NJ Law Blogs

From The New York Times: Springsteen ‘Visibly Swaying' Before Drunken-Driving Arrest, Police Say Bruce Springsteen refused to provide a preliminary breath test, according to a National Park Service officer who said he watched the musician drink a shot of tequila. Read the New York Times article f...

New laws will affect people charged with driving under the influence in New Jersey after December 1, 2019. If you face a DUI after this date, you need to understand whether the old or new laws apply to your case. The lawyers at Villani & DeLuca have extensive training and experience in New Jerse...

MADD (Mothers Against Drunk Driving) recently reported that New Jersey is one of the worst states for protecting victims of drunk drivers. More than half of the drivers who have had their license suspended for a DWI violate the suspension according to the organization. MADD believes New Jersey ne...

A 20 year old man from Wall Township, is facing charges of driving while intoxicated (DWI)  and numerous other violations after a crash on the evening of Sunday, May 22nd. The accused got into his Ford 350 pickup truck after drinking, and drove southbound on Allenwood Road. The result w...

New Jersey takes impaired driving very seriously, and they don't limit that to civilians. A New Jersey State Trooper was arrested at a Monmouth County Service Area off the Garden State Parkway for Driving While Intoxicated (DWI) in October 2015. The off duty trooper had rear ended anoth...

In a word, yes. For your first reckless driving conviction, it is possible to have to spend up to sixty days in county jail. For a second or subsequent offense, this jail term rises to ninety days. In addition to these possible jail sentences, you may be required to pay fines of up to $500....

In New Jersey, marijuana commonly known as “pot” can be legally used to treat certain illnesses such as seizure disorders, HIV/AIDs, cancer, Inflammatory bowel disease, glaucoma and a variety of other diseases that cause pain or terminal illness. Patients as well as their designated car...

In the state of NJ, drinking and driving is not considered a misdemeanor, crime or a felony. Unlike many other states, including New York, a DUI in New Jersey is a traffic violation – but a serious one. This is why DUI defendants do not have a right to a jury trial in NJ. But the answer t...

If you or a loved one have just been arrested for a New Jersey DWI (driving while intoxicated), you're probably worried about what the future holds. You may feel confused about the penalties, stressed about getting to work, and unsure where to turn. Our team of professional NJ DWI attorne...

Perhaps you lost your wallet at Martell's Tiki Bar in Point Pleasant Beach on a Friday night? Or maybe you missed the train to get home from Bar Anticipation in Lake Como. Either way, when options are limited, the car seat seems comfortable enough go to sleep- especially when you're intox...

Life after a DWI Charge In violating N.J.S.A. 39:4-50, the State of New Jersey imposes serious penalties for drunk driving. These DWI penalties get more severe as a person progresses from a first to a second and then third offense; and along with DUI charges, they are considered to be one of the ...

It wouldn't be a Jersey Shore summer without a few drinks with friends. Alcohol is definitely a big part of lounging at the beach and hitting the clubs at night in Ocean County. But the New Jersey local and State Police are fully aware that these summer activities can also cause a spike i...

Can a piece of paper get you past a New Jersey DUI sobriety checkpoint? The “Fair DUI Flyer” claims you can. In the past few months this flyer has become a viral sensation sweeping across YouTube and the country. It was created by a Florida lawyer, Warren Redlich, which allows drivers pulle...

It is a well-known fact that DWI offenders are not entitled to a trial by jury in New Jersey. New Jersey DWI laws have not allowed jury trials in 25 years. So when the NJ Supreme Court agreed to hear the appeal of four-time DWI offender James Denelsbeck, who is facing a minimum sentence of 180 da...

A proposed bill would change the way in which DWIs are handled in the state of New Jersey. The bill (A-1368) would shorten the length of time for diver's license suspensions for first-time DWI convictions with a blood alcohol concentration level below .15 to just 10 days. On the other hand, the b...

When you go out on the weekends with your friends, it is always important to have a plan of action to get home. Of course a designated driver is always the best way to avoid DWI charges, but this is not always an option. There are plenty of other options, like walking home for instance. But, it's...

Many drivers in New Jersey have been guilty of going outside to an ice-covered vehicle on a freezing-cold winter morning and quickly chipping just enough ice off the windshield to see through … then they drive away. We've all seen these “peephole” drivers … those who drive (dangerously) down the ...

In December, the U.S. Supreme Court ruled (8-1 decision) that a police officer may stop a vehicle based on a misunderstanding of the law without violating the Fourth Amendment. Heien v. North Carolina The case, Heien v. North Carolina, No. 13-604, concerned a man who was pulled over by a police o...

An important decision was made earlier this month on the issue of repeat DWI offenders on the “step down” rule (N.J.S.A. 39:4-50(a)(3)). The New Jersey Supreme Court has ruled that drunken drivers charged with multiple offenses may use a “step-down” provision in the state's drunken driving statut...

With the rise of services like Apple Pay and Google Wallet, smartphones could soon replace the traditional wallet. Soon, a full force digital wallet could become a reality with New Jersey's hope to implement digital driver's licenses. State Senator Thomas Kean Jr., is set to propose a bill reques...

“Driving is a privilege, not a right.” If you are convicted of a moving violation, the State of New Jersey Motor Vehicle Commission will penalize you by adding points to your driving record. You will only get points on your record for moving violations – points are not assessed for parking and ot...

The New Jersey Supreme Court has ruled that defendants convicted of multiple DWIs may use the “step-down” provision more than once in order to reduce a prison term. However, the step-down provision is only permissible if 10 years have passed since the previous DWI conviction. What is the ‘Step-Do...

A 2013 ruling by the U.S. Supreme Court (Missouri v. McNeely) stated that police officers should obtain a warrant before administering a urine or blood test on DUI suspects. The New Jersey Supreme Court is now considering whether this ruling should retroactively apply to two cases in which blood ...

The DUI prevention campaign Drive Sober or Get Pulled Over was launched in 1999 as a national campaign, and it has been running in all 50 states ever since. The campaign is back in New Jersey this winter as a way of preventing drunk driving deaths during the holiday season. This most recent campa...

A person who has been convicted of NJ DWI may be allowed to keep their driver's license pending an appeal. However, municipal courts were recently warned that judges should not allow defendants to keep their licenses without good reason. “Although we affirm defendant's conviction, we express o...