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Be Careful if You Move Out of State for a Fresh Start After a DWI

March 23, 2020 by Matthew Reisig

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.

Filed Under: DWI Information

Former New Jersey TV Reporter Sentenced for Indiana DUI

March 20, 2020 by Matthew Reisig

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.

Filed Under: DWI Information

Stranded Motorist Actually Drunk, According to Bridgewater Police

March 20, 2020 by Matthew Reisig

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.

Filed Under: DWI Information

Driver Coughs on Cops During DWI Stop, Tells Them She Has Covid-19

March 20, 2020 by Matthew Reisig

DWI stops don’t bring out the best in anyone, but one particular stop in Hanover, New Jersey, on March 12 took a turn that’s had a big impact on cops and the driver. Lea Piazza, 28, was arrested for DWI, careless driving, and reckless driving that Thursday, and during processing, she repeatedly coughed on the officers close by. They asked her to cover her mouth and stop coughing, but instead of complying, she said, “Oh, by the way, I have the coronavirus and so do you now.”

She went on to tell them that her boyfriend in New York also has Covid-19, forcing three Hanover police officers into self-quarantine. Further investigation revealed that neither Piazza nor her boyfriend have the Covid-19 virus. Aside from her traffic matters, she was also charged with causing a false public alarm.

If you can stay cool during a traffic stop, that’s always the best strategy. If you’re charged with drunk driving, talk to a lawyer who can help. Call Matthew Reisig today at 732-625-9660 to talk to an experienced New Jersey DWI defense lawyer for free.

Filed Under: DWI Information, Uncategorized

NJ State Trooper Sentenced For Indiana DUI

March 20, 2020 by Matthew Reisig

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.

Filed Under: DWI Information

Last of the Old Law: Newton Driver Sentenced After Andover Twp. NJ Crash

February 20, 2020 by Matthew Reisig

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.

Filed Under: DWI Information

New York Driver Arrested for Overnight DWI in Fairfield Township, NJ

February 12, 2020 by Matthew Reisig

In the pre-dawn hours of Sunday, February 9, a Fairfield Township patrol officer named Michael Tilton was keeping an eye out around Horseneck Road when he saw a gray 2000 Honda weaving.

He pulled the car over, finding 37-year-old Timothy Deery of Dobbs Ferry, New York, behind the wheel. Tilton reported that Deery showed telltale signs of being intoxicated, including slurred speech, unresponsive pupils, and a strong odor of alcohol on his breath.

Deery attempted field sobriety tests at the scene, but failed them. Tilton arrested him and took him to headquarters for processing, where Deery refused to provide a breath sample for analysis.

All told, Deery is facing charges of DWI, failure to maintain lane, refusal, and careless driving. He was released on his own recognizance later, and will face a court date in Fairfield soon.

If you’re an out-of-state driver with a pending DWI allegation in New Jersey, get help from a lawyer who knows New Jersey’s laws, rules, and procedures. The home team always has an advantage, so make it yours, too.

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

Filed Under: DWI Information

Sparta Woman Arrested for DWI; Was Involved in DWI with Injuries in 2012

February 6, 2020 by Matthew Reisig

A Sparta, NJ driver with a history of DWI has been arrested for a second time within the 10-year-window that leads to prosecution for a second offense. Charlene Myers, 48, was approached by Sparta police around 11:40 p.m. on January 18 at the Blue Heron Park and Ride after they received reports that a car was parked on the grass.

On the scene, officers found a red Jeep that had jumped the curb and ended up in the grass. Myers, in the driver’s seat, slurred her words as she responded to police questions. She told police she’d had two beers that night, and subsequently failed field sobriety tests. After being processed at headquarters, she was released to a sober adult with a court date pending.

In 2012, she was charged with DWI, assault by auto, and careless driving after an incident where her car struck a utility tractor that pinned a 63-year-old against a guardrail. The victim was cleaning debris left over from Superstorm Sandy around 7:15 p.m. when Myers’s 2011 black Jeep crashed into the victim’s Bobcat utility tractor.

The tractor rolled forward, pinning him. He was ultimately airlifted to Morristown Medical Center and was treated for blunt trauma and cuts.

If Myers was convicted for the 2012 incident, she’ll be facing enhanced penalties as a second time offender. If you’ve been arrested for DWI, or are facing a second or third charge for DWI, call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.

Filed Under: DWI Information

THC Vape Pen Adds to Problems in Byram Twp DWI Arrest

February 4, 2020 by Matthew Reisig

Byram Township police stumbled onto quite a mess with an allegedly drunk driver during a January 24 traffic stop. Though it began normally enough, after police pulled over Kristopher Fanelli on Waterloo Road, they began to suspect that the driver was intoxicated.

Fanelli agreed to participate in several field sobriety tests, which he failed, after which he was arrested.

As police investigated the scene, they discovered a vape pen containing THC liquid. When Fanelli was finally transported to the station, police say that he failed breath tests twice.

He’s been charged with DWI, possession of a controlled dangerous substance in a motor vehicle, possession of under 5 grams of hash, and careless driving.

If you’ve been stopped for drunk driving in New Jersey, a lot of things about your life can change really quickly. Protect yourself and your future by calling Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.

Filed Under: DWI Information

New Mountain Lakes Mayor Faces DWI Charge in Denville Township

January 22, 2020 by Matthew Reisig

Just days after council member David Shepherd was appointed by the Mountain Lakes Borough Council to serve the largely ceremonial role of mayor, he’s found himself in significant hot water next door in Denville Township.

Around 12:10 a.m. on January 11, as he was driving on Route 46 East, a Denville police officer pulled his vehicle over. When the officer spoke to Shepherd, he noticed signs of impairment, and Shepherd was later arrested and charged with DWI.

Mayor Shepherd isn’t making public statements about the incident, but his lawyer told the press, “On his behalf, I can assure you that we shall be entering not guilty pleas on his behalf, obtaining all available discovery and pursuing all factual and legal defenses.

As you know, he is presumed innocent at this time and all elements of such violations must be proven beyond a reasonable doubt.”

Beating a DWI charge in New Jersey isn’t easy, but with an experienced lawyer, it is possible. If you’ve been arrested for DWI, call Matthew Reisig today at 732-625-9660 to learn how he’s helped more than 1,400 New Jersey drivers avoid a DWI conviction.

Filed Under: DWI Information

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RECENT POSTS

  • How High Is Too High?
  • Be Careful if You Move Out of State for a Fresh Start After a DWI
  • Former New Jersey TV Reporter Sentenced for Indiana DUI
  • Stranded Motorist Actually Drunk, According to Bridgewater Police
  • Wrong-Way Route 22 Driver Was Drunk, Say Police

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