Although New Jersey and fifteen other states have passed medical marijuana laws, this will not keep you safe from the issues of smoking marijuana and a possible DWI charge. Here’s what you need to know about how the 2 situations can collide to cause you legal problems: It’s probably obvious that you shouldn’t drink alcohol and drive, because if you’re pulled over and the police determine you’re intoxicated, then you will be arrested for DWI. The same goes for smoking marijuana. If you are smoking marijuana or have recently smoked and are pulled over while you’re high (impaired), then you will…Read More
Ignition Interlock Devices (IID) are being used in many different states as a method to curtail drunk driving. Across the country, there is a lot of variation on how the devices are being used. Pennsylvania has taken some unique steps in how it enforces the use of IIDs in its state. An ignition interlock device is a breathalyzer that is incorporated into the ignition function of a car. The device overrides a car’s ability to start without a passing score on its attached breathalyzer. The IID is small, non damaging to the vehicle, and quick to install. Models and state requirements may…Read More
If you’ve been arrested for DUI / DWI, you’re probably feeling tremendous stress, fear, and embarrassment. It’s likely you just want the situation to go away, and with good reason – it’s mentally traumatic to be labeled a “criminal” and to have to face a judge who will decide your fate. Unfortunately, there are people who can’t handle the stress of a drunk driving charge and decide to flee the situation and not appear for court, hoping they can avoid any jail time or other penalties. The judicial system has established penalties specifically for these types of situations, and you…Read More
Here’s the scenario: You spent a great weekend at the shore during the Fourth of July weekend. It’s Monday night. You want to avoid the evening traffic of vacationers and the morning rush-hour traffic on the AC Expressway. So, you decide to hit the road for home at around 10 p.m. At the Hammonton Exit, you start to feel the activity of the weekend catch-up to you. Your eyelids are getting heavy, but you know that you only have 30 minutes until you are home. You tell yourself that you can make it without pulling off the highway to wake…Read More
Various states, such as Pennsylvania and New Jersey, have enacted laws that require even first time DUI / DWI offenders to have an ignition interlock device (IID). This device is typically the size of an older, larger cell phone, and is installed in a way that it integrates into the starting system of your vehicle, preventing you from operating the vehicle if the IID senses you have a blood alcohol level that is above the limit set on the device. How Does an Ignition Interlock Device Work? In brief, the IID is a mini breathalyzer connected to the ignition switch…Read More
Once you’ve been stopped on suspicion of DUI and the police officer who made the stop determines that there is probable cause to arrest and charge you with DUI, you can either be held at the local jail until you pay a bail bondsman, or you can be released on your own recognizance (ROR). Obviously, the trauma of being arrested for DUI is a whole lot less damaging if you can leave the police station without having to spend even a few hours in jail. So, under what circumstances might you be lucky enough to qualify for being released on…Read More
What is a “Per Se” Law? Per se law with regard to DUI refers to driving with a specified level of alcohol or drug in your blood stream or specified level of alcohol in your breath. Regarding alcohol intoxication, Pennsylvania and New Jersey have determined that it is illegal to drive with a .08 or greater alcohol to blood concentration (BAC). This is the agreed upon BAC at which an average person would be rendered unfit to drive safely. How is a Per Se Offense Different than a General Impairment Offense of the DUI Statute? A basic DUI or driving…Read More
One month after being charged with a DUI and reckless driving, the prosecutor in Derek Lowe’s case decided that there was insufficient evidence to proceed with the charges. According to Lowe’s attorney, the arresting officer made numerous errors in the police report and was also mistaken about smelling the odor of an alcoholic beverage. Additionally, Lowe performed the field sobriety tests fairly well. Finally, there was no breath testing done, since Lowe refused [Keep in mind that this is not necessarily a good course of action in Pennsylvania or New Jersey – see article “Should I Refuse or Should I Blow”.…Read More
After any kind of arrest by law enforcement, including arrest on suspicion of DUI/DWI, the arresting officer must inform the arrested party of his or her rights as required by Miranda v. Arizona. What is a Miranda Warning and what are Miranda Rights? While there is no fixed language dictated by the Supreme Court, the arresting police officer(s) must advise the arrested party of 3 key facts: 1. the right to remain silent, under the Fifth and Fourteenth Amendments to the US Constitution 2. anything they say can and will be used against them in a court of law 3.…Read More
DWI laws across the United States have become increasingly tough over the years, and this is certainly true in New Jersey. Drivers within the state should therefore educate themselves on these laws to avoid lengthy license suspensions, heavy fines, and jail time. If you are facing a DWI charge in this state, it is highly recommended that you contact an experienced DWI attorney who is familiar with New Jersey laws. A qualified lawyer is the only person who can properly advise you on a defense for your case, and give you the best chance of reducing the penalties you are facing. Below is some…Read More