Drunk-driving, speeding, and other dangerous driving behaviors, can be costly to other motorists. However, they are especially dangerous to pedestrians. Statistics show that there are at least 70, 000 pedestrian accidents in the US annually; about 4, 500 of these accidents end in death, while the rest result in substantial injuries. Equipped with nothing to protect their bodies from impact, victims of pedestrian accidents are always exposed to much greater danger than most other car accident victims. The usual victims of pedestrian accidents are children, older adults, and alcohol-impaired pedestrians. Sadly, many victims are left with all the consequences of the accident,…Read More
Not one of my clients has told me that getting a DWI/DUI won’t really make a difference in his or her life. In other words, having a DWI or DUI conviction on your record always matters. From the jail-time to the license suspension to the huge financial penalties, there is at least one consequence for a DUI conviction that is going to strike a chord with someone. That is why it is absolutely necessary to have every weapon in a DUI defense arsenal available in order to attack a prosecutor’s case. Expert witnesses are very often the best weapons to…Read More
Maybe you’re a college student heading back from a party with some friends and you’ve had a few too many drinks. Or you’re a parent who’s just come from a Fourth of July party where you had a couple of beers. It was all in good fun, and you don’t feel drunk, but when the cop makes you take a breath test, you’re just over the legal limit of .08 BAC – You know what that means: a DUI Charge. It’s embarrassing and frustrating, but probably most of all, it’s scary. Will your driver’s license be taken away? Your car?…Read More
The question is often asked of me whether chewing tobacco can affect DUI breath testing results. Personally, I have run experiments on a number of DUI breath testing devices, such as the Intoxylizer 8000, Breathalyzer 900 and Alcotest 7110, with varying results. Scientifically, one recent study has shown that Philadelphia’s breath testing device will register false readings, under certain circumstances, when chewing tobacco is present in a person’s mouth. Science and Justice Magazine published a 2012 study, done by the Albuquerque Police Department Criminalistics Laboratory, that involved “dosed” chewing tobacco and the Intoxilyzer 8000. This breath testing device is the…Read More
Recently, I had the pleasure of representing a seasonal police officer who worked for one of the New Jersey shore towns. He was a very nice guy with a concerned family in his corner and a spotless record. For the purposes of this article, he will be referred to as “Tom.” When Tom initially contacted me, he was extremely upset and fearful of losing his license and career as a police officer, because he had been accused of a DWI. On its face, the case seemed like a bad one. Tom had driven his truck over a curb and into…Read More
A homicide by vehicle while DWI in NJ is a unique offense, separate from other forms of homicide. Considered a second degree crime, death by auto or vessel is a form of reckless homicide. It is specifically defined as causing death during the operation of a vehicle that is not man powered while intoxicated by drugs or alcohol or over the legal .08 BAC limit. Based on this definition, operating a bicycle would not apply, whereas a motorcycle would. In order to be charged with death by auto or vessel, it must first be proven that you are driving recklessly.…Read More
VINELAND, New Jersey – Anderson Sotomayor, a forty-five year old Southern New Jersey man, who was charged five times with drunken driving within five weeks, was released on bail for a separate drug charge. His driving record includes two prior convictions for DWI in 1989 and 1992. Additionally, the man’s license was suspended 23 times by the Motor Vehicle Commission. In the State of New Jersey, a person with a blood alcohol content of 0.08% or greater, who operates a motor vehicle or a boat, is considered to be driving while intoxicated (DWI) and can face penalties ranging up to 20-years…Read More
The common conception about judges is that they will always believe the word of a police officer. Officers seem to have built-in credibility as they take the stand. Throughout my many years of practice, I have come across credible police officers who do a good job of policing, credible police officers who do a poor job of policing, and flat-out liars. Unfortunately, the vast majority of judges tend to give incompetent or lying officers free passes by convicting a defendant when an officer is simply unbelievable. When it comes to lying police officers, a jury will often sniff out the…Read More
If you have been charged with a DUI, the first thoughts going through your mind probably concern the potential penalties you face. For drivers charged with a second or third DUI offense, the stakes are high. Jail-time is a certainty if convicted. A person charged with a second offense DUI, who is alleged to have a blood alcohol level (BAC) of .16% or higher, faces a minimum of 90 days in jail and a maximum of five years. Someone charged with a third offense DUI, who is alleged to have a blood alcohol level (BAC) of .16% or higher, faces a minimum…Read More
There Actually Is an Open Container Law When I was a young driver I heard rumors that you could be arrested for having an open container in a vehicle. I was confused from the beginning. I couldn’t figure out whether or not or not it was okay to drink a soda in a vehicle. A soda was a beverage, right? I would have to open it to drink it. Why did the government care about whether I drank a soda in my car? Luckily, I learned that by beverage, the law was referring to alcoholic beverages. That, of course, made…Read More