DWI Information

Lots of people decide that a change of scenery and a fresh start is the right way to move forward after a run-in with police over something like a DWI. In many cases, they’re exactly right, but there’s one quirk of the law that you should keep in mind if you’re looking to turn a corner in a new state.

An example currently in the news is the case of Brennan Clancy, a Pennsylvania resident who decided to set up shop in Florida after his third DUI conviction in Northampton County in 2013.

He moved to Daytona Beach, started working in construction, fell in love, and welcomed a baby into the world with his fiance. But when the family went to rent an apartment in 2017, Clancy learned that in the eyes of the state of Florida, his Pennsylvania misdemeanor was actually a felony. It turns out that when you move jurisdictions while you’re still on probation or parole, the new state’s laws govern, and in Florida, a third DUI is a felony.

Clancy has been fighting to create more transparency for people like himself, as they try to improve their lives. While he took a pro se case to the 11th Circuit Court of Appeals and lost, he’s followed up with a petition to the Supreme Court to ask that the justices look at a 2008 3rd Circuit ruling that said that the disparate treatment on display in cases like his violates the equal protection provision of the 14th Amendment.

The Supreme Court hears only a tiny fraction of the cases that are presented to it every year, and Clancy’s petition is probably a long shot, but it highlights a scenario that New Jersey residents in particular should be aware of. Because DWI is a traffic violation in our state, rather than a criminal matter, relocating to another jurisdiction could have big consequences for you.

If you’re dealing with the aftermath of a New Jersey DWI, get the legal help you need to move forward with your life. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

A television reporter who got her start in New Jersey – as well as her first DWI – has been sentenced in Evansville, Indiana, for a second DUI. The case first made headlines when Indiana prosecutors became aware of her 2014 New Jersey DWI and upgraded her charges to a felony.

It’s normal practice for a state to take into account past convictions in other states, but the jump from a misdemeanor with no specific sentencing guideline to a felony that could have put her in prison for two and a half years was notable.

Now, Veronica DeKett, 28, has been sentenced for the November DUI, where her blood alcohol level was registered as .19%, well over the legal limit of .08%. Through the magic of a plea bargain, as well as apparently earnest efforts on DeKett’s part to get and stay sober, her Level 6 felony was downgraded to a Class A misdemeanor, and instead of prison, she will spend the next year being supervised by Indiana’s alcohol probation services. She also forfeited her license for 90 days, and will be eligible to get it back if she continues with alcohol treatment.

It’s a much better outcome than it once looked like for the reporter. It’s possible that with an experienced DWI lawyer working her case in New Jersey, even years later, that the charges in Indiana never would have been increased. If you’ve been arrested for DUI with prior convictions in New Jersey, call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced DWI defense lawyer.

When Bridgewater police received reports of a disabled vehicle on Route 202/206 around 10:50 p.m. on February 6, they responded right away. Breakdowns happen, and protecting both the stranded motorist and other traffic in the area is a top priority.

But when they arrived on the scene, they found that Sandra Koller, 44, hadn’t blown a tire or run out of gas. Instead, they say, she was intoxicated.

After investigation at the scene, Koller has been charged with DWI, careless driving, failure to report a crash, and possession of an open container of alcohol in a motor vehicle. After processing, she was released with a court date in her future.

DWI charges can cause you enormous hardship. Don’t gamble with your future. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

A New Jersey State police officer was dispatched to Indiana in 2019 to represent state law enforcement at the funeral of an Indiana State Trooper, but he never made it to the service. Instead, Michael Kulik, of Livingston, found himself pulled over around 1:00 a.m., hours before the funeral. West Lafayette, Indiana, police officers noticed that the civilian vehicle he was driving was behaving erratically, and after determining that Kulik was likely drunk, he was arrested. His blood alcohol content was recorded as 0.19%.

Kulik pleaded guilty to operating a vehicle while intoxicated in a Tippecanoe County, Indiana court and has now been sentenced to nearly a full year of unsupervised probation. He was originally sentenced to 365 days at the Indiana Department of Corrections for the Class A misdemeanor, but the judge suspended that sentence.

Ultimately, the conviction will be forwarded to the New Jersey Motor Vehicle Commission, where determinations will be made about license suspension and other penalties. It is unclear whether Kulik continues to be employed by the New Jersey State Police.

If you’ve been stopped for DUI out of state, protect yourself at home, too. Call Matthew Reisig today at 732-625-9660 for a free consultation.

New Jersey enacted new penalties for drunk and impaired driving starting on December 1, 2019, but at the time of this writing, there are still cases circulating through the system stemming from incidents that occured prior to that date. That means a lot of people in New Jersey are waiting for their day in court or their sentencing under the old guidelines, which can include lengthy license suspensions.

In one case, a 73-year-old Newton woman named Renay Tripp accepted a plea agreement in the final week of January that imposed a sentence of probation plus a 30-day home detention. Her license was also suspended for seven months, and she will be required to attend 12 hours of classes at an Intoxicated Driver Resource Center. There are also fines ($650), restitution ($10,000), and her car will have to have an interlock ignition device installed.

Tripp wasn’t just dealing with a DWI charge. The incident in question was an accident that began when she crossed over double lines and struck an oncoming vehicle, which then struck another vehicle. In all, three people were injured in the crash, including Tripp. Tripp admitted having two cocktails at dinner, but when her blood was tested at the hospital where she was transported following the wreck, it registered at .21%, or almost three times the legal limit.

Because her blood alcohol content was above .15%, she would still face a four to six month license suspension under the revised law, but under the new requirements, a first offender with a BAC below .15% won’t have their license suspended at all.

If you’re facing a DWI charge in New Jersey, an experienced lawyer can be a big help to you. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.