Traffic Law Violations Expanded To Criminal Liability in NJ

The NJ Appellate Court upheld the decision of Sussex County Superior Court Judge N. Peter Conforti in finding violating seatbelt laws can result in criminal liability . The application of a statute designed to protect the general public safety has been used only sparingly by prosecutors since it was enacted in 1997. In the matter involved, State v. Lenihan, an 18 year old driver was found to be operating a vehicle after "huffing"- inhaling propellant as from an aerosol can with the purpose of becoming intoxicated. The driver lost control if the vehicle and the 16 year old passenger was killed in the ensuing crash. the resultant police investigation revealed the passenger was not wearing a seatbelt. When an individual acts recklessly and injures another while violating a law intended to protect the public safety they are guilty of a crime. The act of driving under the influence likely caused the accident and the failure to wear a seatbelt was a compounding factor in the death of the passenger. Under circumstances such as these, public policy favors a broad reading of legislative intent to mete out punishment and deter others from committing similar acts. Although normally viewed as a simple traffic offense, failure to wear a seatbelt was read by the Court to permit additional charges to be levied against the defendant. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of criminal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on traffic offenses, municipal court matters or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Mandatory Jail time for Driving While Suspended in NJ

Driving while suspended in NJ carries substantial penalties. First and second time offenders face fines and further suspension of driving privileges. Those convicted of third or subsequent offenses face fines, further suspension and mandatory imprisonment in the county jail for 10 days. In the past, municipal court judges could take all factors into account at sentencing, including your personal circumstances such as job or family responsibilities, illness and other significant factors and permit alternatives to jail. Formerly the Sheriff's Labor Assistance Program (S.L.A.P.) was used by some municipal court judges as a means to permit certain individuals to avoid jail based on their specific circumstances. A New Jersey municipal court judge decided, in State v. Ayton, on September 13, 2011, that S.L.A.P. is not available to third or subsequent offenders. Although this is not binding on other Courts in New Jersey, it represents a tightening of traffic laws in NJ. The result of a Driving While Suspended charge can be severe. It becomes even more significant if you cannot afford to miss work, have family members who rely on you to meet their daily needs or other issues which make serving a jail sentence seem impossible. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing a Driving While Suspended charge, you should consult an experienced municipal court attorney immediately in order to protect your rights. For more information on driving while suspended, traffic violations, other municipal court or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

NJ Alcotest Trial

A guilty verdict in a DUI can have serious consequences including loss of license, heavy fines and even incarceration.
If you have been charged with DUI in New Jersey, there are ways in which you can beat the charges. The Prosecutor MUST prove, by clear and convincing evidence, you were 1) operating a motor vehicle and 2) under the influence an intoxicant.
Provided it is possible, the accused is typically forced to submit to "field sobriety tests" by a trained officer. Of course, this is a subjective test and may be affected by many issues such as inner ear infections and other issues causing balance problems, disabilities or injuries causing balance or mobility problems, eye problems and other medical conditions or medicines.
In NJ you will also be asked to submit to an Alcotest (formerly Breathylizer) which determines the amount of alcohol in your blood by taking a breath sample. Although the officer administering the test will claim it is infallible, there are multiple parts to the machine which all must be working properly. A trained DUI attorney knows the parts of the machine subject to attack and how to go about proving they were not working properly at the time the Alcotest was administered to the accused. Additionally, there are certain conditions under which the test must be administered which a trained DUI lawyer is aware of and knows to look for. Finally, the officer administering the test must not only follow proper procedure but must be certified to perform the test as well.
We also have trained experts available to assist you in your case against a DUI matter. These experts were former Alcotest operators and trainers who trained the offices to use the alcotest machines. They know how to help us beat a DUI.
If you have been charged with DUI in Morris, Sussex, Bergen or Passaic County, New Jersey visit HeatherDarlingLawyer.com for more information or contact us directly at 973-584-6200 to get the help you need.
A DUI is a serious matter and should not be faced alone.
For more information about us or a DUI visit HeatherDarlingLawyer.com