DWI – DUI – Page 4

Proposed Ignition Interlock Law Approved by Senate Judiciary Committee

October 2, 2018 by Edward Janzekovich

A bill previously addressed here on the Edward M. Janzekovich law blog was approved by the New

Jersey Senate Judiciary Committee this past week. The proposed legislation, introduced by State Senator Nicholas Scutari, could result in increased penalties for many drivers convicted in the state – including for first time offenders of driving while intoxicated. Specifically, the bill hopes to make it mandatory for anyone who is convicted of DUI/DWI to install an ignition interlock device on his or her vehicle.

Now that the bill has been endorsed by the New Jersey Senate Judiciary Committee, the bill can be considered by the New Jersey Senate and then the State Assembly. The proposal has also been supported by the Advocates for highway and Auto Safety in a letter addressed to Senator Scutari and Vice Chairperson of the Committee, Nia H. Gill.

Ignition Interlock Devices: What Are They and How Do They Work

An ignition interlock device is a breathalyzer machine that is installed in a vehicle to sense a driver’s blood alcohol content (BAC). It is designed to prevent contact us online todaydrinking and driving. It is made up of a mouthpiece, a handheld unit and a cord that attaches to the car’s ignition system. A driver must blow into the mouthpiece to provide a breath sample. If the sample is higher than the programmed limit, typically .05% BAC in New Jersey, then the vehicle will not start.
Once the vehicle is moving, the driver must provide new breath samples – “rolling retests” – every 15 minutes to one hour. If the driver fails a test or retests are not performed on time, the equipment will record a violation. The device also can register and keep track of any attempt to tamper with it.

How This New Bill Can Change the Law

If you are convicted of DUI or DWI in New Jersey, you may be required to install an ignition interlock device on your vehicle. Under current law, someone convicted of DWI for the first time can have their license suspended for either 3 months (if his or her blood alcohol content is between .08% and .099%) or 7 to 12 months (if his or her blood alcohol content is .10% or greater). If a first-time offender is convicted with a blood alcohol content of .15% or greater, he or she must also have an ignition interlock device installed on his or her vehicle during the period of license suspension until between 6 months to 1 year after driving privileges are restored.

Under the proposed laws, any driver would need to have an ignition interlock device installed on the vehicle, regardless of his or her BAC at the time of the first conviction. It is possible that the bill will also lessen the period of license suspension for those individuals, based on the belief that the Ignition Interlock Device requirement could save more lives than suspending driving privileges.

Why Advocates are Supporting the Bill

Senator Scutari stated that he doesn’t believe license suspensions are doing enough to prevent drunk driving accidents and repeat offenses by drivers who have been previously convicted. According to one statistic, the average person arrested for intoxicated has driven drunk on 80 occasions. Another statistic estimates that 50-75% of convicted drivers continue to drive on a suspended license.

An Ignition Interlock Device acts as a mechanical obstacle to driving for the persons. This means that a convicted driver has very little choice except to drive sober, as long as the driver is operating his or her own vehicle.

As always, it is important to recognize that this may not pass into law, or it may pass but then be vetoed. A similar law was vetoed by previous Governor Chris Christie in the past. If the bill is passed, it could prove to be a very costly change for first time offenders, because Ignition Interlock Devices are not cheap to install or maintain.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help DUI and DWI Defendants

Any person charged with driving under the influence of alcohol or drugs should always contact an experienced drunk driving attorney as soon as possible. A knowledgeable lawyer will be able to review the case, provide advice, and possibly provide a complete defense. If you or someone you know is charged with drunk driving in New Jersey, an 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 throughout the state of New Jersey.

Filed Under: Breathalyzer Tests, DWI - DUI

ICE and Enforcement and Removal for Drunk Drivers

September 5, 2018 by Edward Janzekovich

Earlier this summer, 37 individuals were arrested by United States Immigration and Customs Enforcement (ICE) officials in New Jersey after the Enforcement and Removal Operations (ERO) Newark Field Office targeted individuals recently incarcerated for crimes in the state including Drunk Driving.

This news echoes predictions previously made on the Edward M. Janzekovich law blog. As noted, the punishment for DUI or DWI conviction is already extremely serious, but those consequences can be even more far-reaching for those who are not US citizens. In light of recent events, it is important to realize that drunk driving could result in additional consequences for certain non-citizens, because convictions can help Immigrations and Customs Enforcement (ICE) officials locate wanted persons and start a deportation proceeding.

In every case where you or someone you know is charged with driving under the influence of alcohol or drugs, it is important to contact a lawyer. In special cases where you believe a conviction might result in your deportation or the deportation of someone you know, it becomes absolutely essential to contact a skilled New Jersey DUI/DWI attorney as soon as possible, in order to present the best possible defense before it is too late.

ICE ERO Arrests Following Middlesex County Incarceration

This summer, ICE officials concluded an operation targeting criminals who were previously housed at the Middlesex County Jail. Those persons were jailed for a variety of crimes, including pursuant to New Jersey’s DUI and DWI statutes. After being released from jail, 37 persons were then arrested by ICE and ERO agents. Some of the individuals arrested had no prior or pending criminal convictions or charges, and this was their first time in jail.

The individuals arrested as part of the operation were nationals of Brazil, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Ivory Coast, Mexico, Nigeria, Peru, and Turkey, and they ranged from 21 to 68 years old.

The acting ERO Newark Field Office Director stated afterwards that his office is committed to enforcing ICE’s directives and goals. Other statements noted that official efforts would take place regardless of whether an individual city considered itself a sanctuary city or planned to cooperate with the ICE directives to detain and advise ICE of the release of certain illegal persons.

How a DUI Arrest Can Affect Non-Citizens and Even Lead to Deportation

A conviction for drunk driving is a quasi-criminal offense. The consequences, including fines, loss of driving privileges, and jail time, are considered as part of the law the prohibits any person from operating a motor vehicle while intoxicated. If you are charged with DUI or DWI, you will likely need to go to Court, at which time the Court will discuss the potential penalties with you that are expressly stated in the law.

As noted above, there are additional consequences that could result that are not specifically discussed by the drunk driving statute. New Jersey Municipal Court judges will generally advise individuals who are non-US citizens of the potential immigration consequences associated with a finding of guilty. However, judges only have to put a person on notice that such consequences might result, and the Court does not provide detailed legal advice on the issue. For that reason, 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.

Otherwise, if you are a non-citizen and plead guilty to drunk driving, you may not realize that you might prevent yourself from becoming a citizen in the future or it could lead to your deportation.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Understands the Serious Consequences of Driving While Intoxicated

If you are guilty of DWI/DUI, it can mean serious penalties – jail time, heavy fines, and loss of license at a minimum. Certain drivers face additional consequences – based on their work or 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, ICE and Enforcement and Removal for Drunk Drivers

How A DUI or DWI Conviction Can Affect Your Public Employment

August 24, 2018 by Edward Janzekovich

Here, on the Edward M. Janzekovich law blog, we regularly highlight the penalties for driving while intoxicated that are written into New Jersey law. However, many drivers who are convicted of a DUI or DWI will face additional consequences, including having a conviction affect their work or employment.

If you work in a position of public employment, there is a particularly good chance that a conviction for driving under the influence of drugs or alcohol could result in adverse consequences, from suspension, to loss of pay, to demotion, or even outright termination. For this reason, if you or someone you know is ever arrested, charged, or convicted of driving while intoxicated, you should contact a lawyer who specializes in DUI defense immediately. A good attorney could mean the difference between being convicted or having the charges dropped completely.

Public Employees that Could Be Affected

Many positions of public employment include policies that address drunk driving – either specifically or by more general terms. These policies may be referred to as a Code of Conduct or Code of Ethics. If the language of the policy does not address drunk driving explicitly, drunk driving may still be considered under language prohibiting “conduct unbecoming” of a person in that office or position.

Police officers, firefighters, prosecutors, public attorneys, elected officials, and public administrators are just some of the positions that can be affected by an official Code of Conduct that addresses DUI and DWI convictions.

How a Conviction Could Affect Your Employment

Every position and every code of conduct can address issues with DUI and DWI convictions differently, and different positions at the same office of public agency can be affected differently. Some codes may only address drunk driving while in the course of employment, while others will prohibit intoxicated driving even for employees in their personal or private life.
For example, last month, a high-ranking official in the New York City Fire Department was arrested for driving under the influence of alcohol in New Jersey. After he was spotted swerving on the road by police officers, he was pulled over and required to submit to a blood alcohol or breathalyzer test. According to reports, his blood alcohol content (BAC) was .22%, which is nearly three times the legal limit of .08%. He was not in the course of his employment at the time and was operating his personal vehicle.

As a result of this conviction, the official was suspended without pay from his job for 30 days. The official also faces penalties under New Jersey law for driving while intoxicated – which can include loss of driving privileges, significant fines, mandatory installation of an interlock device, and possible jail time.

For many public employees, a DUI or DWI conviction may also affect them in the future, becoming an issue that could cost the employee a promotion, raise, or eligibility for advancement.

New Jersey Drunk Driving Lawyer Edward M. Janzekovich Understands How a Conviction Can Affect Your Job

The penalties for drunk driving are severe. In addition to fines, jail time, and loss of driving privileges, a conviction can also mean professional consequences for many drivers. If you or someone you know is charged with DUI or DWI, an experienced lawyer can also make sure you get the best result possible. A good attorney 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

Route 70 and Jersey Shore Crackdown

August 9, 2018 by Edward Janzekovich

New Jersey is known for many things – not the least of which is the amount of cars and traffic on our roads. Whether you live in the state or are passing through, you are likely familiar with the congestion that can be found on any of the Garden State’s many highways at any given point in time. Countless drivers use New Jersey roads every day, for work or pleasure, and, in the summer, many of those drivers can be found in Monmouth and Ocean counties on the way to the Jersey Shore.

In a recent announcement, townships throughout New Jersey have decided to join together and crack down on dangerous driving along state highways – particularly in Monmouth and Ocean counties – in response to reports that show an increase in crashes and motor vehicle fatalities in recent years. The initiative, which has been referred to as a Traffic Safety/Enforcement Initiative, has been championed by Ocean County Prosecutor Joseph D. Coronato, but will involve at least seven (7) municipal jurisdictions along Highway Route 70 in Ocean and Monmouth County, including:

Brielle Borough (Monmouth County)
Brick Township (Ocean County)
Lakewood Township (Ocean County)
Toms River Township (Ocean County)
Manchester Township (Ocean County)
Lakehurst Borough (Ocean County)
Wall Township (Monmouth County)

New Jersey State Highway Route 70

Route 70 is a nearly 60-mile long highway extending from Pennsauken Township in Camden County to Wall Township in Monmouth County. At its widest, it is a six-lane roadway, but is only two lanes wide at many areas. According to official statistics, there were 548 motor vehicle crashes on Rt. 70 in 2016. Of the crashes that occurred within Ocean County, 4-out-of-41 or 10% were fatal. In 2017, the percentage of fatalities rose to 19%.

The Traffic Safety / Enforcement Initiative

The official safety action will be conducted in three phases: engineering, education and enforcement. The plan is being supported by the Police Departments of all the previously mentioned towns and boroughs, as well as by New Jersey State Police Tactical Patrol Units and the DUI Enforcement Patrol Unit.

Officers have been instructed to specifically be on the look-out for signs of drunk driving or driving while under the influence. There also will be an automated license plate reader in use to identify those driving illegally on a suspended or restricted license. Any kind of suspicious or illegal activity on the roads could lead to a driver being pulled over, including:

Aggressive Driving
Improper Turning
Failure to Yield
Failure to Keep Right
Improper Passing
Inattentive Driving
Disregarding Traffic Signals
Speeding
Following Too Close

Police officers will also be looking for commercial vehicle violations such as overweight, equipment maintenance and brake pressure.

If a police officer pulls a driver over for a legitimate reason, such as one of the motor vehicle violations listed above, the driver might be arrested and charged with DUI or DWI if there is enough evidence for the officer to reasonably suspect that the driver has been operating the vehicle while impaired.

Similar enforcement partnerships have also been put in place on Routes 539, 528, 35 and 37.

New Jersey Drunk Driving Lawyer Edward M. Janzekovich Is Here To Help Defendants Charged with DUI Violations

Whether you live in New Jersey or are driving through the state, if you or someone you know is charged for driving under the influence of alcohol or drugs on a New Jersey roadway or highway, you want an experienced NJ DUI/DWI attorney who can help. 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 throughout the state of New Jersey.

Filed Under: Dangerous Driving, DWI - DUI

New Case on License Suspension – Certain Offenses Considered Fourth Degree Crime

July 17, 2018 by Edward Janzekovich

As every driver should know, it is illegal to drive drunk in New Jersey. The specific law that prohibits driving while intoxicated is N.J.S.A. 39:4-50. In New Jersey, you are also required to submit to a breathalyzer test if you are pulled over and the police officer has a reasonable suspicion to believe that you have been driving drunk. Violating the breathalyzer requirement law is known as Refusal to Take a Breath Test – or just refusal – and it is detailed in N.J.S.A. 39:4-50.2.

If you are convicted under either of these laws, you can be sentenced to several penalties including severe fines, jail time, and loss of driving privileges. When your license is revoked, you are completely prohibited from driving: you cannot drive to work, you cannot drive to school, you cannot drive to the store, you cannot even drive to get medical treatment or attend doctor’s appointments — New Jersey does not allow for any temporary, provisional or “work” licenses.

Under the recent case of State v. Dougherty, which was passed by the Superior Court of New Jersey Appellate Division earlier this month, the Court made it clear that a driver commits a crime of the 4th degree if he or she operates a motor vehicle during a period of license suspension for a second or subsequent violation of the previously mentioned laws. Until this case, it was not clear whether both former violations had to be of the same law – both DWIs or both refusals – or whether they could be different. Dougherty confirms that both former violations do not need to be the same, which could mean even greater penalties for anyone found driving with a suspended license.

State v. Dougherty

In Dougherty, the defendant was arrested and charged with driving with a suspended license. At the time he was pulled over, he had one prior conviction for DUI and one prior conviction for refusal, and his license was still suspended as a result of the refusal.

Based on this, he was convicted of driving with a restricted license under N.J.S.A. 2C:40-26(b), “Operating motor vehicle during period of license suspension,” which makes it a crime of the fourth degree to operate a motor vehicle with a suspended license when the suspension was the result of a second or subsequent conviction for driving while intoxicated or refusal. This is important, because driving with a restricted license based on a first offense is not considered as serious a crime (but will still result in jail time). Since this was the defendant’s second period of license suspension, the law stated that the court was required to impose a mandatory sentence of 180 days and the defendant would not be eligible for parole. This sentence is required and cannot be lessened or bargained against.

A fourth-degree crime is also considered a serious crime under the law – as compared to a traffic offense, misdemeanor, or disorderly persons crime – and will be listed on a person’s permanent record as a violation of a major crime. This could more seriously affect the driver’s future ability to gain employment or apply for certain positions based on the person’s criminal history.

Taken all together, driving on a restricted license as the result of a second DWI/DUI conviction and/or a second refusal conviction could elevate the violation from a quasi-criminal proceeding to a full 4th degree criminal proceeding, including indictment, heightened penalties, and increased jail time. For that reason, if you or anyone you know has been arrested for, charged with, or convicted of drunk driving or refusal, it is important to contact a knowledgeable attorney as soon as possible. A good lawyer will be able to review your case as well as your history and present any applicable defense on your behalf including appealing past convictions.

New Jersey Refusal Attorney Edward M. Janzekovich Is Prepared to Defend Against the Serious Charges You’re Facing

A conviction for refusal or drunk driving can mean serious penalties – jail time, heavy fines, and loss of license at a minimum. Driving with a suspended license can mean even more consequences. If you or someone you know is charged with driving under the influence or refusal, it is important to have a lawyer who knows 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: Breathalyzer Tests, DWI - DUI, License Suspension

A DUI or DWI Could Affect Your Custody or Family Court Proceedings

July 11, 2018 by Edward Janzekovich

If you or someone you know is arrested, charged, or convicted of a DUI/DWI offense, the penalties under the intoxicated operation laws are already severe: heavy fines, loss of driving privileges, and even potential jail time. For many people, loss of driving privileges could mean losing the ability to work or care for family members or loved ones.

For some people, however, a potential conviction for driving under the influence of alcohol or drugs could result in even more significant losses – including losing custody rights or rights in a family court agreement. If you or someone you know has been charged with intoxicated driving and is engaged in divorce or family court proceedings, either now or in the future, it is important to find an experienced DWI attorney as soon as possible. A good defense with the help of an experienced lawyer could mean the difference between keeping custody or losing the ability to see your family or loved ones.

N.J. Div. of Child Protection and Permanency v. T.S.

A recent decision in the case of N.J. Div. of Child Protection and Permanency v. T.S. highlights how a conviction for driving while intoxicated could have a legal effect on seemingly unrelated matters. In the case, a panel of judges for the Superior Court of New Jersey, Appellate Division, considered a situation in which a woman was arrested for drunk driving and was found to have a blood alcohol content of .19% – more than double the legal limit of .08%. At the time, she also had two minors in the car, her niece and her daughter. She also had another niece and daughter at home who were not in the vehicle.

The Appellate Division decided that the facts presented in the drunk driving matter could be used to support an emergency Dodd removal – meaning the driver immediately lost custody of the children as a result of the arrest. Moreover, the driver lost custody of the other children in her care, even though they were not in the vehicle at the time. All the children were placed temporarily with other caretakers pending the results of the drunk driving proceedings and any substance abuse counseling and treatment she had to attend afterwards. The woman never regained custody of her nieces.

Although no one was injured as a result of the driver’s actions, the woman was also charged with abuse or neglect in violation of N.J.S.A. 9:6-8.21(c)(4)(b) as to her daughter. The Court upheld the charge and noted that the focus in an abuse-or-neglect fact-finding must be on the potential for harm or risk of harm to children at the time, regardless of how sorry or cooperative she was after the fact. Based on the Court’s opinion, it is possible that anyone convicted of a DUI or DWI with a child in the car could also be found guilty of abuse or neglect.

How Else Can a DUI/DWI Impact a Family Court or Custody Proceeding?

In addition to losing temporary or permanent custody of a child and receiving additional child endangerment charges as the result of a drunk driving arrest, it is possible that the facts alleged in a DUI or DWI proceeding could be used against you in Family Court proceedings. If you are convicted of drunk driving, a Family Court judge may believe that you are unfit to have custody or visitation rights with your children. Similarly, if you lost your driving privileges as the result of a conviction, you may not have any way to see your children or care for them, even if the Court determines that you have visitation rights.

Taken all together, it is clear that what happens in quasi-criminal DUI or DWI proceedings could result in unexpected penalties for the driver, especially as it relates to his or her family. For that reason, it is important to present the best defense in any drunk driving case and consult a lawyer as soon as you can.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Understands that a Drunk Driving Conviction Has Far-reaching Effects

A conviction on DWI/DUI charges can mean serious penalties – jail time, heavy fines, and loss of license at a minimum. Many drivers can face additional consequences – including issues that can result in custody or child visitation rights. If you or someone you know is charged with driving under the influence, it is important to have a lawyer who knows 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: Child Custody, DWI - DUI, Family Court

Standard Field Sobriety Test, the Walk and Turn

June 5, 2018 by Edward Janzekovich

Police officers in New Jersey and in other states across the country use many tests to see if a person has been driving intoxicated. You may be familiar with some of the tests, either through personal experience or having seen them on tv, such as having a driver close his or her eyes and touch his or her nose with one finger, or reciting the alphabet backwards. While parts of these tests may help influence a police officer into believing whether a person has been driving drunk, there are only three official tests that are part of the Standardized Field Sobriety Tests (SFST), developed and approved of by the National Highway Traffic Safety Administration (NHTSA), and admissible in court:

The Horizontal Gaze Nystagmus Test
The Walk and Turn
The One-Leg Stand

The officers who administer these tests are trained to look for certain clues in a driver. Similar to the Horizontal Gaze Nystagmus Test, which we previously discussed here at the Edward M. Janzekovich Law Blog, there are specific things that an officer considers signs of intoxication when it comes to the Walk and Turn test. At the same time, many of the clues are considered subjective. For that reason, it is important that you retain an experienced attorney if you are ever arrested for a DUI. A knowledgeable DUI/DWI attorney will be able to review the records and possibly identify weaknesses in the intoxication evidence to defend against it at trial or maybe even have it thrown out completely.

The Walk and Turn Test

In the walk and turn test, a driver is told to place his left foot on a line – possibly a line painted in the road or drawn by the officer – and then place his right foot in front of the left foot, touching heel to toe, one foot after another for a given number of steps. The driver must place his or her arms at his or her sides – meaning the driver cannot extend his or her arms for balance. The driver is then expected to remain in this “Instructional Position” while the police officer explains the test instructions. The driver cannot start the test until police officer states, “Begin.”

The standardized instructions are:

“When told to begin, you will walk nine heel to toe steps, turn, and take nine heel to toe steps back”;
“During the turn, keep your front foot on the line, and execute the turn by taking a series of small steps with your other foot”;
“While walking, keep your arms at your sides, watch your feet at all times and count out loud each step”;
“Do not stop until you have finished the test.”

The officer will then ask if the driver has any questions before telling the driver to begin.

What Police Officers Are Looking for When Performing the Test

When a police officer gives the test, he or she is actually watching the driver for signs of intoxication long before the officer says, “begin.” This means that the real test begins with the officer’s observations long before the driver takes his or her first step.

The officer is specifically looking to see if the driver:

Keeps his or her balance at all times;
Remains in the “Instruction Position” while listening to the instructions, and does not begin until instructed;
Does not stop in the middle of the test;
Touches heel to toe for each step;
Stays on the line for all of the test;
Uses his or her arms for balance, which is not permitted to be raised beyond six inches;
Does the turn as instructed; and
Takes the correct number of steps.

If the driver misses heel to toe once with a gap greater than 1/2 inch, the officer will check off one clue of possible intoxication for the heel-to-toe requirement.

How a Lawyer May Challenge the Walk and Turn Test

Because officers are trained to analyze a driver’s behavior, appearance, and how he or she performs on any SFST, a good lawyer can also use this same information to help in defending against a DUI/DWI conviction. Because these tests are not perfect and subject to human error, it is important to always consult an experienced lawyer if you or someone you know is charged with drunk driving. A DUI attorney may be able to fight the charges against you or have the charges dismissed completely.

New Jersey DUI/DWI Attorney Edward M. Janzekovich Is Ready to Help Drivers Charged with Drunk Driving

An arrest for driving under the influence of alcohol or drugs is extremely serious, and the penalties can include fines, loss of driving privileges, and even jail time. Defending against drunk driving charges can also involve complicated evidentiary issues, especially when specific tests or scientific evidence is involved. 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: DWI - DUI, Field Sobriety Tests

Doubts About Over 20,000 Past DWI Cases Means Convictions Could Be Reversed or Thrown Out

May 23, 2018 by Edward Janzekovich

Here, at the Edward M. Janzekovich law blog, we have been following an important story that could affect over 20k different past drunk driving cases and/or convictions that occurred between 2008 and 2016. Specifically, in 2016, charges were filed against a State Police Sergeant after it was discovered that he may have been lying about whether or not breathalyzer machines used to measure the Blood Alcohol Content (BAC) of drivers arrested for drunk driving were properly calibrated. A recent 200-page report released by the state judiciary restated the possibility that the sergeant’s actions could have affected DWI/DUI cases during that time, raising substantial doubts about the reliability of the tests conducted in five New Jersey counties.

If you or someone you know submitted to a breathalyzer test in New Jersey during that time period, you could be affected. If you pleaded guilty or were convicted of DUI/DWI based on the results of a breath test taken during that time in the state, you will want to talk to a knowledgeable DWI defense attorney as soon as possible. A conviction could be withdrawn or dismissed, the conviction could be removed from a permanent record, and/or future drunk driving penalties could be decreased.

Breathalyzer Calibration Misconduct

A BAC test in New Jersey must be performed using a Alcotest 7110 MK-IIIC machine that is calibrated according to strict guidelines. When it was discovered in 2016 that State Police Sgt. Marc Dennis may have lied about following the state-mandated guidelines for 8 years, he was officially indicted on second-degree official misconduct, third-degree tampering with public records, and fourth-degree falsifying records charges, because he deliberately skipped the temperature check portion of recalibration procedures.

Since a BAC result of .08% or higher taken during that time could have resulted in an inaccurate DWI/DUI conviction, a class action lawsuit was subsequently filed arguing that anyone who was convicted based on a close BAC result should have their guilty finding thrown out.

New 200-Page Report

The official report issued by the New Jersey state judiciary last week, written by Judge Joseph Lisa, is the latest development in this continuing saga. The report looked at many issues in the case, including the evidence against Sergeant Dennis and the importance of the legally required Alcotest calibration procedures. The report specifically found that all experts considered by the court agreed that accurate temperate calibration was important for scientific reliability.

Although Judge Lisa noted that it was not likely that Sergeant Dennis’s actions resulted in false convictions in 20,000 cases, Judge Lisa noted that it is “reasonably plausible” or possible that some defendants were affected. In particular, any driver who had a very close BAC reading, taken on an improperly calibrated machine, may have had a legal rather than illegal BAC.

Notification Letters

If you were charged and found guilty, or if you pleaded guilty, to driving while intoxicated between 2008 and 2016, you may have received a letter from prosecutors, municipalities, and government officials informing you of your rights. The Notification Letter that was sent out to defendants and drivers varied from county to county, but generally followed this format:

Click to view larger version

If you have any question about what your rights are, the letter advises you to consult an attorney immediately.

If you received a letter and have any question about your rights, or if you did not receive a letter but believe you should have, you should contact an experienced drunk driving lawyer immediately. A good lawyer will also be able to review your past cases or contact the town or city where you were convicted and see if there are grounds to overturn your conviction.

New Jersey Drunk Driving Defense Lawyer Edward M. Janzekovich Stays Up to Date on DUI News that Could Affect You

If you or someone you know is arrested for drunk driving, or was previously convicted of driving while intoxicated, it is extremely important to contact an experienced DUI/DWI attorney who will make it his job to care about your case. If you go to court, a great attorney can also help you get the best results in your situation. 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: DWI - DUI

Underage Drinking Statistics and Penalties

April 24, 2018 by Edward Janzekovich

A comprehensive report detailing national alcohol-impaired driving statistics for the year 2016 was recently published by the National Highway Traffic Safety Administration (NHTSA), analyzing all the data that was turned into the office by public law enforcement agencies across the county. This report specifically focused on accidents and fatal crashes caused by drivers, and the data was examined based on many characteristics, including by age group and gender. The study also compared how trends have chanced over the prior ten years, looking at 2007 and 2016.

Over that time period, the number of underage drivers – drivers between the age of 16 and 20 – who were involved in a fatal crash decreased. Moreover, the number of those crashes that involved a blood alcohol content of .08% or higher also decreased, representing positive change.

Despite this decrease over time, studies continue to show that young people who drink and drive are much more likely to cause serious accidents. Furthermore, this data only included statistics for underage drivers with a BAC of .08% or higher. However, the legal drinking age is 21 years of age, in New Jersey and across the country, and a BAC of even .01% is enough to support a conviction for underage DUI or DWI, whether or not the driver is involved in a collision or crash. With prom, graduation, summer vacation, and other activities around the corner, we at the Edward M. Janzekovich law blog would like to reiterate that the best advice is to never drink and drive.

Underage Intoxicated Driving Statistics

The NHTSA report found that there were 4,412 fatal crashes in 2016 involving a driver between the ages of 16 and 20 years old. Of these, 663, or 15%, involved a BAC of .08% or higher. Across all age groups, there were 9700 fatal crashes involving a driver with a BAC of .08% or higher, meaning the number of underage fatal crashes accounted for nearly 7%.

In 2015, there were 4,214 fatal crashes involving a driver between the ages of 16 and 20 years old, and 659, or 16%, involved a BAC of .08% or higher. Both the 2015 and 2016 data represent a significant decrease from the previous decade. In 2007, there were 6,894 fatal crashes involving a driver between the ages of 16 and 20 years old, and 1,218, or 18%, involved a BAC of .08% or higher.

Legal Consequences for Underage Driving While Intoxicated

Although there has been a decrease in crashes involving underage and intoxicated drivers, the penalties in New Jersey for drinking and driving before the age of 21 remains extremely serious, and it is much easier to be convicted with the lower legal blood-alcohol limit for minors.

If convicted of DUI or DWI, an underage driver will face the following penalties:

Your driver’s license will be suspended for 30 to 90 days.
You will be required to perform 15 to 30 days of community service.
You will be required to attend an Intoxicated Driver Resource Center alcohol education program and/or other highway safety program.
You will be required to pay significant fines, fees and surcharges.
Your car insurance will increase significantly.
You could have your car impounded.
Your permanent record will reflect that you had a DUI/DWI conviction, that you may need to disclose on college applications, future job applications and even for financial aid requests. A drunk driving conviction could also make you permanently ineligible for certain jobs in the future.

If you or someone you know is arrested or charged with an underage DWI, failing to get the best legal representation could result in consequences that last a lifetime.

New Jersey Attorney Edward M. Janzekovich Does DUI and DWI Defense for Drivers of All Ages

If you or someone you know is arrested, charged for, or convicted of drinking and driving, it is important to know the consequences and how to present the best defense in your case. An experienced lawyer may even be able to have the charges against you dismissed. A good attorney 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, Underage Drinking

Breaking News Update: NJ Governor Takes Major Action to Improve Access to Medical Marijuana

April 12, 2018 by Edward Janzekovich

This past week, New Jersey Governor Phil Murphy took a large step in the direction of legitimizing medical marijuana and increasing access across the state. Under previous Governor Chris Christie, New Jersey’s technically legal medical marijuana program was significantly handicapped. Chris Christie vocally opposed the program and explicitly proclaimed that he would not work to expand access to medicinal marijuana in any way, and, under his governance, it was difficult, if not impossible, for most individuals to obtain cannabis legally.

Since Governor Phil Murphy took office earlier this year, he made it clear that legalizing marijuana would be one of his top priorities. This week’s actions do not make marijuana fully legal, but it does make it easier for individuals to get a prescription for marijuana based on medical need, and then have that prescription filled at dispensaries located across the state.

As previously addressed here on the Edward M. Janzekovich law blog, legal possession of marijuana will not affect the fact that it is, and will continue to be, illegal to drive under the effects of marijuana or THC, the active ingredient in the marijuana plant. New Jersey’s DUI/DWI laws still make it illegal to drive while intoxicated or high, whether that intoxication or high is the result of using a legal or illegal substance, including medically prescribed drugs.

Changes to the Medical Marijuana Program

In January, Governor Murphy signed an executive order, calling on the New Jersey Department of Health to review the existing state program. This past week, the Governor announced a list of reforms that would be implemented based on this review.

These changes include:

Adding five new qualifying medical conditions, including two types of chronic pain, migraines, anxiety, and Tourette’s syndrome;
Decreasing registration fees for the program (decreased from $200 to $100, or lower for veterans and seniors);
Permitting the six state approved dispensaries to create additional locations to better serve the increased number of program participants;
Increasing the monthly permissible dosage from 2 ounces to 4 ounces;
Permitting hospice patients to have an unlimited supply; and
Eliminating the requirement that doctors put their names on a registry in order to prescribe medical marijuana.

These measures only account for one part of Governor Murphy’s whole plan for the future of cannabis in New Jersey. At the present, 18,574 patients, 536 physicians, and 869 caregivers are involved in the program, but the just-announced changes should increase access for thousands more. The Coalition for Medical Marijuana New Jersey anticipates that the end goal for the program would be to meet the demands of about 1 million patients.

Marijuana Impairment and Driving While Intoxicated

Although many of these changes will help pave the way for New Jersey residents to legally qualify for and obtain marijuana, this will not affect laws affecting driving while high – under the influence of THC or cannabis.

First, New Jersey statute, N.J.S.A. 39:4-49.1, states that you cannot drive a motor vehicle while in possession of any prescription medications unless you have obtained the substance or drug directly from an approved medical provider or with a valid prescription. Moreover, even if you are allowed to have it, New Jersey law does not allow any person to drive while impaired, regardless of whether or not he or she is intoxicated because of a legally prescribed or obtained medication. This means that it will not be a defense if you are part of the medical marijuana program if the state can prove that using cannabis has affected your ability to drive substantively.

Finally, it is important to note that New Jersey’s medical marijuana law does not allow persons with an out-of-state medical marijuana license to possess marijuana in the state without also having a New Jersey medical marijuana license.

Accordingly, it is important to remember that driving and using marijuana is still illegal and driving while intoxicated as the result of any substance in the state will be treated seriously and likely prosecuted, in the same way the government would treat you if you were arrested for driving drunk.

Edward M. Janzekovich Can Defend You if You Are Charged with Driving While High

If you or someone you know is charged for driving while intoxicated, drunk driving, or driving high, the possible penalties will be serious. Fighting those charges will not be easy. Finding a good attorney will be really important 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: DWI - DUI, Medical Marijuana in New Jersey

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