Reisig Criminal Defense & DWI Law, LLC

DUI Defense For Every County In The State Of New Jersey

1,402 Of My Clients = NO DWI!*

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Does New Jersey Have A Provision For A “Hardship License” That Will Permit Me To Continue To Drive My Car After A DUI Arrest?

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If you’ve been arrested for a DWI in New Jersey, you’re likely facing a stressful and uncertain time.Can I Get A Hardship License To Drive After A DWI in NJ

One of the most pressing concerns for many individuals is the impact on their ability to drive, especially when it comes to maintaining employment and managing daily responsibilities. Unfortunately, New Jersey does not offer a hardship license that allows individuals convicted of DWI to continue driving under limited circumstances. Understanding the implications of this and knowing your legal options is crucial. Here’s what you need to know.

No Hardship License in New Jersey

New Jersey has some of the strictest DWI laws in the country. Unlike some states that offer hardship or restricted licenses, New Jersey does not provide any form of hardship license for those convicted of DWI. This means that if you are convicted, you will face a mandatory loss of your driver’s license for a specific period, regardless of your personal or professional circumstances.

The lack of a hardship license can significantly impact your life. Losing your driving privileges can make it challenging to commute to work, attend medical appointments, or manage family responsibilities. Given these harsh penalties, it’s essential to understand the legal landscape and what you can do to protect your rights and future.

The Importance of a Skilled DWI Attorney

Given the severe consequences of a DWI conviction in New Jersey, it’s critical to have a talented and experienced attorney on your side. A skilled DWI attorney can help navigate the complexities of New Jersey’s legal system and work towards minimizing the impact of a DWI charge on your life.

Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey for almost 30 years. The firm’s extensive experience and deep understanding of DWI laws have made them one of the most successful law firms in the state. Their team of dedicated attorneys knows the ins and outs of DWI cases and can provide the strong defense you need.

What Reisig Criminal Defense & DWI Law Can Do for You

  1. Thorough Case Evaluation: The attorneys at Reisig Criminal Defense & DWI Law will meticulously review every detail of your case. This includes examining the circumstances of your arrest, the accuracy of breathalyzer tests, and the legality of the traffic stop. Identifying any procedural errors or rights violations can be crucial in building a strong defense.
  2. Negotiating with Prosecutors: An experienced DWI attorney can negotiate with prosecutors to seek a reduction of charges or penalties. This could potentially mean the difference between a conviction and a dismissal or reduced sentencing.
  3. Court Representation: If your case goes to court, having a knowledgeable attorney by your side is essential. Reisig Criminal Defense & DWI Law provides robust representation, ensuring that your rights are protected and presenting a compelling defense on your behalf.
  4. Guidance and Support: Navigating a DWI charge can be overwhelming. The team at Reisig Criminal Defense & DWI Law offers not only legal expertise but also the guidance and support you need during this challenging time. They are committed to helping you understand your options and making informed decisions about your case.

Why Choose Reisig Criminal Defense & DWI Law?

Reisig Criminal Defense & DWI Law has built a reputation for excellence over nearly three decades. Their attorneys are known for their dedication, attention to detail, and relentless pursuit of the best possible outcomes for their clients. Here are a few reasons why they are considered one of the top choices for DWI defense in New Jersey:

  • Experience: With almost 30 years in the field, they have handled countless DWI cases and understand the nuances of New Jersey DWI law.
  • Success Rate: Their track record of successful outcomes speaks volumes about their expertise and effectiveness.
  • Client-Centered Approach: They prioritize their clients’ needs, providing personalized attention and tailored legal strategies.
  • Comprehensive Legal Knowledge: Their deep understanding of both state and local laws ensures that no stone is left unturned in your defense.

We Like To Win – Call Us

Facing a DWI charge in New Jersey is daunting, especially with the state’s strict penalties and lack of a hardship license. However, with the right legal representation, you can navigate this challenging situation more effectively. Reisig Criminal Defense & DWI Law offers the experience, knowledge, and dedication you need to defend your case and protect your future. If you’ve been arrested for a DWI, don’t wait.

We’ve won more than 1,402 DWI cases in NJ…. give us a call at 732-625-9660 if you need first-rate help.

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I Was Pulled Over For Suspicion of DWI In New Jersey and Was Handcuffed and Placed Under Arrest….

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….then taken to the police station and required to give two samples of my breath. Based on the test results, I was charged with DWI. I was never advised of my “Miranda” rights. Can the test results be used against me?

Yes, the breath test results can be used against you regardless of whether you were ever advised of your Miranda rights. Indeed, Miranda rights have nothing whatsoever to do with providing breath samples upon request by law enforcement for suspicion of violating the DWI statute.

If a law enforcement officer has probable cause to believe that a person has violated the DWI statute, they are only required to read the Attorney General’s Standard Statement promulgated on July 1, 2012 prior to the request for breath samples.

Miranda warnings only apply in criminal and quasi-criminal cases when an individual is in custody and questions are asked designed to elicit incriminating statements against the Defendant. This is what is characterized as custodial interrogation. IN the context of a DWI, Miranda warnings are applicable when the Defendant is asked questions about prior alcohol consumption.

These questions relate to what the person was drinking, where they were drinking, the amount they were drinking, and the time they were drinking. In certain cases where operation of the motor vehicle is in issue, these questions would also have to be preceded by Miranda warning.

Miranda warnings are very significant in criminal cases. They are less significant in DWI cases. While any admissions of prior drinking can be an important fact in a DWI case, the absence of Miranda warnings will rarely be an important consideration in deciding the ultimate determination of a DWI.

If you need assistance with a DWI in New Jersey, give us a call and tell us what happened…. and then let one of the top DWI attorneys get to work for you.

Is There A Difference Between DWI and DWI-School Zone In New Jersey?

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If you’ve been arrested for a DWI in New Jersey, it’s crucial to understand the charges you’re facingIs There A Difference Between A DWI and DWI In School Zone In NJ?.

In New Jersey, there is a significant difference between a standard DWI (Driving While Intoxicated) and a DWI in a School Zone. While both are serious offenses, the penalties for a DWI in a School Zone are much more severe, and knowing the distinction could make a critical difference in how your case is handled.

What is the Difference Between DWI and DWI in a School Zone?

A standard DWI charge is outlined under New Jersey Statute N.J.S.A. 39:4-50. It applies to anyone caught driving with a blood alcohol concentration (BAC) of 0.08% or higher. However, when a DWI occurs in a school zone, the situation becomes much more serious. This specific charge is detailed under N.J.S.A. 39:4-50(g) and involves stricter penalties.

In a School Zone DWI, you are charged with both a regular DWI and the additional School Zone offense. Even if the school was closed at the time, or it was during summer break, the location of the offense near a school is what matters. The penalties for a DWI in a School Zone can include double the fines, a longer loss of your driver’s license, and more significant jail time compared to a standard DWI.

The Penalties for DWI in a School Zone

The penalties for a DWI in a School Zone are particularly harsh. If convicted, you could face:

  • Fines: The fines for a DWI in a School Zone are typically double those of a regular DWI. This can mean substantial financial strain, especially when combined with other associated costs such as increased insurance premiums and potential legal fees.
  • Loss of License: Losing your driver’s license can be one of the most challenging consequences of a DWI conviction. For a standard first-time DWI, the license suspension period can range from three months to one year. However, if convicted of a DWI in a School Zone, the suspension period is automatically increased, often resulting in a mandatory one-to-two-year loss of driving privileges.
  • Jail Time: Jail time is another severe consequence of a DWI in a School Zone. For a first offense, you could face up to 60 days in jail, which is significantly higher than the typical penalties for a standard DWI.

These penalties are designed to be a deterrent, reflecting the seriousness of driving under the influence in areas where children are present. The law treats these cases with the utmost severity because of the potential risk to young lives.

Why You Need a Skilled Defense Attorney

Given the severe penalties associated with a DWI in a School Zone, it is vital to have an experienced defense attorney by your side. The complexities of New Jersey’s DWI laws mean that without professional legal guidance, you could be facing life-altering consequences. An experienced attorney can examine the specifics of your case, including whether the location truly qualifies as a school zone and whether proper procedures were followed during your arrest.

Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey for nearly 30 years, focusing on defending clients against DWI charges. Their deep understanding of New Jersey’s DWI laws, including the nuances of School Zone cases, allows them to craft a strong defense tailored to your situation. They will work tirelessly to challenge the evidence against you, negotiate with prosecutors, and seek to minimize the penalties you face.

The Importance of Acting Quickly

If you’ve been cited for a DWI in a School Zone, it’s essential to act quickly. The sooner you involve a skilled attorney, the better your chances of mounting a successful defense. The legal process can be overwhelming, but having a knowledgeable attorney who understands the system can make all the difference in the outcome of your case.

Why Choose Reisig Criminal Defense & DWI Law?

Reisig Criminal Defense & DWI Law is one of the most successful law firms in New Jersey when it comes to defending against DWI charges. With almost 30 years of experience, they have built a reputation for providing aggressive, effective legal representation. Clients trust Reisig Criminal Defense & DWI Law not only because of their proven track record but also because of their commitment to personal service. They take the time to understand the details of each case, ensuring that their clients receive the best possible defense.

Got A DWI – Call Us – We Can Help

Facing a DWI charge, especially one involving a School Zone, is a serious matter that requires expert legal representation. The penalties can be severe, affecting your finances, freedom, and future. However, with the right defense strategy, you can fight these charges and protect your rights. Reisig Criminal Defense & DWI Law has been a trusted ally for those facing DWI charges in New Jersey for nearly three decades. If you’ve been arrested for a DWI, don’t wait—contact Reisig Criminal Defense & DWI Law today to get the experienced legal help you need.

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Do I Have A Right To Be Given A Copy Of The Video Recording Made At The Time I Was Stopped For DWI In New Jersey….

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You’ve been arrested for DWI in New Jersey. You’re probably feeling a mix of emotions – fear, confusion, and maybe even a little disbelief. It’s a scary situation, but remember, you have rights. One of the most important rights you have is access to any video recordings made during your arrest.Can I Get Access To The Video Recordings Of My DWI Stop in NJ

Understanding the Importance of Video Evidence

In today’s world, police vehicles are often equipped with dashcams.  These cameras record everything that happens during a traffic stop, from the initial interaction with the officer to your arrest and transport to the police station. This video footage can be crucial evidence in your DWI case.

How Can the Video Be Used?

The prosecution might use the video to:

  • Demonstrate your impairment: The video might show signs of impairment, such as swerving, speeding, or difficulty maintaining your lane.
  • Document your performance on field sobriety tests: The video can record how you performed on tests like the walk-and-turn or one-leg stand, which the officer might use as evidence of your intoxication.
  • Capture your statements: Anything you say to the officer, whether it’s an admission of guilt or a simple conversation, can be used against you in court.

But the video can also work in your favor!

An experienced DWI defense attorney can carefully review the video to:

  • Identify inconsistencies: The video might reveal inconsistencies in the officer’s report or testimony. For example, the video might show that you were not as impaired as the officer claimed.
  • Find exculpatory evidence: The video might contain evidence that supports your innocence. Perhaps the officer’s actions were unjustified, or the video might show that you were not actually driving erratically.

The Importance of Skilled Legal Counsel

Analyzing and utilizing video evidence in a DWI case is a complex task. It requires a deep understanding of the law, investigative skills, and the ability to present the evidence effectively in court.

At Reisig Criminal Defense & DWI Law, we have a proven track record of success in defending individuals charged with DWI. For nearly 30 years, we have been a trusted name in New Jersey, fighting for the rights of our clients and achieving positive outcomes in even the most challenging cases.

Our experienced attorneys:

  • Thoroughly review all available evidence, including video recordings.
  • Develop a strong defense strategy tailored to your specific circumstances.
  • Aggressively negotiate with the prosecution to achieve the best possible outcome for your case.
  • Provide you with personalized guidance and support throughout the entire legal process.

Don’t face this alone. Contact Reisig Criminal Defense & DWI Law today for a confidential consultation. We can help you understand your rights, assess your case, and develop a winning defense strategy.

Call us now at 732-625-9660. We are here to help.

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If I Am Convicted of DWI in NJ, Will I Have To Get The Interlock Device?

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The ignition interlock device is governed by N.J.S.A. 39:4-50.17. This statute was amended on January 14, 2010. This amendment markedly changed the sentence provisions for the ignition interlock device.

An individual convicted of a first offense may be sentenced to the ignition interlock device by the sentencing judge. Such a first offender whose blood alcohol concentration on either the Alcotest or through a blood test result which is .15% or greater is required to install the ignition interlock device.

All second, third, and subsequent offenders of DWI are required to install the ignition interlock device pursuant to the January 14, 2010 amendment to the ignition interlock provision.

Pursuant to the January 14, 2010 amendment to the ignition interlock provision, all individuals convicted of refusal are required to install the ignition interlock device. This was a major change in the law. Prior to the January 14, 2010 amendment, individuals convicted of refusal were not subject to the imposition of the interlock device. As stated, all refusal convictions now subject to the ignition interlock device.

Finally, an individual subject to the imposition of the ignition interlock device cannot operate any motor vehicle that is not so equipped. If an individual does not own, lease, or principally operate a motor vehicle, he or she cannot drive any other vehicle no so equipped. Indeed, an individual subject to the ignition interlock device who operates a motor vehicle which is not so equipped will be charged with a disorderly persons offense. Therefore, it would be a criminal offense to so operate a motor vehicle not equipped with an ignition interlock device for those individuals who are subject to this provision.

If you have been arrested for DWI, give us a call at 732-625-9660.

Less than six months ago,I was convicted of DWI in Municipal Court In NJ….

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What is the difference between appealing my conviction and filing a Post Conviction Relief Petition? I was told I must appeal the conviction first.Difference Between Appealing Conviction For NJ DWI and Filing a Post Conviction Relief Petition

There are major differences between appealing a DWI conviction from municipal court and filing a petition for post-conviction relief (PCR) pertaining to said conviction.

There is no requirement to filing a municipal appeal for a DWI conviction. A failure to file a municipal appeal does not bar an individual from subsequently filing a PCR petition. However, an individual who appeals his DWI conviction must exhaust all of his appellate remedies before filing a PCR.

Municipal appeals in New Jersey are governed by R.3:23. It must be filed within 20 days from the date of conviction. Another term for a municipal appeal is trial de novo. In essence, a municipal appeal of a DWI conviction (or any municipal court conviction) is where a case is decided anew based on the record in the trial court below.

In nearly all cases, there is no additional testimony in a municipal appeal. Rather, a transcript of the municipal court proceedings is provided to a Superior Court Judge in Criminal Part for review. A briefing schedule is set forth by the Superior Court judge in which the defendant files a brief, or written legal argument, in support of the municipal appeal.

The county prosecutor’s officer in the county wherein the municipal court conviction occurred then submits its own brief, or written legal argument, in opposition to the defendant. During the municipal appeal itself, the Court hears oral argument from the defense and the county prosecutor’s office, respectively. Then the Superior Court judge renders his decision.

The Superior Court judge is required to give due deference to the municipal court judge regarding the credibility of the witnesses who testified below. Not one deference is provided to the municipal court judge’s findings below. In all respects, the Superior Court judge decides the case “anew” on the transcript of the trial proceedings, the written legal arguments, and the oral argument provided during the trial de novo.

All factual and legal issues present in the record in the municipal court are available to a defendant. This is a marked distinction from an Appellate Division appeal in which only legal arguments can be presented.

A PCR in New Jersey is equivalent to a federal Habea Corpus petition. It is only available after the Defendant has exhausted his appellate remedies or if the Defendant did not pursue appellate remedies. However, a PCR cannot be predicated upon any issues that could have reasonably been raise on appellate review by a defendant.

A PCR petition from a municipal court conviction is governed by New Jersey Court Rule 7:10-2. It must be filed within 5 years of the date of the municipal court conviction or upon excusable neglect by the defendant. It is nearly impossible to file a timely PCR based upon excusable neglect by a defendant.

Therefore, it is imperative that a PCR petition be filed within the 5 year statute of limitations. PCR practice is very specialized. My Law Office has been on the cutting edge of filing PCR petitions for over 15 years. PCR petitions emanating from DWI convictions generally come in two varieties. The first is where the municipal court fails to properly accept a guilty plea and advise of the consequences of said plea which implicates constitutional notions of due process.

A PCR based on this theory can only be filed after first obtaining the transcript(s) of the guilty plea. These types of PCRs provided fertile ground for a defendant. The other type of PCR for a DWI conviction from a municipal court is where the defendant alleges ineffective assistance of counsel on the part of his trial counsel. This can be done in the context of a guilty plea or after a trial. This is a very particularized type of petition. If an individual has multiple convictions for DWI, they should consult with an experienced DWI attorney to determine if their prior convictions can be vacated by virtue of a PCR petition.

If you need assistance with appealing a conviction for DWI in New Jersey or filing a post conviction relief petition, contact attorney Matthew Reisig at (732) 625-9660.

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Although most of our clients are from Middlesex County, Monmouth County and Ocean County, we have helped clients in EVERY county in the state of New Jersey. Don't hesitate to contact us if you need help.

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
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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