I got charged for DUI in 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.

I don’t know if I would consider my DUI charge here in New Jersey seriously. Is it essential for me to hire a DUI lawyer and if so, how do I choose the right lawyer?

Flynn

East Orange, NJ

First of all, it is very important that you consider your DUI charge in East Orange, New Jersey seriously. DUI defense is a highly specialized area of criminal defense and is quite complex. Having a very experienced DUI defense lawyer on your side could make a huge difference in the outcome of your DUI case. This is the reason why it is very important that you hire an experienced DUI defense lawyer to help you on your DUI case.

The issue of choosing the right DUI lawyer is a major concern for people charged with DUI who are in search for a good DUI lawyer. You have to choose a lawyer who primarily practices in DUI defense field. DUI is a very complex subject that a general practitioner would find it hard to deal with. Make sure as well that the lawyer has taken many DUI cases to trial and won. He/she must have complete knowledge of any equipment used for testing and spends enough time with clients for consultation. The DUI lawyer should also thoroughly investigate all the facts from the beginning to end of your DUI case.

We feel that my brother’s DUI charge here in New Jersey is not a hopeless case. We are trying to plot all the possible defenses to help him on his case. Could you help us figure out the things that he can use as DUI defenses?

Neil

Union City, NJ

It’s a good thing that you don’t feel hopeless about your brother’s DUI case in Union City, New Jersey. DUI has life-changing legal penalties involved and it is never easy to face. But still, your brother has many DUI defenses available to him. He can build a defense that will help him succeed in court with proper legal guidance. There are multiple ways in which a person can contest his/her DUI charges.

One of which is if the radio frequency interference has led to inaccurate breath tests results. Radio frequency from police radios could cause breath alcohol test results to be higher than they actually are. There are other factors that can lead to inaccurate breath test as well, including mouth wash, inhalants, food consumption and asthma. Another thing is if your brother was not read his Miranda Rights. When the police officer placed him under arrest, the officer should have read him his Miranda Rights. Your brother has the right to remain silent and the right to an attorney. If the officer failed to read him his Miranda Rights, anything he may have said may be inadmissible in court.

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.

A friend of mine has been charged with DUI here in Clifton, New Jersey and this is her first arrest. I have warned her several times not to drink and drive but still, she didn’t listen. What are the penalties involved if she will be convicted on her DUI charge?

Jean

Clifton, NJ

Drunk driving is one among the biggest killers in the country that’s why the state of New Jersey has strict laws with regard to DUI. If your friend will be convicted because of her DUI charge in Clifton, New Jersey, this can drain her financial resources and impair her ability to work.

In New Jersey, a first time offender has to pay fines of not less than $250 nor more than $400. She would also have to spend 12 to 48 hours in Intoxicated Driver Resource Center (IDRC). She can also have a jail term of 30 days. Her driver’s license would also be suspended for three months. There would also be a New Jersey Motor Vehicles Commission (NJMVC) surcharge of $1,000 per year for three years and 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.

Make sure that your friend hires a New Jersey DUI lawyer to help her defend her DUI case. DUI is a very serious criminal offense, so with the expertise of a DUI lawyer, she can have her charges reduced or better yet, have those charges dropped.

I understand that it would be very expensive to get over with a DUI charge. Having the services of a DUI lawyer and fees after conviction could be very costly. My wife has been charged for DUI here in New Jersey and the emotional and financial burden isn’t just on her part. If she will be convicted with DUI, what are the fines that are involved?

Franklin

Elizabeth, NJ

New Jersey Law considers DUI cases serious misdemeanors. Therefore, there are stiff penalties associated with the crime, both legally and financially. The services of a good DUI lawyer should be immediately sought.

First time DUI offenders face disciplinary charges that involve fines up to $500, a drunk driving enforcement fund surcharge of $100, court cost of $30, victims of crime compensation board penalties of $50, a safe neighborhood service fund surcharge of $75 and a physician’s fee of $25. For the first time offense, punitive charges are comparatively mild but are substantial spread over many fees.

The DUI offender is caught in a circle of penalties after being convicted. Consequences like fines, driver’s license suspension, probation, community service and counseling are part of daily living for the defendant for a long time. For example, in New Jersey and most states, insurance rates for convicted DUI drivers will increase 500 to 1000 percent above the premium paid before the conviction.

Financial burdens are also increased because most credit bureaus contain DUI convictions and hamper the ability to raise credit, as well as future prospects of employment.

My driver’s license was suspended because of a DUI charge. I wonder what will happen if I will be caught driving with a suspended license here in Trenton New Jersey? What are the consequences? Would there be any penalties?

Alvin

Trenton, NJ

If you will be caught driving in New Jersey while on a suspended driver’s license because of a DUI charge, it can have serious and inconvenient consequences. These would include a fine of $500 for the first offense. You will have a fine of $750 and jail time of up to five days for the second offense. For the third and subsequent offense, there would be a fine of $1,000 and jail time of 10 days. You will have an additional fine of $3,000 if you had unpaid surcharges. You are also facing an additional $500 fine if you don’t have an insurance, an additional license suspension of up to 2 years and jail time up to 90 days. You will have an additional jail time of 45 days if someone was injured in an accident.

For all of these offenses, you can lose your license for up to six months. After your current suspension has been served, the suspension is served consecutively.

Make sure you don’t get caught driving with a suspended license in New Jersey. Better yet, don’t drive at all with a suspended driver’s license because unfortunately, New Jersey does not issue hardship licenses or conditional licenses for drivers who have had their licenses suspended.