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NJ Law Blogs

Villani & DeLuca's blogs are a resource for local news and information pertaining to various legal topics. To see blog posts covering a particular practice area, select the appropriate link below. You can also view a list of the firm's most recent posts on all areas of law at the bottom of this page.
The information in these blog posts should not be construed as formal legal advice nor the formation of an attorney/client relationship.

Blog Posts by Topic

Driving Under the Influence of Prescription Drugs

Posted by Carmine R. Villani | Nov 13, 2014 | 0 Comments

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...

Can Underage Drivers Be Designated Drivers in NJ

Posted by Carmine R. Villani | Sep 09, 2014 | 0 Comments

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 ...

What is a Military DWI?

Posted by Carmine R. Villani | Aug 19, 2014 | 0 Comments

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...

Letting Someone Drive Your Car Drunk

Posted by Carmine R. Villani | Aug 13, 2014 | 0 Comments

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 ...

How An Out of State NJ DWI Affects You at Home

Posted by Carmine R. Villani | Aug 08, 2014 | 0 Comments

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...

Is There a Difference Between DWI and DUI in NJ?

Posted by Carmine R. Villani | Jun 25, 2014 | 0 Comments

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 ...

What Does it Mean to be "Under the Influence"?

Posted by Carmine R. Villani | Aug 02, 2012 | 0 Comments

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...

DWI Charge Reduced Because of Tongue Piercing

Posted by Carmine R. Villani | Jul 23, 2012 | 0 Comments

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 ...

What are the Penalties for a 1st DWI in NJ?

Posted by Carmine R. Villani | Jul 21, 2012 | 0 Comments

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...

Charged With Refusal in Wall Township, NJ

Posted by Carmine R. Villani | Jul 17, 2012 | 0 Comments

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...

Use of Videotape in NJ DWI Prosecutions

Posted by Carmine R. Villani | Jul 15, 2012 | 0 Comments

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...

New York DWAI Similar to New Jersey DWI

Posted by Carmine R. Villani | Dec 04, 2011 | 0 Comments

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...

Post Conviction Relief for Drunk Driving in NJ

Posted by Carmine R. Villani | Nov 04, 2011 | 0 Comments

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 ...

New Jersey Drunk Driving Crackdown

Posted by Carmine R. Villani | Sep 02, 2011 | 0 Comments

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...

Red Light Camera Tickets in NJ

Posted by Carmine R. Villani | Mar 09, 2011 | 0 Comments

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...

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