Coffee Drinking In NJ - From Keeping You Alert To A Violation?

The same penalties which apply to using a cell phone while driving, N.J.S.A. 39:4-97.3, in New Jersey could soon apply to drinking coffee or eating while driving if Assemblymen John Wisniewski of Middlesex County and Nicholas Chiaravalloti of Hudson County, both Democrats, get their way. The revisions would subject drivers to a $200 fine for a first offense, $600 fine for a second offense, with a third or subsequent offense subjecting coffee drinkers to up to $800 in fines and up to 90 day loss of license. The Assemblymen are claiming the bill is intended to prevent distracted driving, not punish would be coffee drinkers, but that theory ignores the reality that the effect is the same for drivers. In support of the bill, some are citing enforcement of seatbelt laws and a significant increase in seatbelt use with a corollary decrease in life threatening crash related injuries. The bill is still in its infancy and, as many believe this to be excessive overreaching on the part of Wisniewski and Chiaravalloti, hopes remain high that this bill will garner little support from those responsible for the stewardship of New Jersey. For more information about motor vehicle offenses including using a hand-held electronic device while driving, driving under the influence (DUI), reckless driving and other traffic offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Alternatives To Jail For Driving While Suspended For Multiple DUI Charges?

Driving while suspended for a second or subsequent driving under the influence (DUI) (N.J.S.A. 39:4-50) charge in New Jersey now carries a 180 day mandatory minimum jail term. Since N.J.S.A. 2C:40-26(b) was enacted on August 1, 2011, drivers sentenced to the mandatory minimum 180 days in jail without parole have been seeking alternative sentences. Under N.J.S.A. 2C:40-26(b), it is a fourth-degree crime to operate a motor vehicle during a period of license suspension for a second or subsequent driving while intoxicated (DWI) conviction or refusal to submit to chemical breath testing in violation of N.J.S.A. 39:4-50.2. In State v. French, 437 N.J. Super 333 (App. Div. 2014) , the trial court sentenced French to 180 days in jail, but allowed for up to 90 days of the sentence to be served in an inpatient treatment facility. The NJ Appellate Division held that sentences other that incarceration were not what the Legislature contemplated in enacting the statute and refused to find opportunity for flexibility in sentencing. In State v. Harris, John D. Harris, III, was sentenced to 180 days but allowed to serve his sentence on the Home Electronic Detention System (HEDS) program. The State appealed the sentence and the NJ Appellate Division upheld the courts finding in French finding that the Legislative intent of N.J.S.A. 2C:40-26(b) was to protect the public from those who would continue to drive after multiple DUI convictions. Although there is likely to be further litigation regarding other alternatives to incarceration, including diversionary programs, for driving while suspended for DWI the present state of the law is that you will serve 180 days in jail for this offense. If you are facing charges of DUI, DWI or driving while suspended for these charges you are facing significant periods of license suspension and the possibility of jail. It is critical that you obtain experienced criminal defense counsel to protect your rights. For more information about DUI, DWI, driving while under the influence of drugs (DUID), driving while suspended for DUI, controlled dangerous substances (CDS) in a motor vehicle or other serious traffic related charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Dash Camera Video Available In Traffic Cases?

In October 2014, New Jersey Superior Court Judge Vincent Grasso issued two rulings regarding police dash cam video records that have stirred quite a bit of interest from attorneys who handle traffic cases in New Jersey. As an attorney, I routinely hear a story from my clients which differs greatly from the contents of the police report I receive in response to my discovery request. Although the officer prepares a routine report at the end or shortly after their shift, they handle many similar matters day in and day out. This results in an awareness of what highlights to give attention to when writing a report as well as a blurring of their memory as to specific incidents as a result of substantial similarity in driving under the influence (DUI) stops, reckless driving stops and other motor vehicle stops. On the other hand, a driver facing DUI, reckless driving, careless driving or other motor vehicle charges is likely to be stopped on an infrequent basis and have absolutely no confusion about the conditions and events surrounding the motor vehicle stop. On the other hand, the driver is most often unfamiliar with the statute under which they are being stopped and the portions of the event they recall specifically may not relate to the statutory factors which will determine their guilt or innocence. For example, drivers often focus on conditions external to the stop which, in their opinion, gave rise to the circumstances resulting in the stop such as the need to move a vehicle after consuming alcohol. In either version of the event, the officers or the defendant's, there is the possibility for error. If Judge Grasso's ruling with regard to the cases, including Ganzweig v. Township of Lakewood, result in the routine provision of video footage to the public, the diverging stories will become of less import as there will be an accurate and unbiased video recording of the event for the defendant, the officer, the prosecutor, defense counsel and the judge to view. As it stands, obtaining video of traffic stops, when available at all, can be challenging resulting in substantial delays of the matter and frustration to clients paying attorneys for continued court appearances for no purpose other than discovery motions with regard to the video sought in any particular matter. If you are facing charges for a traffic violation including DUI, driving under the influence of drugs (DUID), reckless driving, driving while suspended, controlled dangerous substances (CDS) in a motor vehicle or other traffic matters you can face incarceration, loss of license, substantial fines and surcharges and increased insurance rates. You should seek an experienced municipal court attorney to protect your rights. For more information about traffic court matters visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.