Posted on Sat, Jun 11, 2011 @ 09:20 PM
State v. Adubato
CRIMINAL PRACTICE — Drunk Driving
The denial of defendant's motion to suppress is affirmed since, under the totality of the circumstances, the police officer was justified in making a field inquiry and thereafter in administering a field-sobriety test.
14-2-2236 State v. Adubato, App. Div. (Waugh, J.A.D.) (15 pp.) We affirmed the denial of a motion to suppress in a DWI case. The police officer received a dispatch that a specific car was driving around the neighborhood, and that the driver kept exiting the vehicle. He may also have been told that the driver might be intoxicated. When the police arrived at the scene, the car was parked with its lights on and the engine running. The driver was speaking loudly on his cell phone. It was after 10 p.m. The police officer, who was not then aware that the driver was parked in front of his residence, activated his flashers and pulled up behind the car. As he approached the driver, the police officer detected the odor of alcohol. He determined that it was coming from the driver's breath. In addition, the driver's eyes were watery and bloodshot, his speech was affected, and he told the police officer he had been drinking at a pub. After field-sobriety tests, the driver was arrested and charged with DWI.
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Posted on Tue, Mar 15, 2011 @ 09:39 AM
In addition to lawsuits, parents in New Jersey may find themselves subject to criminal prosecution for underage drinking by their teen and their teen’s friends. (see exemptions under 2C:33-17b, and Woodcliff Lake Borough Ordinance 179-27) In addition, parents may be held responsible even if they’re not at home when underage drinking occurs. They may also be held responsible if underage drinking takes place anywhere on their property.
New Jersey has a number of laws related to underage drinking. These laws are intended to prevent persons under 21 years of age from obtaining, possessing, or consuming alcoholic beverages and from driving if they have consumed any amount of alcohol:
Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
- A fine of up to $1,000 and/or up to 6 months imprisonment..
Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions: Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
- A fine of up to $1.000 and /or up to 6 months imprisonment.
Consumption or Possession of Alcohol by Persons Under 21.
It is a criminal offense in the State of New Jersey (2C:33-15) for any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or public assembly, or motor vehicle.
- A fine not less than $500.00. Suspension or postponement of the driving privilege for 6 months if the offense is committed in a motor vehicle. There is no indication in the law that a diversion program is available for offenders.
Consumption or Possession of Alcohol by Persons Under 21.
It is illegal for anyone under the age of 21 to consume or possess alcohol on private property in Woodcliff Lake under Woodcliff Lake Borough Ordinance 179-27.
(Exemptions: Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
- A fine of $250.00 for the first offense and $350.00 for any subsequent offense. Suspension or postponement of the driving privilege for six months. There is no indication in the law that a diversion program is available for offenders.
Unauthorized Bringing of Alcoholic Beverages Onto School Premises
It is a criminal offense in the State of New Jersey for any person of legal age to bring or possess alcoholic beverages on any property used for school purposes which is owned by any school or school board.
- A fine of up to $1,000.00 and/or up to 6 months imprisonment.
Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
- Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.
Resisting Arrest: Eluding Officer
It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
- A crime of the fourth degree.
Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
- Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.
Employing a Juvenile in the Commission of a Crime
Any person who is a least 18 years of age who knowingly uses, solicits, directs, hires, employs, or conspires with a person who is in fact 17 years of age or younger to commit a criminal offense is guilty of a crime.(2C:24-9)
- A crime of the fourth degree.
Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
- A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.
No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
- A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
Prohibition of possession of open , unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
- A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.
Posted on Tue, Mar 15, 2011 @ 09:37 AM
- It is possible to defeat a DUI
- It is possible to beat a breath thest
- Don't risk your future, Make the right decision, we can help.
Being convicted of a DUI can affect your future in many ways. Without having an expert DUI attorney you run the risk of maximum punishments. If you do not understand the legal process involved with being charged with a DUI that could make matters worse as well. Being convicted of a DUI can affect your life socially. Accidents usually become public knowledge so even if you wanted to put the DUI behind you that would be a very difficult task. This type of conviction can affect where you live as well. Normally a landlord will do a background check so having a DUI on your record could risk your chances of getting a place that you want. Most prospective employers perform a criminal background check before they consider hiring someone so your chances of getting a job with a DUI conviction lessen. Even if you are well qualified for the job having a DUI on your record will definitely affect your chances. If you need motivation just think about how this could affect your family, home, job and most of all your future. You need an attorney who understands and specializes in DUI laws and regulations. You need someone who is going to fight for you in that court room!
Posted on Tue, Mar 15, 2011 @ 08:14 AM
Drunk Driving
Driving Under the Influence (DUI or DWI) State of New Jersey Blood Alcohol Content (BAC) Laws: All drivers with a BAC of .08 or higher. Under 21 with a BAC of .01 or ANY Detectable Amount of Alcohol Commercial Vehicle Driver with a BAC of .04 or higher. A Defendant can be convicted of New Jersey DWI (N.J.S.A. 39:4-50) if the State proves beyond a reasonable doubt that he was: Operating a motor vehicle while under the influence of alcohol (by “observations” of intoxication such as poor performance on balance testing, swaying, staggering, slurred speech, etc.), or Operating a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug. (by positive specimen evidence (blood or urine), coupled with observations of drug intoxication). New Jersey imposed the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege. All drivers that travel on the roadways of the State consent to submitting a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is intoxicated.
Posted on Tue, Mar 15, 2011 @ 08:13 AM
New Jersey - Monmouth County
Monmouth County, New Jersey is located south of Newark. The U.S. Census Bureau reports a population of 603,434 up 1.1% from 1997. Roughly 90% of the population resides in urban areas. Per capita income in the County is listed at $20,565.
DWI Enforcement System
New Jersey State Police and various Municipal Police Departments handle most DWI arrests. In New Jersey, the DWI offense is a per se offense at the .10 BAC level. All law enforcement agencies use uniform traffic tickets (UTT) when making a DWI arrest. These traffic citations are all compiled by the statewide Automated Traffic/Complaint System. Police dispatchers have access to this system which, in turn, provides officers in the field with valuable information.
Prosecution Patterns and Beliefs
In New Jersey, a DWI offense is not considered a crime, but is labeled a Aquasi-crime@ by statute and is handled as a traffic matter by the municipal courts. There are 538 municipal courts in the state of New Jersey. A very small percentage (estimated at 1%) of DWI cases are handled in Superior Court and only when another serious crime, some indictable offense, has been committed in conjunction with the DWI offense, which is considered a non-indictable offense. These cases must be sent to the prosecutors office and adjudicated in Superior Court.
All law enforcement agencies use UTTs when making a DWI arrest. These traffic citations are all compiled by a statewide Automated Traffic/Complaint System (ATS/ACS). This system has reduced case backlog and reduced time to disposition, which was a major concern before the ATS/ACS was implemented. All municipal courts have access to this system and depend on the system for administrative and statistical information. Conviction rates are not routinely calculated, but if there were reason to do so, the rate would most likely be calculated using numbers generated from the ATS/ACS.
Although a civil matter, DWI offenders can still receive jail time. There are no administrative per se or administrative license removal (ALR) laws in New Jersey. Judicial court proceedings are required to be quick which counters the need for ALR. In fact, it is a goal of the New Jersey Administrative Office of the Courts to have DWI cases adjudicated within 60 days. The DMV is notified only of convictions.
It is the practice of the New Jersey Court Municipal Services Division to not factor in those cases where the person has failed to appear in court into the conviction rate equation. Those cases are not considered closed and therefore have not reached any final disposition
Posted on Tue, Mar 15, 2011 @ 08:10 AM
Despite a minimum legal drinking age of 21, many young people in the United States consume alcohol. In 1997, 25 percent of 8th graders, 40 percent of 10th graders, and 53 percent of 12th graders reported drinking alcohol during the 30 days prior to being surveyed (University of Michigan 1997).
Binge drinking often defined for males as having 5 or more drinks in one sitting and for females as having 4 or more drinks in one sitting1 is reportedly widespread among youth. Binge drinking often begins around age 13, tends to increase during adolescence, peaks between the ages of 18 and 22, and then gradually decreases (NIAAA 1997). Binge drinking at least once in the 2 weeks before the survey was reported by 15 percent of 8th graders, 25 percent of 10th graders, and 31 percent of 12th graders in 1997 (University of Michigan 1997)
Not only is drinking a prevalent problem among youth, but many of those who drink also drive after drinking. Fifteen percent of students in grades 9–12 (ages 15–18) surveyed in 1995 reported driving after drinking during the month before being surveyed, and more than one-third reported riding with a driver who had been drinking (Centers for Disease Control and Prevention 1996). A projected increase in the population of American youth may result in an increase in underage drinking and impaired driving. The U.S. Census Bureau estimates that in the year 2000, the population of 15- to 20-year-olds will be 23.9 million, an increase of almost 2 million from 1996. The youth population is expected to increase by almost 14 percent by the year 2005 (NHTSA 1998)
Impaired driving is especially prevalent among college students who binge drink. One survey found that 44 percent of college students reported binge drinking at least once during the 2 weeks before being surveyed, and about 19 percent reported frequent binge drinking (i.e., binge drinking three or more times during the 2 weeks prior to the survey). Drinking and driving during the 30 days before the survey was reported by more than 60 percent of the men and by almost 50 percent of the women who were frequent binge drinkers, compared with 20 percent of the men and 13 percent of the women who were non-binge drinkers (Wechsler et al. 1994).
A standard drink is 12 grams of pure alcohol, which is equal to one 12 ounce bottle of beer or wine cooler, one 5 ounce glass of wine, or 1.5 ounces of 80 proof distilled spirits.
(National Highway Traffic Safety Administration)
If you have been charged with underage drinking, call our office today 800-709-1131 or visit our webiste: Underage DUI