Once you’ve been stopped on suspicion of DUI and the police officer who made the stop determines that there is probable cause to arrest and charge you with DUI, you can either be held at the local jail until you pay a bail bondsman, or you can be released on your own recognizance (ROR). Obviously, the trauma of being arrested for DUI is a whole lot less damaging if you can leave the police station without having to spend even a few hours in jail. So, under what circumstances might you be lucky enough to qualify for being released on…Read More
What is a “Per Se” Law? Per se law with regard to DUI refers to driving with a specified level of alcohol or drug in your blood stream or specified level of alcohol in your breath. Regarding alcohol intoxication, Pennsylvania and New Jersey have determined that it is illegal to drive with a .08 or greater alcohol to blood concentration (BAC). This is the agreed upon BAC at which an average person would be rendered unfit to drive safely. How is a Per Se Offense Different than a General Impairment Offense of the DUI Statute? A basic DUI or driving…Read More
One month after being charged with a DUI and reckless driving, the prosecutor in Derek Lowe’s case decided that there was insufficient evidence to proceed with the charges. According to Lowe’s attorney, the arresting officer made numerous errors in the police report and was also mistaken about smelling the odor of an alcoholic beverage. Additionally, Lowe performed the field sobriety tests fairly well. Finally, there was no breath testing done, since Lowe refused [Keep in mind that this is not necessarily a good course of action in Pennsylvania or New Jersey – see article “Should I Refuse or Should I Blow”.…Read More
After any kind of arrest by law enforcement, including arrest on suspicion of DUI/DWI, the arresting officer must inform the arrested party of his or her rights as required by Miranda v. Arizona. What is a Miranda Warning and what are Miranda Rights? While there is no fixed language dictated by the Supreme Court, the arresting police officer(s) must advise the arrested party of 3 key facts: 1. the right to remain silent, under the Fifth and Fourteenth Amendments to the US Constitution 2. anything they say can and will be used against them in a court of law 3.…Read More
DWI laws across the United States have become increasingly tough over the years, and this is certainly true in New Jersey. Drivers within the state should therefore educate themselves on these laws to avoid lengthy license suspensions, heavy fines, and jail time. If you are facing a DWI charge in this state, it is highly recommended that you contact an experienced DWI attorney who is familiar with New Jersey laws. A qualified lawyer is the only person who can properly advise you on a defense for your case, and give you the best chance of reducing the penalties you are facing. Below is some…Read More
The numbers are out and it’s official. For the ninth straight year, the Pennsylvania State Police have set a record for DUI (driving under the influence) arrests. See Pennsylvania State Police: DUI Arrest Record Set Last Year. According to the statistics recently released, the state police arrested 17,695 people for DUI in 2010. This number of DUI arrests is up five percent from 2009. Nonetheless, arrests do not equal convictions. The number of convictions resulting from these arrests has not been published. There is no doubt that more than of a few of these DUI arrests did not ultimately end up as convictions…Read More
Is a DUI Different from a DWI? No. Most states have different terminology for drunk driving statutes. A Pennsylvania DUI is essentially the same as a New Jersey DWI. There are some differences between the wording of the PA and NJ laws against drunk driving and the penalties. However, a Pennsylvania DUI conviction will be viewed the same as a New Jersey DWI conviction in either state. Is the One Drink Per Hour Rule Reliable? No. Don’t rely on the “rule” of one drink an hour. Generally, one drink should be absorbed and eliminated from the human body in one hour. Nonetheless, more than one client of mine has…Read More
What is a Suspended License? Most US states view driving as a privilege. This is contrary to the belief held by many Americans that driving is an inviolable right that cannot be taken away from them, much like the right to bear arms. In fact, the Department of Transportation (DOT) or Motor Vehicle Commission (MVC) may suspend your license – that is, temporarily or indefinitely take away your driving privileges – for any of the below reasons, which may come as surprise to many: Refusal to submit to a field sobriety test or other chemical test such as blood, breath or urine, to detect…Read More
Getting arrested for a DWI in New Jersey can be overwhelmingly distressing. Considering the possible outcomes of a DWI charge, you are probably concerned about losing your driving privileges, having an ignition interlock device installed in your vehicle and the financial costs. You may also have concerns about the possibility of serving jail time, losing your job or increased insurance costs. With so much at stake, it’s quite natural for anyone to go through an emotional upheaval. To make matters worse, you face complicated procedures and complexities of New Jersey DWI law. Notwithstanding the effects of the charge you are facing, it may be hard…Read More
Most states have strict laws when it comes to traffic offenses. If you speed, run a stop sign, run a red light, cause an accident or engage in other risky or unlawful driving practices, you could end up with a hefty fine, points on your driving record and a license suspension. A Driving Under the Influence or Driving While Intoxicated charge is just one of many things that could cause legal problems for drivers who may end up with the suspension of driving privileges or time in jail. It is natural to think that you have a bit more freedom to bend…Read More