Reader’s Question:

A lot of people I know have been charged with DUI here Irvington, New Jersey and I don’t want the same thing to happen to me. Just recently, someone mentioned to me about the booking process. How does the booking process in a DUI case work?

Erik

Irvington, NJ

If you or someone you know have been charged with DUI in Irvington, New Jersey, you may be wondering what to expect after the DUI arrest. This can be a confusing and scary time but as we know, knowledge is power.

After a police officer has suspected a driver’s intoxication and he or she has been arrested, the DUI suspect would have to the “booking” process. This involves processing the DUI suspect as with any suspected criminal. During this booking process, the police officers would thoroughly search the DUI suspect for weapons and drugs. They would also have to record the DUI suspect’s appearance and perform a criminal background search and after which, police officers would record fingerprints. Then they will take photos or “mug-shots.” After that, they will set the bail. The judge may base how much would the bail be depending on the severity of the DUI offense.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest

Reader’s Question:

My cousin in Bayonne, New Jersey has just been charged with DUI. He wants to know if he needs a lawyer to help him on his DUI case. Also, does he or the lawyer have control over which judge or prosecutor he gets for his case?

Shantell

Bayonne, NJ

Every person accused can actually represent himself or herself in court. However, because DUI is such as serious matter, it is not a generally wise choice to go to court unrepresented. Your cousin’s right to drive, his freedom, and his future employment options may hang in the balance. The choice is his and I advice him to take advantage of most lawyers’ free consultation to see whether or not he would want to hire a lawyer. On the other hand, any individual facing a second or more DUI in less than five years (measuring from date-of-conviction to date-of-arrest) should always utilize a lawyer capable of taking the DUI case to trial. The new penalties for repeat offenders are more serious and possibly life-changing.

As a general rule, no one has any control over which judge or prosecutor your cousin can get for his DUI case in Bayonne, New Jersey. Rotation of judges or computer assignment makes most court assignments for each case random. A lawyer has very little input about how the DUI case is assigned, or which prosecutor or judge will handle it.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I live in Passaic, New Jersey and I have a Driving While Intoxicated conviction. Is it true that a DWI conviction in New Jersey becomes a permanent part of the one’s driving history?

Ryan

Passaic, NJ

A Driving While Intoxicated (DWI) conviction in New Jersey does become a permanent record of the DWI offender’s driving history. Sadly, there is no way by which it can be removed. This record is entered into what is called as a Motor Vehicles Report (MVR) which contains past details of a person’s driving history.

Insurance companies regularly check MVRs when renewing policies. A person with a not so favorable driving record, especially when he has already been convicted of DWI, is likely to be faced with high premium rates, or may even be denied with insurance.

Because of that, I highly suggest that you start shopping around for you to get the lowest car insurance rate possible. I encourage you to start your comparison here as you can get online rate quote from great car insurance in Passaic, New Jersey from this site.

Tags: drunk driving laws, DWI advice, DWI lawyer

Reader’s Question:

What do I need to look for when hiring a DWI attorney? What should be the basis of choosing a good DWI attorney in Edison, New Jersey?

Cindy

Edison, NJ

When charged with DWI, hiring an attorney who will exhaust all means to get you out of trouble is the best thing to do. Since you have to go through a trial and may be even spend time in jail, you need to look for a specialized attorney in DWI. Most people are confused as to how they can pick a good DWI lawyer to trust their case to. Bear in mind the following important reminders:
1) Hire a lawyer who specializes in DWI rather than lawyers handling criminal law. A DWI lawyer’s fee may be a little higher than a lawyer who can take care of general cases but he’ll sure have a lot of experience about DWI cases. So, he will know how to go about your case easier.
2) Always check your potential DWI lawyer’s track record. A DWI lawyer who has won many DWI cases is the one you need to look for. This is because a DWI lawyer who keeps his records clean can present this as a way to earn the trust of potential clients. There’s nothing wrong with being frank and asking your lawyer about the history of DWI cases he won. You can also ask your friend so that they can possibly refer someone they know. Or, contacting the local Bar Association may also be of help.
3) Choose a lawyer that you feel good about. A good-working relationship with your lawyer is important so that you can help each other out in winning the case. Most likely, a lawyer’s attitude in court will basically give you an idea of his work ethics. Don’t ruin your chance of winning your case by choosing a lawyer with low standards of discipline.

Tags: drunk driving laws, DWI advice, DWI lawyer

Reader’s Question:

I hope you won’t find my question odd but it is still related with drunk driving. I live in Paterson, New Jersey and we are going to have some kind of a party at my place in two weeks. You can’t count out the possibility of serving an alcoholic beverage, thus, you can’t also count out that some guests can drive themselves home drunk. Now, how can I avoid my guests to get a DUI when they get home?

Veronica

Paterson, NJ

I wish I could join you on your party in Paterson, New Jersey. Since you are going to host a party where alcohol will be served, be sure to serve it with food and when you are nearing the end of the party, serve dessert with coffee, not alcohol. This is actually the best way to prevent your guests from leaving drunk. Instead of giving them an alcoholic drink as they leave, give them coffee. Also, consider limiting the amount of alcohol your guests will consume. I suggest you use vouchers to limit their consumption. This may be odd but you can remind them of the dangers of drunk driving. You can tell them that you are trying to keep them as safe as possible on the roads.

Another thing is that, you can choose a designated driver for your guests. If no one is willing to abstain from drinks at the party, arrange for someone else to take your group home. You can even hire a taxi to take them home after the party if you have no one that can be a designated driver. Since you are the host, find out who the designated driver is before you start serving drinks.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My daughter has been arrested for DUI in Toms River, New Jersey and I need to clarify some things about her case. Will she have the right to a jury trial on her DUI case?

Fanny

Toms River, NJ

For misdemeanor cases such as first or second DUI charge, the case will be in either a municipal or district court of the county where your daughter was arrested. In Toms River, New Jersey, there is no right to a jury trial in either a municipal or district court. If one of these courts hears your daughter’s case and she exercises her right to have a trial, then she will have a bench trial. A bench trial is a trial before a judge only and there in no jury. If she chose to have a trial in either a district or municipal court and is convicted, she has a right to appeal that conviction to a circuit court of the county she was arrested for a new trial.

In order to perfect her right to a DUI conviction from a district or municipal court, she must file a notice of appeal within 14 days of conviction and post an appeal bond. If she does not file within the time allotted, she forfeits her right to any appeal. She is entitled to a jury trial in circuit court. If she loses in circuit court, she can always appeal that decision to the New Jersey appellate courts.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My sister has been convicted for DUI here in Jersey City, New Jersey and she was mandated to attend a DUI School. What is the importance of attending a DUI school for DUI offenders?

Tamara

Jersey City, NJ

In New Jersey, many courts are now establishing mandatory attendance of DUI schools for those convicted of DUI. The court may reduce your sister’s penalties and/or sentence if she successfully completes DUI School. One other positive thing on completing such course work is that it can reduce the number of points placed on her driver’s license from her DUI conviction in Jersey City, New Jersey. As a result, she may have her driving privileges reinstated sooner and her insurance carrier may lower her rates. Another reason for her to consider DUI School is that it can reduce her fines.

While it can save her money in some ways, however, it is going to cost her money, too. The cost really depends on the severity of her conviction and what the program entails. Time is another disadvantage because the minimum time requirement is 12 hours. Her class may last one day or for a few partial days. The goal of DUI School is to educate a person convicted for DUI on the effects that alcohol and/or drugs have on a person’s body.

Tags: drunk driving laws, DUI, DUI advice

Reader’s Question:

I have never been arrested for DUI but I know some people who have already been charged for DUI here in Camden, New Jersey. I’m just curious about these field sobriety tests that the police officers are asking the people suspected of DUI to do. Could you give some examples of these tests?

Valerie

Camden, NJ

If a police officer in Camden, New Jersey has a reason to suspect there is a problem, he/she may pull you over to investigate and make sure you are not driving under the influence. If this happens, the officer will execute several tests like field sobriety tests (FST) to ensure your safety and the safety of other drivers.

The Horizontal Eye Test is an example of FST. During this test, the officer will ask you to follow his/her finger using only your eyes and not moving your entire head. Another example is the Walk and Turn test. You must demonstrate the ability to walk at least nine heel-to-toe steps before turning around and returning to the officer and there needs to be a flat surface for the officer to request this test. One other FST commonly used is the One-Leg Stand. In this test, it also requires a level surface. You would be asked to stand on one leg for a short period of time with both hands at your side, and then you would have to switch legs.

Tags: drunk driving laws, DUI, DUI advice

Reader’s Question:

My son has a probable DWI conviction here in New Jersey. After the tests administered on him, his blood alcohol content level was at .11%. If he will be convicted what would be the penalties and how long would it be part of his driving record?

Olivia

Elizabeth, NJ

Driving While Intoxicated or DWI in New Jersey draws a lot of penalties which includes fines, charges and surcharges, imprisonment or mandatory counselling.

For a first time offender, since your son’s blood alcohol content (BAC) was .11%, if he will be convicted, the fine would be between $300 and $500. He can also have a jail term not exceeding 30 days. His driver’s license will be suspended for seven months to one year. Other fines would include a surcharge of $1,000 per year for three years to New Jersey Motor Vehicles Commission (NJMVC). There would also be payments of $200 to the DWI Enforcement Fund, $50 to the Violent Crimes Compensation Fund, $75 to the Safe Neighborhood Fund, and $200 for license restoration. He would also have to undergo counselling for 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC), which could cost $150, and extra payment if outpatient counselling is stipulated by the IDRC. The court may also order to have an ignition interlock device installed on his vehicle. A DWI conviction will become a permanent part of his driving record in New Jersey.

Tags: DUI, DWI lawyer

Reader’s Question:

I have just been charged with DUI here in New Jersey. I know that what I did was illegal that’s why my lawyer is doing everything to help me get out of this. But he didn’t assure me that I’m not gonna pay some fines; and that’s alright. I’m really worried about what will happen if I will be convicted. Aside from the penalties, what are the possible effects of DUI conviction in my life?

Jasper

Edison, NJ

If you will be convicted for DUI, aside from the penalties involved on a New Jersey DUI conviction, one of the most immediate consequences you will face involves your car insurance provider. Your insurance company might just cancel you and they will send you a notice stating why you’ve been cancelled. Then, you would have to find another insurance company while having a cancellation on your claims history and a DUI on your driving record. If your insurance company keeps you, you would have a raise on your premium rates. You would also have to file a proof of insurance or what is called the SR22 form. You have to carry the SR22 for three years.

Another aspect in your life that would be affected if you will be convicted for New Jersey DUI is your employment. There is no way around it if an employer would want to check your driving record or conduct a background check in general. Most likely, if this happens and if you are applying for a new job, the chances of getting hired by a company who would do a background check are very slim.

Tags: drunk driving insurance, DUI, DUI lawyer, insurance, SR22 insurance