DUI Penalties

Legislation being considered in New Jersey’s state senate would create a new felony charge that prosecutors could levy against drunk drivers involved in fatal crashes.

Under a proposal by State Senator Dave Oroho, R-24, a third degree crime called Strict Liability Vehicular Homicide would be added to the books, and could lead to a sentence of three to five years and fines as high as $15,000 for those convicted.

Most third degree crimes in the state carry a presumption of non-incarceration for first time offenders.

However, Oroho’s bill, known as “Ralph and David’s Law” after two New Jersey residents who died after being struck by drunk drivers, waives that presumption, and those convicted would have to serve time.

There’s no word yet on whether the legislation, officially known as S. 2423, is likely to overcome the significant hurdles required to become law.

New Jersey law is constantly changing with regard to DWI, and it’s vitally important to anyone charged that they work with an attorney who is absolutely up to date on the latest legislation and case law.

You can beat a DWI charge in New Jersey.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced DWI defense attorney.

Drivers who are caught operating their vehicles under the influence may be facing even harsher penalties in New Jersey if a bill under consideration becomes law.

State Senator Nicholas Scutari, a Democrat from Linden, is pushing legislation that would require even first-time DWI offenders to install an Ignition Interlock Device in their vehicles.

Ignition Interlock Devices prevent a car from starting when alcohol is detected in a sample of the driver’s breath.

Mothers Against Drunk Drivers (MADD), an organization focused on reducing drunk driving, believes that use of the devices has prevented more than 39,000 instances of drunk driving in New Jersey since 2010.

Current law only mandates them for repeat DWI offenders and in instances where a first-time conviction involved a blood alcohol level of .15% or higher.

Scutari’s bill has some sweeteners in it, including a reduction of the mandatory driver’s license suspension of three months to 30 days.

For drivers with a higher BAC, a seven month license suspension would fall to 45 days.

The downside to IIDs is that the driver is required to pay for their installation as well as a monthly leasing fee, increasing the overall costs of a DWI conviction for New Jersey drivers yet again.

The consequences of a DWI conviction in New Jersey can change your life, and rarely in a positive way.

If you’ve been charged with DWI anywhere in the state, call Matthew Reisig today at 732-625-9660 and talk to an experienced DWI defense attorney for free.

A DWI is problem enough for anyone, but for drivers who are under 21 and charged with drunk driving, a conviction can result in a black mark on your record that can make auto insurance unaffordable or even unavailable to you for years to come.

For a young Yardville, NJ, driver, the expenses from his recent drunk driving charge may be higher still.

Police say that Thomas Walters, 20, was driving while intoxicated around 3:15 in the morning on Monday, September 5, when his car crashed through a wooden fence at Glassboro’s Campus Crossings Apartments and ended up in the living room of one of the apartments, causing substantial damage.

Fortunately, no one was in the unit at the time, but Walters and his 19-year-old passenger fled the scene on foot, returning a short time later, where they were arrested.

If convicted, Walters will face the normal consequences of a DWI, including license suspension and fines, but will also likely have to pay to cover the damage to the apartment building his vehicle struck.
DWIs where property damage exists can end up being wildly expensive, which is why an experienced attorney can make such a big difference in your case.

Don’t risk full exposure to the penalties of a DWI conviction.

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

Did you know that you can be charged with DWI even if your car is parked and your keys are in your pocket?

People have even been arrested for DWI in New Jersey after they arrived at their destination, exited the vehicle, and sat down at a diner counter to eat.

It may seem strange, but it’s extremely risky to try to “sleep it off” in your parked vehicle, a legal situation that Assemblyman John McKeon says that the legislature should revisit.

A 43-year-old DWI case highlights the potential for inconsistent application.

In State v. John Daly, a man was drinking at a bar in the winter. He left the bar drunk, went to his car, and turned the ignition on so the heater would work, then he went to sleep.

He was arrested for DWI, and went to court arguing that his intention was to sleep without getting frostbite, not to “operate” his vehicle.

The court agreed with him, and ever since, there has been a risk of inconsistent enforcement of DWI laws.

Whether new law is made around this point remains to be seen, but the takeaway for New Jersey drivers is that there are defenses to DWI, especially when you weren’t operating your vehicle at the time of your interaction with police.

A DWI conviction in New Jersey is a big deal, and can leave you unable to drive for months or longer.

Don’t risk inflated insurance rates, hefty fines, and getting familiar with a bus schedule.

Call Matthew Reisig with Reisig Criminal Defense & DWI Law today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.

More Information About NJ DWI Penalties

• • Will You Go To Jail After Your 1st DWI
  • What Are The Penalties for a 2nd DWI in NJ
  • Can You Get Temporary Driving Privileges After A DWI In NJ?
  • What Are The Fines If You Just Please Guilty To DWI in NJ?
  • Can I Get Community Service For A DWI Instead of Fines?
  • Will I Have To Get An Interlock Device For A DWI In NJ?
  • Can I Get A Hardship License After A DWI In NJ?
  • What Is The Difference Between A DWI And DWI In A School Zone
  • Will A DWI In NJ Affect My Car Insurance Rates

A 91-year-old resident of Clifton, New Jersey, has pleaded guilty to charges of drunk driving in a Mount Olive Township courtroom.

Richard Johnston was spotted driving the wrong way on Route 46 back in March and police were called.

Officer Christopher Saunders responded and located the vehicle in the parking lot of a gas station that was closed for the night.

Saunders administered field sobriety tests for Johnston, who was taken into custody and later provided a breath test at the police station.

Johnston was charged with DWI and released to a sober driver.

On August 1, he told Judge Brian Levine that he had been drinking before the incident.

Levine followed the law, but it doesn’t appear that he threw the book at Johnston, possibly because of the man’s age.

Johnston was fined $254 for the DWI, ordered to pay a $250 surcharge, plus another $75 to the N.J. Safe Neighborhoods Program, $50 to the N.J. Victims Crime Compensation Board, and $33 in court costs.

Johnston’s license was suspended for three months because of DWI, as well.

It’s hard to say exactly how much Johnston’s life will change as a result of a DWI conviction at the age of 91, but for people who commute to jobs, take kids to school, and have to be available to pick up groceries and attend to myriad daily activities, a lengthy license suspension can be crushing.

Don’t risk being caught in the endless cycle of a DWI conviction followed by a charge for driving on a suspended license.

Matthew Reisig has helped more than 1,040 drivers in New Jersey avoid conviction on DWI and related charges.

Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI defense lawyer.

Last December, Port Authority police experienced what must have amounted to a relatively amusing DWI encounter on the New Jersey side of the Holland Tunnel. According to the Associated Press, 31-year-old Karol Andino pulled her vehicle over near the Holland Tunnel in Jersey City and exited the car.

Police approached her around 2:30 a.m., at which time Andino told them she was “looking for New Jersey.” When told that she had found it, Andino continued to insist that she was “looking for New Jersey,” and was taken into custody on suspicion of DWI. Her blood alcohol content was later recorded as .25%, which is more than three times the legal limit of .08%.
Amusing or not, DWI charges are extremely serious is New Jersey, and often result in a cycle of high fines, suspended license, further police encounters for driving on a suspended license in NJ, more high fines, and on and on. Thousands of New Jersey citizens are caught up in this, and the only way to keep yourself out of it is to fight back hard against your DWI charge.

Matthew Reisig has been defending clients in New Jersey against DWI and related charges for nearly 20 years, and has helped more than 1,040 drivers avoid conviction on DWI. Call 732-625-9660 today for a free consultation with an experienced New Jersey DWI defense attorney.