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DWI Information

New Jersey Police Car Camera Law Ruled Unconstitutional

May 12, 2016 by Matthew Reisig

Since 2014, police departments across New Jersey have been under a legal mandate to install camera systems into their new vehicles, paid for in part by a $25 fee lodged against people convicted of DWI.

The law came about after Assemblyman Paul Moriarty of Gloucester was charged with DWI in 2012.

The police car that pulled him over was equipped with a camera, and Moriarty was able to use the police’s own footage to have his case thrown out.

Municipalities have bristled at the mandate. They took their complaints to the state’s Council on Local Mandates, which evaluated the law and found that the funding mechanism is insufficient to meet the state constitution’s “state mandate, state pay” requirement.

Paul Medany, the mayor of Deptford Township, made the case before the council that police in his town write 10-15 DWI tickets every month, which would supply only about 6% of the funding it needs to be in compliance.

Because video of encounters with police can be so powerful in a trial, this ruling cuts both ways.

When police are in the wrong, there’s little that makes the case more clearly than showing the recording of the stop.

Footage that shows a driver appearing intoxicated is equally compelling.

It’s unclear how the state will respond to this ruling, but as New Jersey sorts out DWI law and punishments, equipping our police with cameras will certainly be an element in the conversation.

If you’ve been charged with DWI in New Jersey, fight back. Matthew Reisig has helped more than 1,040 drivers avoid conviction on DWI charges.

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

Filed Under: DWI Information

California Driver Faces New Jersey DWI Charge

May 12, 2016 by Matthew Reisig

A California woman has been charged with DWI after a late-night stop on Route 182 by Hackettstown police. Maia Hippard-Roff, 22, of Redwood City, California, was charged with driving while intoxicated, careless driving, and maintenance of lamps.

Police report that the driver was stopped after a moving violation, and during the interaction the officer detected the odor of alcohol on the driver’s breath.

Being charged with DWI while traveling out of state can be a big problem for a driver. While the infraction occurred outside of the jurisdiction where you are licensed, most states are part of an interstate compact that shares information about DWI/DUI arrests.

In this case, New Jersey won’t have the authority to suspend the driver’s license, but by notifying their counterparts in California, a conviction may mean that the penalties will transfer.

Each state’s laws vary in how they implement enforcement, so a driver in this situation may end up needing legal help in both states.

The clearest way to avoid penalties for a DWI in New Jersey is to work with an experienced DWI defense attorney.

Matthew Reisig has helped more than 1,040 drivers avoid conviction on DWI charges, and has argued elements of DWI law before the New Jersey Supreme Court.

If you’re facing drunk driving charges anywhere in New Jersey, call 732-625-9660 today for a free consultation.

Filed Under: DWI Information

How Long Can New Jersey Police Hold My Car When I’m Arrested For DWI?

April 29, 2016 by Matthew Reisig

A Tom’s River man was recently arrested for DWI not once, but twice, in a three day period.

Both times, police were summoned to a liquor store after they received calls about a driver passing out in the parking lot.

The first time that police arrested Brian Nelson of Lacey, NJ, he was charged with DWI, reckless driving, and refusing to submit a breath sample.

His car was impounded under John’s Law, but was released back to him after 12 hours.

The second time police were called to JR’s Liquors, they found Nelson back in his vehicle, and charged him with DWI, reckless driving, failure to submit a breath sample, and having an open container in his car.

Nelson’s car was again impounded, and this time the police wanted to hold it, and set bail for Nelson himself.

But they couldn’t. In New Jersey, DWI is not a criminal offense, only a traffic violation.

You can’t be held on bail for a traffic violation, nor are there workarounds for police to keep your property when you haven’t been charged with a crime.

Police are required to release your vehicle after 12 hours.

These are likely small comforts to Brian Nelson, but they do show the strange results that can come from New Jersey’s unique approach to drunk driving enforcement.

If you’ve been charged with DWI in the state, work with an attorney who has helped more than 1,040 New Jersey drivers avoid conviction.

Call Matthew Reisig today at 732-625-9660 for a free consultation.

Filed Under: DWI Information

Can You Get A Jury Trial For A DWI In New Jersey?

April 29, 2016 by Matthew Reisig

If you’ve been arrested for DWI in New Jersey, you may wonder if you’re entitled to a trial by jury. Can You Have A Jury Trial For A DWI In NJ

As the law currently stands, DWI defendants in New Jersey do not have the right to a jury trial. Instead, these cases are heard in municipal court, where a judge evaluates the evidence and renders the verdict.

This is because a DWI in New Jersey is classified as a traffic violation rather than a criminal offense. The state argues that treating DWI cases this way helps reduce court costs. However, the penalties associated with a DWI conviction—including steep fines, license suspensions, surcharges, and even potential jail time—often rival the severity of criminal charges in other states.

The Debate Over Jury Trials for DWI Cases

In recent years, there has been growing debate about whether New Jersey’s approach to DWI cases is fair. Critics argue that because DWI penalties can significantly impact a person’s life, defendants should have the same rights as those facing criminal charges, including the right to a jury trial.

For example, a fourth DWI conviction can result in severe penalties, such as extended incarceration, fines, and a permanent loss of driving privileges. Advocates for reform contend that the severity of these punishments warrants a jury trial to ensure fairness.

The issue is now being considered by the New Jersey Supreme Court, which is reviewing arguments in a case involving a man convicted of his fourth DWI. This decision could lead to significant changes in how DWI cases are handled across the state.

What This Means for You

For now, DWI cases in New Jersey remain under the jurisdiction of municipal courts, with no option for a jury trial. This means the judge alone will determine your guilt or innocence. Because of this, it’s critical to have an experienced DWI attorney who understands the system and can build a strong defense on your behalf.

An experienced lawyer can identify weaknesses in the prosecution’s case, such as errors in field sobriety tests, improper calibration of breathalyzers, or violations of your rights during the arrest. These strategies can help reduce charges, minimize penalties, or even result in a dismissal of your case.

Why Choose Reisig Criminal Defense & DWI Law?

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted names in DWI defense. With over 1,400 cases successfully handled, Matthew Reisig and his team have a proven track record of helping clients avoid conviction and protect their driving privileges.

Here’s what sets them apart:

  • Extensive Experience: Decades of defending DWI cases in New Jersey courts.
  • Deep Knowledge: Familiarity with local judges and prosecutors, allowing for strategic defense planning.
  • Personalized Attention: Each case is approached with care, ensuring your unique circumstances are considered.
  • Proven Results: From case dismissals to reduced penalties, Reisig Criminal Defense delivers results that matter.

Protect Your Future

While reforms to New Jersey’s DWI system may be on the horizon, current laws make it essential to have skilled legal representation. If you’ve been arrested for DWI, don’t face the charges alone. Call Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation.

With nearly three decades of experience, Reisig Criminal Defense & DWI Law is committed to providing the strong defense you need. Take the first step toward protecting your rights and securing the best possible outcome today.

Filed Under: DWI Information

NJ Legislator Wants Interlock Ignition Devices For First-Time DWI Convictions

April 23, 2016 by Matthew Reisig

New Jersey State Senator Nicholas Scutari has a plan to revamp the state’s DWI laws to limit unintended consequences and save lives.

Noting that in New Jersey, a first-time DWI conviction can mean a three-month loss of license, with no conditional licenses available, the senator’s proposal is designed to reduce the number of re-arrests for driving on suspended licenses.

These offenses create a vicious cycle where a defendant loses her license, which puts her job in jeopardy, then is unable to pay off the heavy fines associated with the conviction.

In order to preserve some financial viability or simply conduct her life, she then drives without a license, and if she’s caught, faces yet another suspension, jail time, and more fines.

Scutari wants the state to implement Interlock Ignition Devices for first-time DWI convictions instead.

This way, drivers would provide a breath sample before they begin driving, then be able to operate the vehicle only if sober.

The legislation was vetoed by Gov. Chris Christie last year, but Scutari hopes to develop a bill that will pass both the legislature and the governor’s desk.

These are real problems that catch thousands in a debilitating cycle that can really take a toll out of their lives.

If you’ve been charged with DWI in New Jersey, know that there is hope.

Attorney Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction of DWI.

Call 732-625-9660 today for a free consultation.

Filed Under: DWI Information

Nun Charged With DWI After Crashing Pick-Up Into Store In New Jersey

April 23, 2016 by Matthew Reisig

A Philadelphia nun was charged with DWI in New Jersey after she backed a Ford F150 into a Turnersville auto parts store around 3:00 a.m. one Friday night last November.

Witnesses say the nun pulled into the parking lot of the store, backed into and shattered the door, then pulled out again.

A couple who saw the incident called 911, and the driver was pulled over down the road.

After failing field sobriety tests, she was charged with driving while intoxicated.

While a story like this might sound funny, it’s important to remember how serious a New Jersey DWI charge can be for a resident of another state.

This nun won’t simply return to Philadelphia and agree not to drive in New Jersey anymore.

If convicted, she’ll lose her license at home and face penalties from both states.

In some ways, being charged with DUI out of state is the worst of all worlds, because the interstate compact between most states means the charges have to be dealt with in New Jersey, which can be a hardship with travel, but the consequences apply at home.

Matthew Reisig has nearly two decades of experience defending DWI cases in New Jersey, and has helped more than 1,040 drivers avoid conviction.

If you’ve been charged in a DUI case, call 732-625-9660 today for a free consultation.

Filed Under: DWI Information

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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)

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