Month: December 2022

Every year, hundreds of drunk driving accidents occur in New Jersey. As a result, police officers will often take preventative measures to lower this frightening statistic. One method is by setting up sobriety checkpoints to monitor passing drivers. These usually entail stopping each driver to ask if they’ve been drinking and performing sobriety tests if necessary. However, many drivers wonder if they have to comply with these unexpected checks. To learn about your rights during a DUI checkpoint in New Jersey, read this blog or reach out to a Bergen County, New Jersey DUI Lawyer today! IS LEGAL FOR A POLICE OFFICER TO PERFORM A DUI CHECKPOINT? Yes, it is legal for police officers to set up random DUI checkpoints. While the 4th Amendment protects Americans from being searched without reasonable cause, the Supreme Court has determined that there are some exceptions to this. There are tens of thousands of alcohol-related auto accident deaths every year in the United States, so the epidemic of drunk driving has become a public safety concern. Many courts agree that the need to prevent drunk driving accidents outweighs the inconvenience to drivers. While it is legal for police officers to perform these checkpoints, CAN […]

Getting pulled over by a police officer can be a frightening experience whether it’s the first time you’re experiencing the situation or the tenth time. It can be even more daunting if you aren’t sure why the officer stopped you. Many drivers wonder about the best way to act during these scenarios to ensure that the process runs smoothly both for you and for the police officer. Continue reading or contact a Bergen County, New Jersey Traffic Ticket Lawyer today for tips on how to deal with this situation. SHOULD I STAY IN MY CAR AFTER GETTING PULLED OVER? Yes. After getting pulled over, the best thing for you to do is to wait in your car until the police officer approaches you. Keep your hands on the wheel so the officer can see them at all times. Some people immediately try to reach for their license since they know the officer will ask for it, but this might not be the best idea. You don’t know why the officer stopped you and they might believe you or your vehicle to be suspicious, so the officer might be just as nervous as you are. If you make any sudden movements, […]

Most New Jerseyeans are aware of the risks and consequences of driving under the influence of alcohol. Some people might choose to sleep in their car after a night out to avoid driving home while intoxicated. While this might seem like a good idea to some, this is actually illegal in some states. Read on or reach out to a Bergen County, New Jersey DUI Lawyer today to find out if you’re allowed to sleep in your car while drunk in New Jersey! CAN I GET IN TROUBLE IF I SLEEP IN MY CAR WHILE DRUNK? Believe it or not, you could get a DUI charge if you’re caught sleeping in your car while intoxicated. Let me explain why. According to New Jersey law, a person can be convicted of DUI if they are found operating a vehicle while their blood alcohol concentration (BAC) is above 0.8. “Operating” does not necessarily mean actively driving the car. So if you sleep in your car after a night of drinking and turn on the engine for heat, this could be classified as operating the vehicle since you’re in the car with the engine running. Even if you were not driving, prosecutors can […]

The penalties for a DUI charge can vary from state to state. If you’ve been charged with a DUI, you might be wondering about the consequences you could face if convicted. To learn about whether a DUI conviction can be considered a felony in New Jersey, read on or reach out to a Bergen County, New Jersey DUI Lawyer today. WHEN CAN A DUI BE CONSIDERED A FELONY IN NEW JERSEY? Some states consider DUI charges to be misdemeanors for first and second offenses, while repeat DUI offenses could be considered a felony in other states. In New Jersey, a DUI charge by itself is never considered a felony. Most DUI charges are actually considered serious traffic violations, but this doesn’t mean that the charges don’t come with criminal punishments. A DUI charge can be escalated to a misdemeanor or felony depending on the circumstances. If you drove drunk and caused an accident that injured someone, you are much more likely to face misdemeanor or felony charges, which usually also means harsher penalties. DUI charges can also be considered misdemeanors if you were committing another offense like driving with a suspended license or underage drinking. WHAT PENALTIES CAN I GET […]