the Chief Administrator of the Motor Vehicle Commission and they have certain guidelines regarding when a reduction is appropriate. Therefore, it is important to discuss all of these possibilities with an experienced DUI attorney, because every situation and case is different.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help Commercial Drivers Facing DUI Charges

Defending against a DWI charge, especially one involving a commercial driver, can involve many potential penalties. If you are charged with drunk driving or driving under the influence in New Jersey, knowing what your rights are 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: Drunk Driving, DWI - DUI, Nre Jersey Drunk Driving Penalties

Defendants Facing DWI Charges Are Not Entitled to Trial by Jury

June 6, 2016 by EMJanzekovich

If you are charged with a crime, do you always have the right to a trial by jury? When it comes to drunk driving cases in New Jersey, the answer is “no.” On May 12, 2016, the New Jersey Supreme Court found in State v. Denelsbeck that defendants facing their third or subsequent drunk driving conviction are not entitled to a jury trial, and are subject to a mandatory six months in jail.

The reason is because New Jersey does not consider DWI a “crime.” Instead, the law treats it as a traffic violation, meaning that the punishments are not serious enough. Courts in New Jersey have long found that defendants are not entitled to a trial by jury on “petty” offenses but are only entitled to them when consequences are more severe.

How “Serious” are the Consequences?

In reaching its decision, the New Jersey Supreme Court found that the punishments for repeat DWI offenders are not “sufficiently serious” to trigger the constitutional right to a jury trial. However, the Court admitted that the law does require a lot of fines, fees, and penalties, including mandatory jail time, for repeat DUI offenders, and the amount of punishment has increased over time.

Specifically, under the current laws, if you have already been convicted of two prior DWI’s and you are charged with drunk driving again, you face up to 180 days of jail time, thousands of dollars in fines, forced enrollment in an alcohol inpatient rehabilitation program, and a ten-year loss of your driver’s license.

If convicted, you would also be required to install an ignition interlock device on your vehicle during the period of suspension and AFTER you get your license back. After your driving privileges are returned, the device must remain on the vehicle for six months to one year on a first offense or one to three years on a subsequent offence. An ignition interlock device works with your vehicle’s ignition system, requiring you to provide a breath sample before your car will start. If alcohol is detected, your vehicle will not start until a passing sample has been provided. If you are convicted for drunk driving even once, you could be required to install an ignition interlock on your vehicle at your own expense – and costs for an ignition interlock device are estimated at $90-150 to install and about $70-90 per month for monitoring and calibration./p>

However, the Supreme Court Warns Punishment Cannot Be Any Harsher

In deciding Denelsbeck, the Supreme Court warned that if any additional DUI penalties are added by the state legislature, the Supreme Court would change its mind and decide that defendants charged with driving under the influence of drugs or alcohol would have the right to have their cases heard by a jury of their peers. The Court said our New Jersey lawmakers have “reached the outer limit in subjecting third and subsequent DWI offenders to confinement without a jury trial.” They noted that facing a mandatory term of six months’ confinement for a third or subsequent drunk driving conviction is the constitutional maximum – meaning 180 days of jail time is the maximum punishment allowed before a defendant has the legal right to a jury trial. The Court specifically stated that the offense is currently teetering between being a petty offense and a serious crime because of this punishment.

Jury Trials, and the Alternative – Bench Trials

The Denelsbeck case was decided 5-1. Justice Barry Albin disagreed with the rest of the Supreme Court and wrote in his dissent that New Jersey is “far out of the mainstream” as to its position on Trial by Jury in DUI cases. He pointed out that 40 states give DWI defendants a jury trial on their first offense. The New Jersey State Bar Association and the New Jersey chapter of the American Civil Liberties Union helped to argue that New Jersey should join the other 40 states in trying DWI cases in front of juries, while County prosecutors and the state Attorney General’s Office argued that universal jury trials for DUI offenders would overburden the court system.

In the meantime, because jury trials are not a right, if you are charged with drunk driving, you may be required to present your case in what is called a bench trial. In a bench trial, your entire case is heard and decided by a judge without the help of a jury. Having an attorney to represent you in a bench trial is especially important, because the judge will get to decide both issues of law and evidence as well as make the ultimate decision in the case regarding whether you are guilty or innocent.

New Jersey DWI/ DUI Lawyer Edward M. Janzekovich Will Fight for Your Rights if You Are Charged

Defending against a DUI charge is complicated. If you are charged with drunk driving or driving under the influence in New Jersey, knowing what your rights are 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.