Reader’s Question:

I am afraid that my DWI charge here in Camden, New Jersey would have great impact on my car insurance. Is it true that it can be cancelled once I get convicted?

Kale

Camden, NJ

There would be different costs that you would have to pay if you get convicted for your DWI charge in Camden, New Jersey. Aside from the penalties that would be imposed by the law, there would be a significant effect on your car insurance. You will receive insurance points on your driver’s license because of your DWI and so it could lead to losing your car insurance. You can also be turned down by other car insurance companies for a new coverage and if you find one that will insure you, the insurance would be higher that what you used to pay.

If your car insurance policy is cancelled by your current provider, you could see that seeking for another car insurance would be a challenge. A lot of car insurance companies don’t want to provide coverage to a person convicted for DWI. But this doesn’t mean that you can’t find a car insurance company to insure you. The new car insurance policy that you are trying to find could just be on this website so you can get a free quote here.

Tags: car insurance, car insurance policy, driver’s license, drunk driving insurance, DWI

Reader’s Question:

I have a DWI conviction here in Clifton, New Jersey and I’m working my way to clear it. What could be the consequences if I don’t clear my DWI record?

Daniel

Clifton, NJ

Even a misdemeanor DWI charge in Clifton, New Jersey would show up on your criminal records so it’s good that you are working your way to clear it. Although, a felony DWI conviction is obviously more serious, an average person who would see your record would simply note “DWI” and that could limit your opportunities based on that fact alone. Let me also remind you that both the Department of Motor Vehicles (DMV) would have your criminal record on file so you need to clear both records for you to truly clear your name.

If you don’t clear your DWI record, that could easily affect your future job prospects and your housing situation, even your voting rights and educational loans. When prospective landlords and employers do a background check, they would find your DWI criminal record unless you work to clear it. You may also have difficulty getting an auto insurance but there are still some auto insurance companies willing to give you coverage like the one who could offer you online rate quote from this website.

Tags: auto insurance, DMV, drunk driving laws, DWI, DWI lawyer

Reader’s Question:

Aside from DWI, my brother was also charged with other crime when he was arrested here in Vineland, New Jersey. How can I convince him to hire a DWI lawyer to help him on his defense? Also, can a lawyer get one of the two charges in DWI dropped?

Helena

Vineland, NJ

If your brother is being charged with other crimes such as a hit and run or resisting arrest in addition to his DWI charge in Vineland, New Jersey, he definitely has to hire a lawyer. You can convince him in doing so if you explain to him that the additional charges complicate things and increase the maximum and minimum possible penalty and a lawyer is better equipped to negotiate deals in these cases including potential dismissals of certain charges.

But do not be fooled by DWI lawyer who are claiming that they could get one of the two charges in a DWI dropped. All DWI, assuming there was a breath or blood sample given that tested at or above 0.08%, consists of two kinds of charges. The first one is that the DWI suspect was “under the influence” and the other one is that the blood alcohol content was at or above a 0.08%. A person could not be sentenced for both charges by law so getting one of them dismissed is no great feat.

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

Reader’s Question:

How many years does a DUI or DWI remain on your driving record in Irvington, New Jersey?

Beth

Irvington, NJ

The New Jersey Motor Vehicle Commission (MVC) states that a person with a BAC of 0.08% or greater who drives a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious violation, with heavy penalties including:

• Fines, fees and surcharges
• Jail time
• Community service

The mandatory fines and penalties associated with a drunk driving for a BAC .10% or greater are:

• loss of license for 7 months to 1 year
• up to 30 days imprisonment
• 12 - 48 hrs IDRC - Intoxicated Driver Resource Center
• $300 - $500 fine
• $100 to drunk driving fund
• $230 IDRC fee
• $100 to AERF - Alcohol Education and Rehabilitation Fund
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund

A DUI with a BAC of greater than .08% but less than .10% comes with penalties of:

• license lost for 3 months
• up to 30 days imprisonment
• 12 - 48 hrs IDRC - Intoxicated Driver Resource Center
• $250 - $400 fine
• $230 IDRC fee
• $100 to drunk driving fund
• $100 to AERF - Alcohol Education and Rehabilitation Fund
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund

As for how long the DUI offense stays on your Irvington, New Jersey driving record, according to the New Jersey MVC in New Jersey a DUI conviction will stay a permanent part of your New Jersey driver record.

Tags: DUI, DWI insurance, traffic violation

Reader’s Question:

What happens if I don’t inform my auto insurance company that I am cancelling my policy with them? I don’t want to deal with them anymore since they raised my premiums after my DWI arrest here in Toms River, New Jersey.

Jalon

Toms River, NJ

There are two significant things that you have to know if you do not inform your auto insurance company of your decision to terminate your policy after they increased your rate when you were arrested for DWI in Toms River, New Jersey, even if it is at the end of your policy period. The first thing is that the auto insurance company would send you a bill for your next premium payment. Second is that when they don’t hear from you, the auto insurance company would formally cancel your policy because you failed to pay your premiums on time - and that will go on your credit report.

If your auto insurance policy would be cancelled, it could haunt your insurance future. Cancellation would be a red flag for insurance companies looking at prospective customers. If an insurance company sees on your claims history that you have recently been cancelled, even if your credit rating is good, that could be the basis for denying your coverage or charging you a steep rate as a risky applicant. So make sure that you cancel your policy properly by informing your insurer and I am sure that you are looking for an auto insurance company now that would give you coverage so try to get an online rate quote available from this website.

Tags: auto insurance, DWI, DWI arrest

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:

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