Breath Test Excluded in Hackensack DWI

On December 6, 2019, I appeared for trial in the Hackensack City Municipal Court for a client who was charged with DWI (N.J.S.A. 39:4-50) with an alleged BAC of 0.17 and careless driving (N.J.S.A. 39:4-97). This meant that she was … Read More

New DWI Penalties Effective December 1, 2019

On December 1, 2019, new penalties for drunk driving go into effect in New Jersey. This new law changes many of the license suspension and the ignition interlock device penalties. Most importantly, a first-time offender faces a different length of … Read More

License Suspension for an Unpaid Ticket

Many drivers are shocked when they are pulled over only to find out that their license was suspended, often due to an unpaid ticket. If a driver receives a ticket for Driving While Suspended, it could mean serious consequences such … Read More

Breath Test Excluded in Elmwood Park DWI

On August 28, 2018, I appeared in the Elmwood Park Municipal Court for a client who was charged with DWI (39:4-50) with an alleged BAC of 0.13 and other traffic violations. This meant that he was facing a license suspension … Read More

One Prior DWI and One Prior Refusal Sufficient for N.J.S.A. 2C:40-26

On July 10, 2018, the New Jersey Appellate Division decided State v. James T. Dougherty. In this case, the defendant had a prior conviction for DWI and a separate conviction for refusal to submit to a breath test. The defendant’s … Read More

DWI and Minor in the Vehicle

In addition to the DWI Statute (N.J.S.A. 39:4-50), there are two additional statutes that may apply if you are accused of driving while intoxicated while a minor is in your vehicle. N.J.S.A .39:4-50.15 applies when a passenger who is 17 … Read More

What is a “Lower Tier” DWI?

If you have been charged with DWI in New Jersey, you may have heard of something called a “lower tier” while researching your options. This term refers to the different tiers of penalties in New Jersey for a first offense … Read More

Fort Lee New Jersey Underage DWI

Today I appeared in the Fort Lee Municipal Court for a client who was charged with Underage DWI (39:4-50.14) and DWI with a BAC of .18 (39:4-50). He was facing a license suspension of 3 months for the Underage DWI … Read More

Appellate Division of New Jersey Clarifies 2C:40-26

The Appellate Division of New Jersey ruled on State v. Perry on March 3, 2015. The Court ruled that 2C:40-26 does not apply to defendants who have served a period of license suspension for DWI, but have not yet restored … Read More