Driving while suspended. (N.J.S. 39:3-40 et. seq.)

One of the most difficult statutes on the books in New Jersey is driving while suspended. In addition to the strict penalties involved, even for a first offense, violation of a second offense carries with it mandatory jail time which, depending on the circumstances, can sometimes be served under the Sheriff’s Relief Program. However, depending on the nature of the basis for the suspension, this Statute provides for enhanced penalties (such as driving while suspended with no insurance or because of a DWI suspension). In addition, if there is an accident and injuries are involved the penalties are even further enhanced, resulting in added jail time, community service and extended periods of revocation of registration and driving privileges.....

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Driving while intoxicated (DWI) and driving under the influence of CDS constitute very serious offenses in New Jersey. The consequences of driving while intoxicated, as well as driving under the influence of CDS include personal injuries, property damage, and even death. As a result, New Jersey has some of the strictest laws in the United States of those convicted of DWI/DUI charges; the severe penalties are intended to deter drivers from getting behind the wheel after drinking or while under the influence of controlled dangerous substances.

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As the population grows in New Jersey more and more citizens use the rivers, bays and oceans each weekend for recreational boating activities. The huge number of sailboats, powered vessels, personal watercraft, and part fishing boats that can be seen at the seashore and on the lakes during each summer is a good indication of the popularity of leisure boating in New Jersey. Of course, with so many people operating so many vessels, the potential for accidents resulting in property damage, personal injury or death is great. This risk of a catastrophe is even more enhanced when the operator of the vessel in under the influence of alcohol or drugs.

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Choosing the Right DWI Lawyer

Finding a lawyer who is experienced in handling DWI's should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.

If you have never been through this before, you probably don't know who to call, and it seems lawyers are a dime a dozen. If you have been through this before and are searching for a different lawyer, you know just how important it is to hire an experienced DWI lawyer. You need to understand just because someone is a lawyer does not mean they have the necessary DWI experience to defend you and your DWI case.

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DWI FAQ's

If you are charged with Driving Under the Influence, it is strongly suggested that you receive proper legal representation from a lawyer. Jerrold Kamensky & Associates will be able to present you with the best options for your particular situation. Representations may involve a trial or negotiation with the court's prosecutor regarding the charges brought against you.

Following is list of the most frequently asked questions regarding DUI Charges and a short chart outlining the fines and penalties that may be associated with a Charge. As our firm practices in both New Jersey and Pennsylvania, you will find answers specific to each State's laws.

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What To Do If Your Are Involved In A Motor Vehicle Collision

1. CALL THE POLICE:

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Common Police Mistakes in DWI Cases

1. The police make an unconstitutional stop of your vehicle.

The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If there are no sufficient grounds to substantiate the stop of your vehicle, then make sure that your counsel files a motion to suppress. This is quickly becoming the strongest DWI defense in New Jersey.

2. The police can’t question a person without informing him or her of their Miranda rights.

In many cases the drivers get scared and they confess to drinking and driving. Always be cognizant of the fact that the police must issue a driver their Miranda rights before he or she can be questioned.

3. Stopping a vehicle without probable cause.

The police can’t stop a driver merely because they are suspicious that the person was driving under the influence. The police have to substantiate the traffic stop with a moving violation such as weaving, speeding, or an improper lane change. If the police can’t substantiate any probable cause to justify the stop, then the DWI case will be dismissed.

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DWI MVS Surcharges

The New Jersey Merit Rating Program, created by N.J.S.A. 17:29A-35 requires Motor Vehicle Services to collect insurance surcharges from motorists whose driving records include certain motor vehicle offenses. The surcharges are in addition to any court-imposed fines and penalties, or any premium or surcharge fees assessed by insurance companies.
Surchargeable events include alcohol and drug related offenses, regulatory offenses such as driving without a license, driving without valid insurance or driving while suspended, and accumulating six or more points in a period of three years or less

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New Jersey Intoxicated Driver Resource Center

If a driver has been convicted of an alcohol or drug related traffic or boating offense in New Jersey, then he must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driver Center (IDRC).
The Intoxicated Driving Program is a unit of the Division of Addiction Services of the New Jersey Department of Health and Senior Services. The IDRC’s are units of, or contractors to, the 21 counties. IDP schedules you for the 12- or 48- Hour IDRC program and notifies Motor Vehicle Commission (MVC) when you have completed or failed to comply.
If a driver is sentenced as a first offender, he will be detained, educated, and evaluated for at least six hours each day on two consecutive days — a total of 12 hours – in the county IDRC facility.

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