DWI for New Jersey teen after single vehicle accident

Police in New Jersey have reported that a 19-year-old woman has been charged with driving under the influence of alcohol after she was involved in a one-car accident during the early morning hours of Feb. 13. After being taken into custody by Stafford police officers, the woman was released to her sister. The case will be heard in Stafford Municipal Court.

The accident took place at the intersection of East Bay Avenue and Route 9 in Ocean County at approximately 2:12 a.m. According to a police report, the woman lost control of her vehicle and crossed the roadway's northbound lanes before striking and downing a traffic signal pole. Responding police officers determined that the woman was operating while under the influence, and she was subsequently charged with DWI as well as a number of traffic violations.

In addition to Stafford police officers, the accident scene was attended by personnel from the Stafford Fire Company and the New Jersey Department of Transportation. NJDOT workers replaced the damaged traffic signal pole while first responders controlled traffic flow. The woman and her passenger both escaped the accident without injury.

The consequences of drunk driving can be severe in New Jersey for drivers under the age of 21. The state has a zero tolerance policy for underage drinking and driving, and younger drivers may face DWI charges if their BAC is .01 percent or above. A criminal defense attorney may seek to assist younger individuals in this situation by seeking to have DWI charges reduced or dismissed during discussions with prosecutors. One way could be to point out the young driver's previous record of good behavior and their genuine feelings of remorse over the incident. It is also possible in some cases to dispute the results of breath or blood tests.

Source: Shore News Network, "19 year old woman charged with DWI in Stafford", Feb. 13, 2015

Tags: DWI charges

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Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?

THE DUISEATTLE.COM BLOG : Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public?Am I entitled to an attorney at my DUI Probation Violation Hearing?Is Washington State coming out with a new breath test machine?Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?Will my license be punched when arrested for DUI?What happens at my 1st DUI Court appearance?How many days do I have to appeal a DOL Decision?How many Jurors will be in my DUI Trial? Search OFFICEContact Information
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December 08, 2014 Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?No. The portable breath test (PBT) is not admitted into your DUI case-in-chief that will go before the jury. The PBT is only used to establish probable cause to arrest and even to be used for that purpose - the officer or trooper must follow the Washington Administrative Code (WAC) protocols correctly. 

Posted at 10:05 PM in PBT, probable cause to arrest | Permalink

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Why was my vehicle impounded?

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November 21, 2014 Why was my vehicle impounded? Hailey's Law in Washington State requires a mandatory impound of your vehicle for twelve (12) hours on any vehicle driven by a person arrested for DUI or Physical Control. So even if you are released by the officer or trooper after the arrest and it is your very 1st offense - your vehicle will be impounded. 

Posted at 03:52 AM in IMPOUND, Tow fees | Permalink

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Yes, You Can Get a DUI in Los Angeles, Even If You’re Driving a Bizarre Vehicle

The diverse circumstances in which people get arrested for driving under the influence in Los Angeles (and other places) never cease to surprise.

A few years ago, we blogged about a spate of lawnmower DUIs that defied common sense – and earned more than a few snickers from the peanut gallery in places like Reddit.

Snide comments about lawnmower DUIs aside, it’s useful to understand that California DUI law can be applied to broad and unusual circumstances. Consider, for instance, the legal situation facing 41-year-old Criss E. Gruber, who stands accused of multiple charges, including violating light regulations and bicycle DUI, after he crashed a few weeks ago in the town of Enola.

Fortunately, no one got seriously hurt in the crash, although Gruber himself got banged up when he hit a road construction sign on Route 11/15 on November 16th. Investigators believe that he hit the sign because he lacked safety lighting on his bicycle. Blood alcohol tests revealed that he had a 0.16% blood alcohol concentration. For those of you who are keeping score, that’s twice the legal limit for DUI, per California’s Vehicle Code Section 23152.

Bicycling with DUI can be tragically dangerous for many reasons – some obvious, some not so obvious:

•    When you’re under the influence of alcohol (or fatigued or angry or distracted by a cellphone), your timing gets worse. In other words, you are less likely to brake in time to avoid accidents or swerve to avoid hazards, etc.

•    When people with certain personalities drink, they tend to be more likely to take risks, such as driving without a helmet or driving on a busy surface street or freeway;

•    Bicycles are already at a mechanical disadvantage on the road. While everyone who uses the roads should be vigilant, bicyclists and motorcyclists need to be particularly vigilant because of the extra risks caused by the mechanical disadvantage.

If you caused an accident while DUI on your bike, you can face a slew of very serious criminal penalties, including felony charges.

No matter what happened to you or what charges you face, a qualified Los Angeles DUI defense attorney with the Kraut Law Group can assist you with constructing an appropriate, sensible and meticulous defense. Contact attorney Kraut today to schedule a free consultation.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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The Two Types of Reckless Driving Charges in the California Vehicle Code, and Why it Matters in DUI Cases, Pt. 2

As previously discussed, the wet reckless charge is a tool prosecutors use to "split the baby" when there is a DUI case with problems for them. The wet has reduced punishments, but it is also priorable if the defendant gets another DUI.

The differences can be significant. For these purposes, I will use the San Diego Superior Court Standard Sentencing Guidelines for Infractions and Misdemeanors.

First, the Standard DUI, California Vehicle Code Sections 23152(a) or (b):

Five Years Summary Probation (terms, among others, to Violate No Laws (VNL))
$2,064, fine including $100 SAAU (Substance Abuse Assessment Unit) fee
PSP (Public Service)- days of PSP are dependent on BAC
.15% - .19% is 5 Days
.20% - .24% is 10 Days
.25% and above is 15 Days
FCP (First Conviction Program) is mandatory, and the length also depends on the BAC
.19% and below is three months
.20% and higher is Nine months
Driving under the influence victim impact panel (MADD)
*DMV handles license suspension, mostly
Refer to SAAU (Substance Abuse Assessment Unit)
VC 23593 advisal (upon being given, if defendant drinks and drives again, and kills someone, they can be charged with murder).
*Judges/Commissioners are advised to give "heightened consideration" to IID if the BAC is greater than .15%

Some notes, while VNL is the term that specifically states that violating no laws is a term of probation, the entire sentence becomes individual terms of probation. For instance, if a person does not attend the MADD victim impact panel, or report to SAAU, a notice of probation violation will be sent to the court and the defendant. A bench warrant will be issued for the non-compliant defendant. They will have to go into the court and request that probation be reinstated and the bench warrant dismissed. If not, the court has all statutory options from the original charge available to them. For a DUI, that means up to six months in jail or $1,000 fine (not including penalties and assessments).

The substance abuse assessment unit (SAAU) is an office in the courthouse that helps the defendant assess if they have a drinking problem. Depending on the responses, there may be additional terms of probation to help reduce the likelihood of recidivism. For instance, speaking with a counselor, or attending AA meetings.

The PSP, or public work service, is a program that is administered by the San Diego Sheriff's Department. The most common public service is cleaning up trash at the side of a road. Those performing public service must be present at 8:00am, then they are assigned to work crews that clean trash. They may also clear invasive vegetation from waterways.

Sometimes, if the person is physically challenged, handicapped, otherwise infirm, or otherwise logistically challenged, public work service can be satisfied by volunteer work service. Volunteer work service is volunteering for a non-profit organization, and 8 hours of volunteer work service satisfies one day of public work service. I recently got a clients public work service transferred into volunteer work service because she was going to be attending college out of the county and participating in collegiate athletics.

Volunteer work service is much less demanding, and can be more satisfying. I advise my clients to look up organizations and non-profits that they may be interested in and contact them. For instance, one client volunteered at a state park during a clean up. Volunteer work service is satisfied with a letter on the organizations letterhead saying that defendant performed so many hours of volunteer work.

In the next blog entry we will go over the dry and wet reckless standard sentences and why they are beneficial for most people charged with a DUI in San Diego County. As always, I am available to discuss either specific DUI cases, or general topics in DUI law and I can be reached here.

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Broward DUI Lawyer on Actual Physical Control of a Vehicle

Driving under the influence, as the name implies, usually actually involves driving. But Fort Lauderdale DUI lawyer Moore says that literal driving is not a requirement for the state to prove the a DUI charge. The Florida law that governs drunk driving, Fl. Stat. Section 316.193, requires only that the driver be in "actual physical control" of the vehicle. Most states have a similar or identical standard, which has tended to be construed rather broadly.

Surprisingly, Broward DUI lawyer Moore says that actual physical control may include just simply sitting in the driver’s seat in some instances. The car does not necessarily even need to be turned on. If the keys are in the ignition or even within reach, such as within the pocket of the person sitting in the driver’s seat, as well as other circumstances, law enforcement agents and the courts may consider the defendant to have been in actual physical control of the vehicle.

A driver -- or “driver,” as the case may be -- also does not need to necessarily be out on the road in order to be charged with DUI. Sitting in a car in a driveway, on private property, can still potentially subject the individual to a charge of driver under the influence so long as the law enforcement officer had a reason to investigate the situation. For example, if police were called to the home to sort out allegations of a domestic altercation, the situation could arise where one partner goes to the car to cool off. The police might also initiate an investigation if they see suspicious activity that warrants their attention, says Fort Lauderdale DUI lawyer, such as a person passed out in a car who may need medical attention.

View the original article here

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