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Can I Ask The Court To Assign Me To Community Service In NJ Instead Of Paying DUI Fines If I Can’t Afford Them?

April 15, 2014 by Matthew Reisig

If you’ve been arrested for a DWI in New Jersey and are worried about the financial burden of the fines, you might be wondering if there’s an alternative.

Specifically, you might be asking if you can perform community service instead of paying fines. The reality is that while you can ask the court, the chances of completely replacing fines with community service are slim. New Jersey courts are stringent with DWI penalties and prioritize collecting fines. However, there are ways to manage these penalties, and having an experienced attorney by your side can make a significant difference.

The Rigid Nature of DWI Penalties in New Jersey

New Jersey law is strict when it comes to DWI penalties. The fines are set, and the court has limited flexibility in altering these penalties. This rigidity means that even if you request to do community service instead of paying fines, the court is unlikely to grant such a request. The state has a vested interest in collecting the money associated with DWI fines, which are used for various state funds and programs related to drunk driving prevention and enforcement.

Payment Plans: A Viable Option

While you may not be able to avoid fines entirely through community service, New Jersey courts understand that not everyone can pay large sums upfront. If you cannot afford to pay your fines in a lump sum, the court will typically work with you to establish a payment plan. This plan allows you to pay off the fines over time, making it more manageable. However, it’s important to note that these plans usually include interest, which means you could end up paying more over the long run.

The Role of Community Service

Even though community service cannot replace fines, it is often a part of the sentencing for DWI offenses. The court might order you to perform a certain number of community service hours in addition to paying fines. This community service is intended to be a supplementary punishment rather than a substitute. It’s crucial to comply with these orders to avoid additional legal troubles.

The Importance of Legal Representation

Navigating the complexities of DWI penalties in New Jersey can be challenging, especially if you are unfamiliar with the legal system. This is where an experienced attorney can make a significant difference. Reisig Criminal Defense & DWI Law has been a trusted legal advisor in New Jersey for nearly 30 years. They have a deep understanding of DWI laws and can help minimize your liabilities.

The attorneys at Reisig Criminal Defense & DWI Law can work to reduce your fines, negotiate better payment terms, and potentially lower your community service hours. Their expertise can also help identify any procedural errors or weaknesses in the prosecution’s case, which could lead to reduced charges or even a dismissal.

Practical Steps You Can Take

Consult an Attorney: Before making any decisions, consult with an experienced DWI attorney. Reisig Criminal Defense & DWI Law offers free consultations, allowing you to understand your options without any financial commitment.
Explore Payment Plans: If you can’t afford to pay the fines upfront, work with your attorney to establish a feasible payment plan with the court.
Complete Community Service: If sentenced to community service, ensure you complete the required hours promptly to avoid additional penalties.
Stay Informed: Keep yourself informed about your case’s progress and any additional requirements imposed by the court.

Get First-Rate Help With Your DWI

Facing a DWI charge in New Jersey can be daunting, especially when considering the financial and personal repercussions. While replacing fines with community service is unlikely, there are ways to manage the penalties more effectively. Reisig Criminal Defense & DWI Law has been helping individuals navigate these challenges for almost 30 years, offering expert legal advice and representation. By consulting with their experienced team, you can minimize your liabilities, save money, and reduce the overall impact on your life.

If you’ve been arrested for a DWI, don’t face it alone. Contact Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation and learn how they can help you manage the penalties and navigate this difficult time.

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Will I Lose My License In My Home State If I Got A DWI While Visiting New Jersey?

April 10, 2014 by Matthew Reisig

Getting arrested for DWI while visiting New Jersey raises many questions, especially if you’re an out-of-state driver.

One of the biggest concerns is whether your home state will suspend your license. The answer depends on the laws of your home state and how they respond to out-of-state DWI notifications.

New Jersey’s Role in Out-of-State DWI Cases

When you’re convicted of DWI in New Jersey, the state reports the violation to your home state through the Interstate Driver’s License Compact. However, what happens next varies widely. Some states impose reciprocal penalties, meaning they will suspend your license for the same period as New Jersey. Others may choose not to enforce additional penalties, particularly if the DWI doesn’t meet their own threshold for action.

One unique aspect of New Jersey’s DWI laws is that the offense is not classified as criminal. In many states, DWI can be a misdemeanor or felony, but in New Jersey, it’s considered a traffic violation. This distinction can sometimes benefit out-of-state drivers, as some states lack the resources to enforce out-of-state traffic violations unless they carry criminal penalties.

How a DWI Can Impact Your Home State License

If your home state decides to take action, the penalties can vary. States like New York and Pennsylvania are known for enforcing reciprocal penalties, while others may not. However, even if your home state doesn’t suspend your license, the DWI conviction will remain on your driving record and can lead to increased insurance premiums, points on your license, and potential employment consequences.

It’s crucial to understand how your home state handles out-of-state DWIs and work with an experienced New Jersey attorney who can help mitigate the impact.

Why You Need a Skilled New Jersey DWI Attorney

Dealing with a DWI in a state you don’t live in can be overwhelming. The legal proceedings, potential penalties, and coordination between New Jersey and your home state make the process complex. This is why hiring a skilled New Jersey DWI attorney is essential.

Reisig Criminal Defense & DWI Law has nearly 30 years of experience handling cases like yours. The team is familiar with New Jersey’s DWI laws and understands how to navigate the legal system to protect your rights. Whether it’s challenging the validity of the stop, questioning the accuracy of breathalyzer results, or negotiating with prosecutors, Reisig Criminal Defense & DWI Law is committed to fighting for the best outcome in your case.

Protecting Your Rights from Afar

If you’ve already returned to your home state, Reisig Criminal Defense & DWI Law can still represent you. They work closely with clients to manage the case remotely when possible, minimizing the need for you to travel back to New Jersey. The firm understands the stress of dealing with a DWI from a distance and provides clear, consistent communication to keep you informed every step of the way.

Take Action Now

If you’ve been arrested for DWI while visiting New Jersey, don’t wait to seek legal help. A conviction could have far-reaching consequences, from license suspension to increased insurance costs. Reisig Criminal Defense & DWI Law has the experience, resources, and dedication to fight for your rights and help protect your driving privileges.

Call Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation. With nearly three decades of success, they are one of New Jersey’s most trusted and experienced DWI defense firms, ready to provide the support you need.

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Will I Have A Criminal Record If I’m Convicted Of DWI In New Jersey?

April 10, 2014 by Matthew Reisig

Luckily, no. Unlike nearly every other state, New Jersey treats DWI as a traffic matter, not a true criminal offense.

But make no mistake – jail time and hefty fines are two outcomes of a DWI conviction, so while you won’t have to worry about it showing up on criminal background checks in the future, you will see lasting impacts on your ability to purchase affordable car insurance, and if you work in a field that requires a CDL, a first-time DWI conviction in a passenger vehicle will keep you off the job for a year.

Fighting a DWI with Reisig & Associates can save you money for years to come, and keep all doors open to you professionally.

Call us today at 732-625-9660 and talk to an attorney for free.

Should You Refuse To Take The Sobriety Tests During A DWI Stop In NJ?

February 12, 2014 by Matthew Reisig

Here is a common situation:

A person gets arrested for DWI. The officer who pulled the individual said he or she was crossing the double yellow line. The individual knows they did not. After asking the individual questions about drinking, they answer yes, they had 3 beers. The officer orders the individual to exit the vehicle. He then directed the individual to perform two tests which were standing on one leg and counting to 30 and walking heel to toe for 9 steps and then back.

After the individual does the tests, which they believe they did satisfactorily, the officer handcuffs the individual and takes him or her to the police station. At the police station, the officer directed the individual to blow into a machine which they refused to do.

Should the individual have also refused to have done the tests outside their vehicle?

This DWI issue above relates to the significance or lack of significance, relating to the performance of field sobriety tests before a police officer charges an individual with DWI. The first fact to point out was not arrested for DWI. DWI is not characterized as a crime or criminal offense in New Jersey. It is the only state in the country that does not criminalize some form of DWI in its statute. Therefore, the proper terminology is that the individual was charged with DWI and taken into custody.

The individual states that they answered the police officer’s questions honestly related to prior alcohol consumption. In this circumstance, that was a mistake. An individual who had been drinking and who is pulled over for a DWI investigation should not be honest with the police officer about prior alcohol consumption.

The police officer has no ability to determine what the driver was doing at any point prior to the officer’s first observation of the individual’s motor vehicle on the roadway. Once the individual admits to prior alcohol consumption, there is an overwhelming likelihood that the officer is going to charge that person with DWI. Consequently, an individual should never admit to prior alcohol consumption when asked by a police officer who is investigating them for drunk driving.

During an investigation for DWI, a police officer will always ask an individual to perform field sobriety tests. Most police officers are not certified to conduct what are known as the “Standardized Field Sobriety Tests.” These are Horizontal Gaze Nystagmus (HGN), the One Leg Stand, and the Walk and Turn test. These Standardized Field Sobriety Tests are promulgated by the National Highway Traffic Safety Administration (NHTSA). Rather, most police officers are given informal training at a police academy and on the job, which is not equivalent to the Standardized Field Sobriety Tests.

Therefore, most police officers administering field sobriety tests are merely subjectively using these tests to determine probable cause for charging an individual with DWI. It must be emphasized that officers who are not trained in the Standardized Field Sobriety Tests are not evaluating the tests with a prescribed set of objective evaluation criteria.

However, some police officers are trained in the Standardized Field Sobriety Tests as promulgated by NHTSA. If the officer has this specialized training, which requires a 5 day, 40 hour course and testing pursuant to the course description, the officer will always utilize the HGN, One Leg Stand, and Walk and Turn tests. These tests can only be objectively evaluated if they are administered in a standardized fashion.

A person cannot objectively successfully perform field sobriety tests unless these standardized tests are properly administered. Simply put, proper performance is dictated by proper administration of the tests. Even experienced police officers who are certified to conduct the Standardized Field Sobriety Tests fail to properly administer such tests. They take short cuts or forget or overlook the standardized instructions.

A top DWI attorney will immediately point out such deficiencies in discovery process of a DWI or on a videotape of the field sobriety tests provided during the discovery process. Very few DWI defense attorneys are certified in the Standardized Field Sobriety Tests. I became certified in such tests in 2002.

In the opinion of any expert who has ever seen me cross examine a police officer concerning field sobriety testing, no New Jersey defense attorney has ever cross-examined police officers concerning these tests than I have. Indeed a cross-examination that I conducted in a DWI trial in a Camden county municipal court in 2006 was actually used as the model for how cross-examine on HGN by another attorney in a Superior Court challenge to HGN.

In the scenario above, the individual felt that they had “satisfactorily” performed the field sobriety tests. There is no ability for a person to make such a conclusion unless they know the experience level of the police officer who is administering these tests. For instance, a police officer not trained in the Standardized Field Sobriety Tests has absolutely no ability to even evaluate a suspect’s performance on field sobriety tests.

The police officer would have no ability or frame of reference to even make such an evaluation. Therefore, the suspect actually performing the balance tests would have no ability to ever determine how the police officer is evaluating the field sobriety tests.

In the event that the police officer is certified in Standardized Field Sobriety Tests, the suspect would have no meaningful ability to determine their own performance unless they were also qualified in the proper administration of the Standardized Field Sobriety Tests.

The bottom line is that field sobriety tests are utilized by police officers in determining probable cause to charge an individual with DWI. In most cases, it is complete guess work on the part of the police officer who is actually administering these tests. The individual suspected of DWI is merely providing evidence against themselves by agreeing to perform the field sobriety tests.

There is no requirement that an individual requested to perform field sobriety tests is obligated to do so. There is no charge for failing to perform field sobriety tests. It simply does not exist. The individual being investigated for DWI feels that they are cooperating with the police by performing such tests. In actuality, the individual suspected of DWI is merely providing evidence against themselves.

Therefore, an individual being investigated for DWI should never perform field sobriety tests at the request of a police officer. Unless you are the world’s best drinker, or an Olympic gymnast, or a professional athlete, you are going to be charged with DWI after you perform these tests. I would than an intoxicated Olympic gymnast and an intoxicated professional athlete would probably also unsuccessfully perform the field sobriety tests. Let us reiterate the overall answer to this question: do not perform field sobriety tests when asked to do so by a police officer.

If you are facing a DWI charge in New Jersey, contact Reisig Criminal Defense & DWI Law at 732-625-9660.

Is An Ignition Interlock Device Required In NJ If You Are Convicted of DWI?

February 6, 2014 by Matthew Reisig

If you’ve been arrested for a DWI in New Jersey, you might be wondering about the consequences, especially regarding the use of an Ignition Interlock Device (IID).

Understanding when an IID is required can help you prepare for the potential outcomes of your case.

When is an IID Mandatory?

In New Jersey, the requirement for an IID depends on your Blood Alcohol Content (BAC) at the time of arrest and whether you have prior DWI convictions. For a first offense, if your BAC is .15% or higher, the court must order the installation of an IID after you have served the mandatory suspension period. This device prevents your vehicle from starting if it detects alcohol on your breath.

If your BAC is below .15%, or if you refused to provide a breath sample, the use of an IID is at the discretion of the municipal court judge. While not mandatory, the judge may still decide to require it based on the specifics of your case.

For second, third, and subsequent offenses, the IID is mandatory upon conviction and must be installed after serving the suspension period. These stricter penalties reflect the state’s commitment to reducing repeat offenses and improving road safety.

How Does an IID Work?

An IID requires you to blow into it before you can start your vehicle. If the device detects a BAC above the preset limit of .05%, it prevents the engine from starting. Once the vehicle is running, the IID will prompt you to provide additional breath samples periodically while driving to ensure continuous compliance.

The IID remains in your vehicle for a period determined by your offense level. For first-time offenders with a high BAC or who refused the breath test, the IID typically remains for a few months. For repeat offenders, the duration is longer, reflecting the increased risk they pose.

Maintenance and Costs

There are nine approved IID installers in New Jersey. If you are required to have an IID, you’ll need to visit one of these installers to have the device installed in your vehicle. The device must be calibrated every 30 days to ensure it is functioning correctly. This requires regular visits to the installer, during which you’ll pay a monthly lease fee for the device.

The costs associated with the IID can add up. Besides the installation and monthly lease fees, you might also incur charges for calibration and any maintenance needed to keep the device in working order. However, these costs are considered a necessary investment in preventing further legal issues and ensuring compliance with your sentencing requirements.

Increased Penalties and Refusal Convictions

Since January 14, 2010, New Jersey has enforced stricter penalties regarding the use of IIDs. All individuals convicted of refusing to provide a breath sample are subject to IID requirements, regardless of whether it’s their first offense or a subsequent one. This includes first offenders with a high BAC, second offenders, third offenders, and beyond.

These measures reflect the seriousness with which New Jersey treats DWI offenses. The goal is to deter drunk driving and enhance public safety by ensuring that those convicted of DWI cannot operate a vehicle if they have been drinking.

Why You Need an Experienced DWI Attorney

Navigating the complexities of a DWI charge can be overwhelming. An experienced attorney can make a significant difference in the outcome of your case. Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey for almost 30 years. Our firm has successfully represented countless clients, helping them minimize penalties and, in some cases, avoid conviction altogether.

If you’re facing a DWI charge, don’t go through it alone. Contact Reisig Criminal Defense & DWI Law at 732-625-9660. We offer expert legal advice and representation, ensuring you understand your options and have the best possible defense. Let us help you navigate this challenging time and work towards a favorable outcome.

If you wish to avoid a conviction for DWI, get the best attorney you can find – call us at 732-625-9660 and tell us what happened.

More Information About NJ DWI Penalties

Issues With A DWI Arrest In NJ For Drugs That A Psychiatrist Prescribed

February 4, 2014 by Matthew Reisig

A DWI arrest in New Jersey can be overwhelming, especially if it involves medications prescribed by a psychiatrist. Many people are surprised to learn that New Jersey’s DWI statute, N.J.S.A. 39:4-50, doesn’t only apply to alcohol but also includes intoxication caused by drugs. This includes narcotics, hallucinogens, and habit-forming substances. If your arrest stems from prescription medications, navigating the complexities of the law can be especially challenging.

How Prescription Medications Fall Under NJ’s DWI Law

New Jersey law makes no distinction between illegal drugs and some prescription medications when it comes to DWI charges. Even if your medication was lawfully prescribed by a psychiatrist, you could still face charges if the authorities believe it impaired your ability to operate a vehicle. Psychiatric medications, such as antidepressants, anti-anxiety drugs, and certain sleep aids, may be classified as habit-forming drugs, depending on their effects and how the prosecution interprets them.

The ambiguity surrounding what qualifies as a “habit-producing” drug adds another layer of complexity. Some medications prescribed by psychiatrists may be argued as non-habit-forming, making it critical to have a knowledgeable DWI attorney on your side to navigate these legal gray areas.

Why Prescription Drug DWIs Are Harder to Prove

Unlike alcohol-related DWIs, which rely on clear evidence such as breathalyzer results, drug-related DWI cases present unique challenges for the prosecution. There’s no “prescription drug breathalyzer” to measure impairment, and blood or urine tests often cannot definitively prove intoxication at the time of driving.

For these reasons, drug-related DWIs are among the hardest cases for municipal prosecutors to prove. The law requires clear evidence that the driver’s ability to operate the vehicle was impaired. This often involves testimony from a Drug Recognition Expert (DRE), who evaluates signs of impairment. However, DRE evaluations can be subjective, making them vulnerable to cross-examination by an experienced defense attorney.

The Importance of an Experienced DWI Attorney

If you’ve been arrested for a prescription drug-related DWI, the best decision you can make is to hire an experienced DWI attorney. These cases require a nuanced understanding of both New Jersey’s DWI laws and the science behind drug intoxication.

Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms for nearly 30 years. With a track record of defending clients against complex DWI charges, including those involving prescription medications, they have the expertise needed to build a strong defense. Their approach includes analyzing the specifics of your case, challenging the evidence, and presenting expert witnesses to dispute claims of impairment.

Building a Strong Defense

Successfully defending against a prescription drug DWI charge often involves three critical components:

Expert Witnesses: An expert witness, such as a pharmacologist, can testify about the effects of the prescribed medication and whether it likely caused impairment.
Prescribing Doctor: The testimony of your psychiatrist can clarify why the medication was prescribed and how it should affect your ability to drive.
Challenging Evidence: An experienced attorney will scrutinize the DRE evaluation, any blood or urine test results, and the circumstances of your arrest to identify weaknesses in the prosecution’s case.

Why Choose Reisig Criminal Defense & DWI Law?

With decades of experience and an impressive record of success, Reisig Criminal Defense & DWI Law has become a go-to choice for individuals facing DWI charges in New Jersey. Their deep understanding of the complexities of prescription drug DWI cases allows them to craft tailored defense strategies that maximize the chances of a favorable outcome.

Don’t face your DWI charges alone. Contact Reisig Criminal Defense & DWI Law today to get the guidance and representation you need. With their expertise, your prescription drug DWI case can be successfully defended. Call now to take the first step toward protecting your rights and your future.

Reisig Criminal Defense & DWI Law, LLC

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As seen on

Blog

The Rigid Nature of DWI Penalties in New Jersey

Payment Plans: A Viable Option

The Role of Community Service

The Importance of Legal Representation

Practical Steps You Can Take

Get First-Rate Help With Your DWI

More Information About NJ DWI Penalties

New Jersey’s Role in Out-of-State DWI Cases

How a DWI Can Impact Your Home State License

Why You Need a Skilled New Jersey DWI Attorney

Protecting Your Rights from Afar

Take Action Now

More Information About DWI’s, Our Thoughts and Strategies

When is an IID Mandatory?

How Does an IID Work?

Maintenance and Costs

Increased Penalties and Refusal Convictions

Why You Need an Experienced DWI Attorney

More Information About NJ DWI Penalties

How Prescription Medications Fall Under NJ’s DWI Law

Why Prescription Drug DWIs Are Harder to Prove

The Importance of an Experienced DWI Attorney

Building a Strong Defense

Why Choose Reisig Criminal Defense & DWI Law?

More Information About DWI’s, Our Thoughts and Strategies

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