Recently, two Pennsylvania State legislators have co-sponsored DUI legislation that seeks to increase penalties for first-time DUI offenders. This new law would require certain first-time DUI offenders to place an ignition interlock device on any car owned or operated by the offender. The ignition interlock device is installed on a vehicle at the owner’s expense. Once installed, the driver must blow into an attachment linked to the ignition before the vehicle is started and during its operation. If a certain amount of alcohol is present in the breath sample, then the vehicle does not start or shuts down once started.…Read More
Getting a DUI can be expensive, to say the least. There are many things to pay for, including the bail or bond to be released from jail, getting a car out of the impound lot, court costs and fines and the real kicker attorney fees. DUI lawyer’s fees can really get up there, as defending a person facing a DUI charge can take up a lot of time. It is in your best interest to find an experienced, well-trained attorney whom you can trust will work hard for you. If you plan on being the best position to win your DUI case and…Read More
In an apparent effort to curb drunk driving, the New Jersey Appeals Court has ruled that a person convicted of a DWI can sue the bar that served him alcohol. This ruling is based on the New Jersey Dram Shop Act. Historically, the Dram Shop Act allows a person injured in an accident to sue the establishment that served alcohol to a visibly intoxicated person who caused the accident. The question for the Court was whether the Dram Shop Act allows a drunk driver who caused an accident to sue the bar for injuries the drunk driver suffered in the…Read More
Most United States citizens believe that it is relatively easy to travel to Canada for business or vacation. Generally, this belief is true. However, if you have been convicted of a crime, then Canada will bar any admission into the country. This bar applies to DUI convictions as well. According to Canadian regulations, a DUI is considered a criminal conviction. This is also the case when the DUI charge was only considered a traffic offense in the state where the conviction occurred. Border patrol has computer access to a data base of U.S. records that shows whether any traveler has…Read More
Being passionate about one’s job can be its own reward. However, achieving satisfying results from job performance only augments this passion. Fortunately, I have an occupation for which I have tremendous enthusiasm and dedication. Today, this enthusiasm and dedication was well rewarded. A client was facing significant time in jail and a ten-year loss of license. This client was a hard-working individual who also happened to be a very nice person. One night while coming back from a restaurant, this person was cut-off by another driver and had a car accident. Admittedly alcohol had been consumed, but the client maintained…Read More
A perplexing shift in New Jersey constitutional law and municipal court procedure occurred on March 18, 2010. The New Jersey Appellate Division in State v. Kim, A-3863-08T4, denied the defendant’s appeal because he did not originally file a motion to suppress evidence of refusing to submit breath samples. Additionally, the court ruled that the defendant failed to prove he did not understand the refusal warnings provided to him in English. This holding and new rules of law are contrary to the Due Process clause, Rules of Procedure 3:5-7 and 7:5-2, and the Refusal statute (N.J.S.A. 39:4-50.4a). Under the Refusal statute and State…Read More
DUI laws are meant to protect the public and should be viewed in that manner. Nonetheless, there are many overzealous police officers who reach the wrong conclusions when arresting drivers. Here is one simple tip to keep in mind if you ever have the misfortune of being stopped by a police officer after you had something alcoholic to drink. Treat all of the police officers involved in a traffic stop with respect, even if an officer is less than respectful towards you. Obviously, police officers are people too and will often react negatively to rude behavior. For example, an officer…Read More
On January 14, 2010, the Governor of New Jersey signed into effect a new law for all DWI offenders concerning the ignition interlock device. This device requires that a driver blow into an attachment linked to a vehicle’s ignition before the vehicle can be started. If there is a certain level of alcohol in the breath sample, then the vehicle cannot be started. Unlike the past law, the new one requires that all second, third, and subsequent DWI offenders place an ignition interlock device on any vehicle “principally operated” by the offender. Previously, a judge was required to either order…Read More
Recently, an off-duty Philadelphia police officer struck a Pennsylvania State Trooper and tow truck driver in a car accident. The accident occurred on I-95 while the trooper and tow truck driver were clearing a disabled vehicle from the road. The off-duty officer is suspected of driving under the influence. See interview of injured trooper. http://abclocal.go.com/wpvi/story?section=news/local&id=7294286 On February 23, 2010, I attended a DUI seminar in Philadelphia. Two PA state troopers instructed at the seminar. Prior to the training portion of the seminar, one of the troopers spoke about his injured colleague. Both the trooper and the lawyer who introduced him strongly implied…Read More
On January 19, 2011, the New Jersey Supreme Court, in State v. Ciancaglini, No. A-92/93-09, issued a ruling that has immense consequences for anyone convicted of a DWI in New Jersey. The Court determined that a prior conviction for refusing to submit to breath testing cannot be considered for the purposes of enhancing penalties for a current DWI conviction. In Ciancaglini, the defendant was convicted in May of 2008 for DWI. Prior to the 2008 conviction, Ciancaglini was convicted for DWI in 1979 and for refusing to submit to breath testing in 2006. During her guilty plea, she argued that…Read More