Posted by Carmine R. Villani | Nov 13, 2014 |
Driving Under the Influence, or DUI, typically invokes the idea of a drunk driver. But increasingly, the “influence” drivers are under is not alcohol, but drugs—prescription drugs. If you've ever taken cold medicine, you know that it can make you sleepy. That's fine, unless you're hitting the roa...
Posted by Carmine R. Villani | Sep 09, 2014 |
Some NJ Bars Offer Reduced Prices for Designated Drivers
The practice of using a designated driver is widely used as a method of protecting oneself and other motorists from the dangers of drunk driving. The concept of designated driving involves selecting an individual out of a group, who ...
Posted by Carmine R. Villani | Aug 19, 2014 |
As a member of the armed forces, if you are arrested for drunk driving on or off a military base, you may be charged with a military DWI. Although DWI cases are normally handled by the municipal courts, a military DWI may fall under the jurisdiction of the U.S. Military, depending on where...
Posted by Carmine R. Villani | Aug 13, 2014 |
Not too long ago, we featured a blog on the topic of allowing a friend or family member to operate your car while their driver's license is suspended. As I'm sure you'd expect, the penalties for letting someone drive your car drunk come at an even higher cost.
New Jersey's DWI laws are ...
Posted by Carmine R. Villani | Aug 08, 2014 |
With its abundance of tourist attractions and close proximity to New York City and Philadelphia, the highways of New Jersey receive a considerable amount of traffic from out of state drivers. If you are a non-resident driver who has been caught driving under the influence of alcohol or dru...
Posted by Carmine R. Villani | Jul 28, 2014 |
Since having a car is often necessary for essential tasks such as going to and from work and taking your kids to school, you are likely to sympathize when a family member or friend loses their driving privileges. You may even feel inclined to let them use your car, especially if they are f...
Posted by Carmine R. Villani | Jul 07, 2014 |
Although drunk driving is responsible for over 30% of all auto fatalities in New Jersey, cell phone usage is another major source of car accidents, especially among teens. Statistics by the New Jersey Department of Transportation show that in 2011, there were 3,244 car crashes as a result ...
Posted by Carmine R. Villani | Jun 25, 2014 |
The terms DWI and DUI in NJ both refer to the offense of driving under the influence of drugs or driving while intoxicated by alcohol. In essence, both charges describe the same motor vehicle offense, under New Jersey statute N.J.S.A. 39:4-50, with the only difference being the type of ...
Posted by Carmine R. Villani | Jan 28, 2014 |
Did you know that Canada has strict laws about allowing those with prior convictions for driving while under the influence of alcohol or drugs to enter the country? An American citizen may be considered inadmissible with a prior DWI or other alcohol-related conviction. This is in stark cont...
Posted by Carmine R. Villani | Feb 11, 2013 |
Last week, the Superior Court Appellate Division in Camden County, NJ decided an appeal concerning the ability of a judge to rely upon evidence heard in a pre-trial suppression hearing as proof that the defendant was guilty of drunk driving. In State v. Gibson, it was held that the defendant's DU...
Posted by Carmine R. Villani | Aug 02, 2012 |
NJ Court Defines “Under the Influence”
In State v. Bealor, 377 N.J. Super. 321, the court held that the term “under the influence” used in New Jersey DWI prosecutions means a “substantial deterioration or diminution of the mental faculties or physical capabilities of a person whether it be...
Posted by Carmine R. Villani | Jul 23, 2012 |
Tongue Piercing Affected DWI Breathalyzer Results
A New Jersey woman was charged with drunk driving and provided a breath sample that was three times higher than the legal limit. Kara Nelson, who registered a 0.21% blood alcohol concentration (BAC), was able to argue that the BAC reading result ...
Posted by Carmine R. Villani | Jul 21, 2012 |
DWI Penalties Depend on Various Factors
A conviction for a first offense DWI in Ocean County and Monmouth County, New Jersey will result in substantial penalties and monetary fines, the severity of which will depend on your blood alcohol content (BAC) level at the time of your arrest, among other...
Posted by Carmine R. Villani | Jul 17, 2012 |
Refusal in Wall Township Can Carry Heavy Penalties
Drunk driving is taken very seriously in Wall Township, NJ. Driving is considered a privileged and not a right; therefore, when asked to partake in a breath test by a New Jersey police officer, if you do not consent to this procedure, you w...
Posted by Carmine R. Villani | Jul 15, 2012 |
Can the State Use Video Evidence in a DWI Case?
Any evidence that is material (probative of the defendant's guilt or innocence) may be used in court unless an exception applies. Because video evidence in a DWI/DUI case tends to show whether or not a defendant was intoxicated, it will be admissibl...
Posted by Carmine R. Villani | Dec 04, 2011 |
A New York DWAI Could be Used to Enhance the Penalties of Your Current New Jersey DWI Conviction
In a recent Superior Court of New Jersey Appellate Division case, State v. Zeikel, the question of sentencing for repeat offenders of New Jersey DWI laws was addressed. More specifically, the Appellat...
Posted by Carmine R. Villani | Nov 04, 2011 |
Significant Burden Must be Overcome for Success on Post Conviction Relief
A defendant charged and convicted of a 2nd or subsequent New Jersey DWI may wish to file a Petition for Post Conviction Relief (PCR) for a number of reasons. One such reason was raised during the trial of Karen Weil (State ...
Posted by Carmine R. Villani | Sep 02, 2011 |
If You are Arrested for Drunk Driving in New Jersey Call an Experienced NJ DWI Lawyer
New Jersey law enforcement officers, including local police officers and State Troopers, have a goal of preventing drunk driving in New Jersey during the last days of summer. The New Jersey Division of Highway T...
Posted by Carmine R. Villani | Mar 09, 2011 |
Drivers in Ocean County and Monmouth County: Beware of Red Light Cameras
In New Jersey, traffic control signal monitoring systems, also known as red light cameras, are currently in use in a few municipalities throughout the state as part of a pilot program. The municipalities chosen are par...