Reisig Criminal Defense & DWI Law, LLC

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NJ Police Seek Warrant For Blood Tests in Ex-Mayor’s Teen Son’s Crash

September 9, 2016 by Matthew Reisig

A late night crash in Warren County’s Washington Township resulted in a 19-year-old driver being airlifted to Morristown Medical Center. According to police reports, Kyle Dempski was driving at a high rate of speed westbound on Bowerstown Road when he appears to have lost control of the vehicle, smashing through mailboxes and garbage cans before his car struck a tree. Dempski is the son of Washington Township’s former mayor, David Dempski.

The extent of Dempski’s injuries was unknown in press reports, but police obtained a search warrant to test Dempski’s blood to establish whether he had been drinking. Because of his age, any result over .01% can be used to charge an underage driver with DWI in New Jersey, with potentially serious and costly consequences for years to come. Blood test results were pending, according to media reports several days after the accident.

DWI cases are different for young drivers, but the effects of a conviction can be far reaching. Inflated insurance rates, loss of their driver’s license, and heavy fines just at the time a young person is moving into a more independent mode of living can be devastating. If you or a loved one have been charged with DWI in New Jersey, get help right away from an experienced New Jersey underage DWI defense lawyer. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges. Call 732-625-9660 today and talk to a lawyer for free.

Filed Under: DUI Information

NJ Assemblyman Wants To Make Third DWI a Felony

September 9, 2016 by Matthew Reisig

Assemblyman Reed Gusciora (D-Mercer) has a plan that could upend New Jersey’s approach to prosecuting DWI offenses. Under his proposal, a first or second DWI charge would remain a traffic violation heard in municipal courts around the state, but when charged with a third DWI, the case would be graded as a felony and heard in Superior Court and argued by county prosecutors, rather than the part-time municipal prosecutors who currently manage the cases.

Under the proposal, the penalty for a third DWI in NJ would become a year in prison. Defendants would be ineligible for pre-trial intervention that might lessen the severity of the punishment. According to Gusciora, the legislation is needed because municipal courts are not equipped to deal with substance abuse issues, while Superior Courts have the tools and resources to better evaluate and address the status of repeat DWI offenders.

Today, conviction of a third DWI can result in a six month sentence in jail and a 10-year loss of your driver’s license. It is possible to fight back and win against DWI charges in the state. Call Matthew Reisig today at 732-625-9660 and talk to an experienced New Jersey DWI defense lawyer for free.

Filed Under: DUI Penalties

New Jersey Supreme Court Affirms: No Right To Jury Trial in DWI Prosecutions

September 9, 2016 by Matthew Reisig

A New Jersey man who challenged his fourth DWI conviction all the way to the state’s Supreme Court finally got a ruling last week. James Denelsbeck was facing a 180-day mandatory jail sentence, plus thousands of dollars in fees and fines. Because of the severity of the punishment, Denelsbeck requested a trial by jury, which was denied on the grounds that DWI cases are traffic matters, not criminal prosecutions.

Denelsbeck argued that the punishments for his conviction were comparable to those of a crime. The New Jersey Supreme Court disagreed, declaring that DWI prosecutions remain a matter for municipal courts. This approach to DWI is unique among the states, with most treating them as criminal matters. People convicted of DWI in New Jersey will not have a criminal record, but do face a number of penalties over a period of years when they are convicted.

There are defenses for DWI charges in New Jersey. If you’ve been charged with drunk driving, talk to an experienced DWI attorney today. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges. Call 732-625-9660 today for a free consultation.

Filed Under: DWI Information

Do Media Reports of New Jersey DWI Arrests Violate Your Rights?

September 9, 2016 by Matthew Reisig

One of the most common questions people have when they’re facing DWI charges is whether they’ll have a criminal record if they’re convicted. The answer is no, but that doesn’t mean they’ll face no scrutiny. Drunk driving charges in New Jersey are technically classified as traffic infractions, but the degree of public interest, not to mention punishment if you’re convicted, push it into a quasi-criminal realm. Your local paper is unlikely to include reports of traffic tickets in its coverage of the local police blotter, but a New Jersey DWI arrest does make the cut.

Media reports of an arrest are typically not a violation of your rights or actionable on your end, but they do raise the question of whether DWI is properly categorized in the state. Punishment for DWI, especially when a driver has had previous arrests for driving drunk, look increasingly like the penalties a criminal defendant would face for a variety of charges we prosecute in the state every day, but in a DWI case, defendants aren’t even entitled to make their case to a jury.

Drunk driving charges are tough for you, your family, and your career. You can lose your license for months or years, pay huge fines, and even face jail time. While the media is free to report the arrest, and you’ll likely have to explain it in some difficult situations down the line, you can fight back and win. Matthew Reisig has helped more than 1,040 drivers in New Jersey avoid conviction in their DWI cases. Call 732-625-9660 today for a free consultation.

Filed Under: DWI Information

New Jersey 20-Year-Old Will Live With DWI For Years

August 25, 2016 by Matthew Reisig

A 20-year-old Wantage woman who was stopped for speeding is facing charges that may have a lasting impact on her life. Emmi N. McAuliffe-Uchida was pulled over the night of April 28 after police witnessed her speeding on Route 15. The responding officer believed she might be intoxicated, and performed a series of field sobriety tests, which she failed. She was arrested and charged with DWI, speeding, and careless driving, and released later to a sober adult.

What most people don’t realize is that the rules for drivers who are under 21 are different. Instead of a .08% BAC threshold, minors who are suspected of DWI in New Jersey can be charged if their BAC is .01% or higher. This creates a high risk of charges for young people who have even a single drink, or less.

And the results can be devastating. Not only will you lose your license if convicted, but many auto insurance companies won’t write policies for underage drivers who’ve had a DWI, even years later. The costs associated with a conviction before your 21st birthday can be high and long lasting.

If you have a young driver in your life who’s been charged with DWI, take every step you can to keep their record clean. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges. Call 732-625-9660 today and talk to an experienced New Jersey DWI defense lawyer for free.

Filed Under: General Information

NJ Public Safety Official In Hot Water Over DWI Interference

May 17, 2016 by Matthew Reisig

Bergen County Public Safety Director Ralph Rivera, who spent nearly 30 years as a state trooper, has been suspended with pay after a report that he tried to intervene in a DWI stop in Hackensack in March.

According to the police report, Rivera appeared on scene shortly after his friend Francisco Almonte was pulled over for failing to use a turn signal around 3:30 in the morning.

Rivera interrupted Officer Andrew Kara a total of four times, repeating his law enforcement credentials in an effort to keep his friend, Almonte, from being arrested.

Officer Kara explained that he would treat the situation the same as any other, and the incident eventually made it back to Rivera’s Bergen County bosses, who launched an investigation through the Bergen County Prosecutor’s office.

Almonte, whose blood alcohol level was ultimately recorded at .03%, has pleaded not guilty to the charges, while Rivera’s future remains in doubt. Rivera will be called as a witness in Almonte’s trial.

Every DWI case has defenses. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges.

Call 732-625-9660 today and talk to an experienced New Jersey DWI defense attorney for free.

Filed Under: DWI Information

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Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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