Reader’s Question:

My cousin was arrested for DWI here in Irvington, New Jersey and he has a DWI conviction from another state. If he gets convicted again, would the conviction from another state count as a prior conviction for sentencing purposes and does he have to disclose it or would they just find out about it?

Isabel
Irvington, NJ

This has happened several times that a driver has prior DWI conviction or even convictions in another state. A DWI conviction in a sister state would also count as a prior conviction in the state of New Jersey for sentencing purposes. But an experienced DWI lawyer could always argue that the constitutional guaranties of the prior sister state DWI conviction is illegal. Therefore, a crafty DWI lawyer could always make arguments that the out of state DWI conviction should not count as a prior conviction.

Before your cousin will be sentenced for his DWI charge in Irvington, New Jersey, the Municipal Court judge should run his abstract and review it for prior DWI convictions. In some DWI cases, a prior out of state DWI conviction of a driver would not appear on the abstract. A DWI driver is obliged to be truthful and should inform the Municipal Court of his prior out of state DWI convictions. A lot of people convicted for DWI lie to the Municipal Court and refuse to disclose their prior out of state DWI convictions. They sometimes get away with it, but they sometimes are being busted. If he gets busted, then he may be indicted for perjury charges.

Tags: DWI, DWI arrest, DWI lawyer

Reader’s Question:

My brother got arrested for DWI in a school zone in Bayonne, New Jersey. If he gets convicted, are the penalties the same as in a DWI that’s not in a school zone?

Jason
Bayonne, NJ

Being arrested for DWI in a School Zone in the state of New Jersey is a strict liability offense. If your brother gets convicted for DWI in Bayonne, New Jersey and he was arrested in a school zone, his penalties will be harsher. This means that the fines and the length of the driver’s license suspension will be doubled. For a first DWI offense, the license suspension would be one to two years and for second time offense, the license suspension is two to four years; the fines and the jail terms are also doubled.

In general, the “school zone” provisions actually supply credit or provide a significant weight for the prosecution to obtain a DWI conviction. In many DWI cases, the prosecution could drop the “school zone” charge in return for a straight plea to the DWI charge. A motorist charged for DWI could not use the defense that since school was closed, that the area could not be considered a “school zone.” A motorist could be charged for this offense even if he is stopped in the middle of the night and there is no school in session.

Tags: drunk driving laws, DWI, DWI arrest, DWI lawyer, DWI penalties

Reader’s Question:

Hi, I’m here in Clifton, New Jersey and there are so many things that I want to know about the justice system, especially in DWI cases. In a DWI case in New Jersey, what is the State’s burden of proof?

Chuck
Clifton, NJ

If you will be charged with DWI in Clifton, New Jersey, the State must prove your guilt “beyond reasonable doubt,” and that is the highest burden of proof in the justice system. The lowest burden of proof in a DWI case would be the probable cause. This is just like receiving a ticket that you disagree with (as opposed to not just liking the fact that you received a ticket). This level of proof means that you have a 50-50 chance that you violated the law, but is all the officer need to arrest you.

The highest burden of proof would be proving your guilt Beyond a Reasonable Doubt. One’s freedom is on the line and the judge should have a lot of evidence that you were really driving while intoxicated before they could find you guilty. This may seem simple, but it’s extremely convincing manner of making a jury understand just how much evidence is required before they could convict a person, thus branding them a criminal for the rest of their lives.

Tags: DWI, DWI lawyer, DWI trial

Reader’s Question:

I have a DWI charge in Passaic, New Jersey and I want this over and done with. Can I just plead guilty to the charge or I still have an option on this?

Prince
Passaic, NJ

I understand that you just want to plead guilty real quickly on your DWI case in Passaic, New Jersey just to get the case over with. But here’s the ultimate advice that I can give you-don’t plead guilty until you have at least carefully reviewed the discovery. You could be surprised as to the amount of errors that were made by the police in your DWI case so you have to review the discovery. For example, the breathalyzer certificates could have expired or the breathalyzer inspection certificates could indicate that the breathalyzer could have been malfunctioning around the time of your DWI arrest. Another instance is that the police reports could not substantiate that there was sufficient probable cause to justify the DWI stop of your case.

Also, you have to believe that there are many DWI cases wherein the paperworks are not prepared properly. Many police stations are overwhelmed with these paperworks and they just couldn’t keep up with the necessary information to convict DWI drivers. This would not be the case in all municipalities, but if you are a more fortunate DWI defendant, then the discovery and the paperwork could reveal that there are many viable defenses.

Tags: DWI, DWI arrest, DWI lawyer

Reader’s Question:

My uncle has just been charged with DWI here in Trenton, New Jersey. I’m doing some research to help him on his case and someone told me that there are certain things on the mouth that can cause to have higher blood alcohol content. Would you mind giving me an idea as to what these things are?

Mabel

Trenton, NJ

I don’t mind at all, Mabel, I’ll give you an idea about these things that cause higher blood alcohol content (BAC) so that you can help your uncle on his DWI case in Trenton, New Jersey. DWI breath testing machines ideally detect alveolar air of the deep lungs, which is loosely associated with blood alcohol level. But these breath testing machines could be “tricked” by latent alcohol in the mouth which is often caused by belching, burping or the recent use of cough syrup, breath spray, mouthwash or cold medicine.

When the breath testing machine gathers up the mouth alcohol rather than deep lung air, it would give BAC reading that is higher than the true BAC. This would become a particular problem for people who are arrested for DWI who have food impactions, dentures, denture adhesives, cavities, orthodontic work, braces or those who have food particles trapped between their teeth. All of these conditions actually tend to produce mouth alcohol.

Tags: blood alcohol, breath test, DWI, DWI lawyer

Reader’s Question:

My sister was recently charged with DUI here in Camden, New Jersey and she was told that she needs to get a DUI lawyer. How important is it to hire a DUI attorney who would defend her in her case?

Franklin

Camden, NJ

It is very important that you hire a DUI defense attorney to help your sister defend her DUI case in Camden, New Jersey. If she talks to a DUI attorney, the DUI attorney would analyze the facts of her DUI case and would give opinion about it. The DUI attorney can also discuss the approach that they could use to attack the case. The DUI attorney could be able to explain to her how he/she could protect her rights under New Jersey law, tell her what her options are and how the whole New Jersey judicial process works, so she would know exactly what happens.

Your sister would also learn how the DUI defense attorney would guide her through the court system and how he/she would champion her rights, using the attorney’s ingenuity and the options in the legal system to defend and protect your sister. The DUI attorney would review the complaint against her and would also go over the steps that were used to conduct the chemical and field sobriety tests against her to determine if they were valid and the DUI attorney would show her how the police officer’s testimony can be discredited.

Tags: DUI, DUI lawyer

Reader’s Question:

I often wonder how police officers in Edison, New Jersey determine that a driver is intoxicated when they conduct field sobriety tests such as the walk and turn. What hints are these officers looking for when they ask someone to take the walk and turn test?

Elbert

Edison, NJ

The walk and turn test is a standardized field sobriety test (SFST) that is considered a divided attention test. In doing this test, the person suspected of DWI takes 9 heel-to-toe steps, turns in a prescribed manner, take 9 heel-to-toe steps back, while counting the steps out loud. The steps in this test are taken down a straight line but if an actual line is not present, the person is instructed to walk down an imaginary line. The walking phase divides the individual’s attention between keeping his/her balance, taking the proper number of steps, counting out loud and turning in the prescribed manner while keeping the arms at his/her side.

Police officers in Edison, New Jersey are looking for eight specific hints that a driver is intoxicated when they administer the walk and turn test. These hints include the driver could not balance during instructions, starts too soon, stops while walking, doesn’t touch heel-to-toe, steps off line, uses arms for balance, loses balance on turn or turns incorrectly and takes the wrong number of steps. According to original research, the driver is intoxicated if two or more hints are present and this test has shown to be accurate 68% of the time.

Tags: DWI, DWI lawyer, field sobriety tests

Reader’s Question:

I haven’t been arrested for DWI so I don’t know what happens in a DWI arrest. Could you please describe to me how the law works in Union, New Jersey and tell me what happens in a DWI arrest?

Damarion

Union, NJ

In a DWI arrest in Union, New Jersey, the police officer would determine that there is a reasonable suspicion for an initial traffic stop of a driver. After a contact with the person is initiated, the officer develops probable cause to arrest the person for DWI. More specifically, a set of field sobriety tests could be administered if the officer has reason to believe that the person is impaired. The driver will be arrested for DWI if he/she performs poorly and will then be transported to the police station.

At the police station, the driver will be asked to submit to a chemical test to determine his/her blood alcohol concentration (BAC). Chemical tests are usually being conducted through blood, breath or urine test. A person is often asked to take a breath test but the police officer could request a blood specimen. If the person refuses to provide a specimen, or provides a specimen with a BAC level above the legal limit of .08%, the officer will serve the driver with a Notice of Suspension and confiscates the driver’s license.

Tags: advice, DWI, DWI arrest, DWI lawyer

Reader’s Question:

A friend of mine who is from outside the state visited us this summer but unfortunately charged with DUI here in Wayne, New Jersey. If in case he will be convicted for DUI, does that mean that his home state driver’s license would also be suspended?

Callie

Wayne, NJ

After your friend’s DUI arrest in Wayne, New Jersey, he would be bound by New Jersey DUI law when it comes to possible conviction for DUI. But even though that is the case, it would be very important to remember that his driving privileges do not arise out of a license issued in New Jersey since he is from outside the state. In other words, since he has an out of state license and was charged with New Jersey DUI, all that New Jersey could do is enforce his DUI case and limit his ability to operate a motor vehicle within New Jersey.

If he would be convicted for DUI, he would be subject to New Jersey’s penalties for conviction. But with regard to his license suspension, New Jersey could just revoke his right to operate a motor vehicle within New Jersey. The New Jersey Courts do not have authority to decide what would happen in terms of his license to drive in his home state. The impact, if any, that a New Jersey DUI conviction on his license in his home state is left to the Division of Motor Vehicles of his home state.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

I got charged for DUI in Vineland, New Jersey at a DUI roadblock. I’m not very aware with this kind of a traffic stop. Are these DUI roadblocks really constitutional?

Breanna

Vineland, NJ

Many people actually question the fairness of DUI roadblocks. These questions are understandable given the random nature of a DUI roadblock encounter. Not much to our surprise, the state of New Jersey has formulated technical procedures to safeguard against unreasonable detention and seizure stemming from DUI roadblocks.

It would be unconstitutional to stop and detain a motorist in the absence of distinct suspicion that the motorist is unlicensed, the vehicle is unregistered or the vehicle or the driver is otherwise subject to seizure for traffic violation. In the same manner, DUI roadblocks are unconstitutional in the absence of safeguards such as warnings to motorist of the anticipated DUI roadblock and identified procedures for ensuring supervisory control of DUI checkpoints. DUI roadblocks would be valid if the location of the DUI checkpoint is appropriate based on historical arrest rates at the location, there is participation in command and supervision, notice of the DUI checkpoint is published to provide motorist with notice and public safety and awareness would be foster by the DUI checkpoint. Given these rigorous requirements which must be complied with by the police in conducting a DUI roadblock, a DUI lawyer would be invaluable in defending you in your DUI charge in Vineland, New Jersey.

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