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DWI Offence

First Offense DWI Consequences

We understand the complexities of DWI law in New Jersey and will work diligently to build a strong defense for your case. Our attorneys have experience with a variety of DWI defenses, including challenging the accuracy of breathalyzer tests, determining whether police officers had probable cause to stop you.

When a law enforcement officer pulls a driver over on suspicion of driving while intoxicated, they will have to determine what the driver’s BAC is to assess whether they surpass the legal limit. There are a number of different consequences that an individual may face in New Jersey depending on their BAC.

Drivers with a blood alcohol content that is higher than 0.08 percent but less than 0.10 percent may face the following consequences:

• License suspension until the date of installation of the ignition interlock device, then the interlock device remains on the vehicle for 3 months
• A $250-$500 fine
• 12-48 hours at the Intoxicated Driver Resource Center
• Up to 30 days of jail time

Under 21 DWI

DWI consequences are serious for anybody but especially for individuals who are under the age of 21 and are not yet legally allowed to consume or purchase alcohol. In these situations, the individual is breaking more than one law, so their penalties increase. If an intoxicated driver is under the age of 21 and has a blood alcohol content that is greater than 0.01 percent, they can be charged with an underage DWI. This can result in a license suspension between 30 and 90 days, community service for 15-30 days, participation at the IDRC and fines.

Penalties of a Second Offense DWI

Individuals who drive under the influence of alcohol are subject to very serious consequences, especially when they have a previous offense on their record. The courts are very harsh on multiple offense drunk drivers and often impose significant penalties. If an individual is convicted of a second DWI within 10 years of the previous offense, they may face the following consequences:

• Up to 90 days of jail time
• A 1-2 year loss of license
• Interlock device installation during the term of license suspension
• 2-4 years interlock installation after privileges restored
• A $1000 yearly surcharge for 3 years
• 48 hours in the Intoxicated Driver Resource Center
• A $500-$1000 fine
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services Fund fee

Ignition Interlock Device

When an individual has more than one DWI on their record, they are required to install an ignition interlock device on their vehicle. An interlock device requires the driver to take a chemical breath test each time they get into the car before they can turn on their vehicle. If there is any alcohol above 0.01 percent detected, the car will not start. These devices are required for installation throughout the period of time that the driver’s license is suspended and for 1-3 years after their license has been restored.

For a third or subsequent DWI, the penalties are as follows:

• Up to 180 days of jail time
• An 8-year loss of license with an interlock installed during that time
• 2-4 years with an interlock device after privileges are restored
• A $1500 yearly surcharge for 3 years
• A $1000 fine
• A $100 Alcohol Education and Rehabilitation Fund fee
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services fund fee

It is important to be aware that while there are a number of penalties associated with a third DWI, an experienced attorney can explore certain defenses that may make all evidence inadmissible, including a violation of the 20-minute rule, failure to properly administer field sobriety tests and an illegal traffic stop.

Ignition Interlock Device

New Jersey drivers who are convicted of a third or subsequent DWI are typically required to install an ignition interlock device on their vehicle. This is true for the time that their license is suspended, which in this case is 10 years, and also for 1-3 years after it is restored. This device requires that the individual takes a breath test each time they get behind the wheel in order for the vehicle to start. If the device detects that the individual has any alcohol on their breath, the car will not start. The individual will also be responsible for the installation fees and other costs associated with the device.

Challenging DWI Evidence

It is crucial for an individual who has been charged with a DWI to retain the services of an experienced criminal defense attorney that can effectively explore defenses to assist in reducing your penalties or having your case dismissed altogether. Some of the factors that may be looked at by an attorney include the following:

• Did the police officer have a valid reason to pull you over?
  If we can prove that you were stopped illegally and your 4th amendment rights were violated, it is a valid reason for a court to dismiss the charges you face. For a police officer to stop you, they must have a good reason. If they had no reason to stop your vehicle, we will bring that defense to court on your behalf.
• Did the police officer abide by New Jersey’s 20-minute rule?
  Police officers are obligated to wait at least 20 minutes before commencing with a breath test and observe the subject for any signs of regurgitation, including belches and vomiting, that could skew the results. Only until after a period of 20 minutes free of regurgitation may a police officer administer the test.
• Was the field sobriety test given in accordance with regulation?
  There are rules and regulations that allow a field sobriety test’s admissibility. Police offers must abide by rules when administering field sobriety tests, including reading the instructions to the subject, physically demonstrating the test, allowing females to remove footwear that could impact a test’s results, and recognizing a physical condition that makes it impossible to pass a field sobriety test.

Contact a DWI Defense Attorney

If you have been charged with a first offense DWI in New Jersey, it is important to retain experienced legal counsel as soon as possible.

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High BAC Offence

HIGH BAC ATTORNEY IN NEW JERSEY

Individuals who are convicted of driving while intoxicated in the state of New Jersey are subject to very serious consequences. Those who are found to have a high blood alcohol content will face even more serious penalties. If you have been charged with driving while intoxicated with a high blood alcohol content, retaining an attorney is ncessary. The LegalScope has the experience needed in fighting on behalf of clients faced with these charges. Contact our firm today.

What is a high BAC?

If the test reveals that the driver’s BAC is greater than 0.10 percent, they can be charged with a high BAC DWI.

The penalties for a conviction of this sort are more serious than a standard DWI, where the driver’s BAC was between 0.08 and 0.10 percent. If you have been charged with an escalated DWI, it is important to have strong legal counsel on your side.

Penalties for a High BAC

New Jersey aims to place significant consequences on those who drive while intoxicated, especially when they have a higher BAC. Individuals with a blood alcohol content of .10 percent or greater may face the following penalties:

• Incarceration for up to 30 days
• Driver’s license suspension for 7-12 months
• A $300-$500 fine
• $100 to the Alcohol Education and Rehabilitation Fund
• $100 to the Drunk Driving Fund
• $75 to the Neighborhood Services Fund
• 12-48 hours in the Intoxicated Driver Resource Center
• Ignition Interlock Device during license suspension and 6-12 months after license restoration

It is important to be aware that unlike other states, New Jersey does not have a hardship license. Simply put, convicted individuals will not be able to request a special license for work or school obligations.

Defenses

We will explore all defenses to free you of a DWI conviction. We recognize the significance of the charges and how a conviction could seriously impact your life and the life of your loved ones. It is important to assess the facts of the case. In our assessment of your case, we will first look at the following aspects:

• The stop: We will first look to see if the police officer had probable cause to stop you. If he or she did not, your arrest could be unlawful and the evidence against you inadmissible.
• The field sobriety test: Protocol must be followed when a law enforcement officer administers a field sobriety test. When they do not follow the law, the evidence against you can be inadmissible in court.
• The breath test: Again, police officers must adhere to a protocol when administering a breath test. In accordance with the law, a police officer must wait 20 minutes free from any signs of regurgitation to administer a breath test or the evidence could be inadmissible because the results could be skewed.

Contact a Bergen County High BAC DWI Attorney

Individuals who have been charged with driving while intoxicated will face significant consequences upon a conviction. These penalties increase significantly when the driver has an escalated blood alcohol content. If you are facing high BAC DWI charges, it is essential to retain the services of an attorney with the experience needed to explore all defenses and fight for your future.

Driving While in Possession of CDS

Driving under the influence is a very serious offense in New Jersey. The term “under the influence” is typically associated with drunk driving because of alcohol consumption. However, if you drive under the influence of a controlled substance, you may still be charged with a DWI in the state of New Jersey.

It is important to note that if you are found to be in possession of a controlled substance during the traffic stop, you may also face drug possession charges, which may result in jail time and additional fines.

Consequences of Drug DWI in NJ

New Jersey law defines being under the influence as “a substantial deterioration or diminution of the mental faculties or physical capabilities” of a person who is intoxicated by liquor, a narcotic, or a habit-producing drug. Just like many other offenses, the penalties increase in severity as the number of previous offenses the person has on his or her record.

First Offense Drug DWI

If you are facing charges for a first-offense Drug DWI, you may be subject to the following penalties:

• A maximum of 30 days of incarceration
• Driver’s license suspension between 7 and 12 months
• $1,000 surcharge each year for 3 years
• A fine between $300 and $500
• 12-48 hours in the Intoxicated Driver Resource Center and applicable fees
• A $100 fee for the Alcohol Education and Rehabilitation Fund
• A $100 Drunk Driving Fund fee
• A $75 Neighborhood Services Fund fee
• Possible installation of an ignition interlock device

Second Offense Drug DWI

If you have been charged with a Drug DWI in New Jersey for the second time within ten years of the previous violation, your penalties will be escalated. The consequences are as follows:

• Fines between $500 and $1000
• Incarceration for at least 48 hours but not for more than 90 days
• 30 days of community services (if the offense took place in a school zone, 60 days)
• Drivers license suspension for 2 years
• Installation of ignition interlock device for between 1 and 3 years after license restoration
• Several other fees and fines
  Third or Subsequent Offense Drug DWI
  If you are charged with a Drug DWI for the third or subsequent time within 10 years, the penalties include the following:
• A $1000 fine
• Incarceration for at least 180 days
• 10-year license suspension
• Various mandatory fines and fees
• Participation in the Intoxicated Drivers Resource Center
• Installation of an Ignition Interlock Device

Contact a NJ Drug DWI Attorney

If you have been charged with driving under the influence of a controlled substance in New Jersey, your future is on the line. Such a conviction can result in serious penalties and even a limitation on possible future jobs and other opportunities. Therefore, it is essential to retain the services of an attorney with the experience it takes to explore all possible defenses for your case. Contact The Law Office of Attorney Conway today for strong legal representation.

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Winning the Case

You need an attorney that can effectively challenge your DWI charges. Regardless of whether you are facing your first or your 3rd DWI, your rights must be completely protected. Our firm will explore all defenses to free you of these charges. Our firm is dedicated to your future. In our pursuit of success, we look to see if the following applies to your situation:

• Illegal stop: If we can prove that a police officer stopped you illegally, your rights were violated and we will fight that in court. The United States and New Jersey Constitution protect citizens from illegal stops. There must be a valid reason to stop you. If they didn’t and it was an illegal stop, the evidence against you may be inadmissible in court.
• 20-minute rule: New Jersey law forces officers to observe a subject for no less than 20 minutes before conducting a chemical breath test. During the test, police officers must look for signs of regurgitation that can skew the results and ensure that the test is as accurate as possible. If this protocol was not followed and it can be proven, it is a valid defense to dismiss the charges.
• Sobriety test protocol: There are three field sobriety tests that can help a police officer assess the likelihood that the subject is intoxicated. For these tests to be admissible, the police officer must follow proper protocol, including reading the instructions before performing the assessment, demonstrating the test, allow female subjects to remove heeled shoes, recognize that an individual has a health issue that makes passing the test impossible.

Contact a NJ DWI Defense Attorney

A DWI conviction in New Jersey often results in hefty fines and fees, jail time, loss of driving privileges, and perhaps even the mandatory installation of an ignition interlock device. If you have been charged with driving while intoxicated in the state of New Jersey, it is crucial to retain quality legal counsel.

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New Jersey Speeding Tickets &Penalties

Speeding laws in New Jersey require motorists to drive at an appropriate speed limit for different zones. Drivers convicted of driving at a speed exceeding the default speed limit are issued speeding tickets as fines under the speed limit laws in NJ. Although exceeding the default speed limit remains a major ticketed traffic offense, there are a few other variables that influence the severity of the fines, including the egregiousness of the violation such as reckless driving, the type of road, and the area the motorist was speeding in. The consequences include fines and the addition of speeding ticket points to your driving records. Too many points can lead to a license suspension

As per the prima facie speed limits and basic speed law, motorists in New Jersey are required to always drive at an appropriate safe speed.

New Jersey’s Basic Speed Law

In New Jersey, motorists are required to drive at an appropriate reduced speed” when they approach hazards such as curves or hillcrests, or when traffic, pedestrians, weather conditions, or the like warrants it. In other words, this law prohibits drivers from driving at unsafe speeds regardless of the posted speed limit.

Prima Facie Speed Limits

Most speed limits in New Jersey are determined by primacies (also referred to as “presumed”).  Based on what zone you are driving in, the various New Jersey speed limits are:

• School zone: 25     mph
• Residential and     Business districts: 25 mph
• Certain portions     of Route 130 in Burlington City: 25 or 35 mph
• Lower-density     business and residential districts: 35 mph
• All other     roadways: 50 mph
• State highways: 55     mph
• Interstate     highways: 65+ mph

Prima facie speed limits differ from maximum limits. Aswith maximum speed limits, if you go over the posted limit, you’re breaking thelaw. In the event that you are ticketed for driving over the prima facie limit,you may still beat the ticket by showing that the speed was safe despite beingover the primary limit.

What a New Jersey Traffic Law Attorney Can do

If you have been charged with a speeding ticket in NewJersey, the first step is to get free legal advice from an experienced defenselawyer like those at Legal Scope. Our experienced teams of criminal defenseattorneys in New Jersey will explore all your options, and fight hard tosuccessfully get your speeding ticket completely dismissed or at leastdowngraded so that there are fewer points and penalties.

Traffic violations involving speeding are common in thestate of New Jersey, though it should not be taken lightly as it involves finesand the addition of points to your driving record that can lead to an increasein your automobile insurance rates and possible license suspension. If you wereissued a speeding ticket, contact legal scope today

How Speeding Tickets Increase Insurance Rates

Got A Ticket? Here's How Much Your Car Insurance Premiums Will Increase

Among all the factors that determine what a given motorist will pay for car insurance – including age, sex, marital status, address and the make and model of car – the most critical is one’s driving record. The difference between having a clean history and one that’s pockmarked with citations can mean hundreds of dollars or more a year out of pocket. Tack on multiple at-fault accidents and you might be virtually uninsurable.

Depending on the violation, getting just a single ticket can boost an average policyholder’s auto insurance premiums by as much as 22 percent, according to an analysis of over 490,000 policy quotes conducted by Insurance.com.

Being cited for reckless driving was found to boost premiums by the largest margin at the aforementioned 22 percent. For the uninitiated, Nolo’s Plain-English Law Dictionary defines reckless driving as, “Operating an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even if within the posted speed limit) and other careless and dangerous driving behavior.” A first offense for driving under the influence (DUI) was second at a 19 percent increase, followed by driving without a license at 18 percent and careless driving at 16 percent.

These are, of course, all averages for a single incident; penalties may be higher for certain drivers, especially those with various violations on their records. For example, the survey found that (given the vagaries of actuarial data) divorced motorists are often penalized more than single married drivers for given offenses. A divorced person cited for reckless driving might find his or her insurance costs rising by seven percent more than someone who’s single and four percent more than a married driver. Similarly, condo owners are sometimes hit with higher increases after receiving tickets than are renters, single-family homeowners or motorists who live with their parents.

Here’s the full list of how much common tickets will boost auto premiums, on average, as determined by Insurance.com:

1. Reckless driving: 22 percent
2. DUI first offense: 19 percent
3. Driving without a license or permit: 18 percent
4. Careless driving: 16 percent
5. Speeding 30 mph over the limit: 15 percent
6. Failure to stop: 15 percent
7. Improper turn: 14 percent
8. Improper passing: 14 percent
9. Following too close/tailgating: 13 percent
10. Speeding 15 to 29 mph over limit: 12 percent
11. Speeding 1 to 14 mph over limit: 11 percent
12. Failure to yield: 9 percent
13. No car insurance: 6 percent
14. Seat belt infractions: 3 percent

Those facing a rate increase following a traffic violation or accident are advised to shop around among multiple carriers to find one that’s willing to offer a lower premium. Some carriers are more or less tolerant of motorists with imperfect driving records than others. Also, exploit all available discounts your company may offer to help negate a premium boost. Most insurers will offer a discount for bundling home and auto insurance policies, for example, and many will grant a rate reduction to policyholders who attend “safe driving” classes and/or have security systems installed on their cars.

Finally, if you find your insurance costs soaring out of reach, consider raising your deductibles for comprehensive and collision coverage, which regard physical damage to your car where another driver is not at fault. According to Insurance.com, boosting these deductibles from $250 to $500 can shave around 30 percent off those sections of your car’s coverage. If you have an older car, consider dropping comprehensive and collision altogether to save even more money.

Better yet, let’s just be careful out there.

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