New Jersey Refusal / DWI law is complex, but it has just been clarified by the New Jersey Supreme Court in a case called State v. Ciancaglini, decided January 19, 2011, favoring individuals who have prior Refusal convictions who then get a subsequent DWI conviction. The case also illustrates that…
This is probably not what you would expect to see on a DWI attorney’s blog. As a New Jersey DWI lawyer, I am in no way in favor of drunk driving: I am uncategorically against it. I would imagine that anyone who views this video will be emotionally moved by…
New Jersey DWI breath testing cases are complex, especially due to the new machine being used in New Jersey, the Draeger Alcotest 7110 MKIII-C. While this machine has been held to be reliable by the New Jersey courts, there are still significant issues to challenge regarding the machine and overall…
I represented the lead defendant in State v. Chun, the case that has set the standards and procedures for DWI breath testing in New Jersey. So, a recent decision in a case interpreting Chun seems particularly ironic to me, since it highlights the State’s failure to adhere to the New…
When I speak with prospective clients who have been charged with Refusal to Submit to Breath Testing in a New Jersey DWI/DUI, I often hear, “How can I be charged with Refusal? I blew into the machine several times!” If you have been charged with Refusal, and if you attempted…
Because I was involved in State v. Chun, the case that has defined DWI defense and prosecution throughout the state of New Jersey, I have been fortunate to learn a great deal about the new breath testing machine in New Jersey, the Alcotest® 7110 MKIII-C. I have had the pleasure…
If you are convicted of a first offense New Jersey DWI/DUI, and you blew 0.15% or higher, or if you are a second or greater alleged New Jersey DWI/DUI offender, you will have to install an ignition interlock device on the car you primarily drive, if you are convicted. If…
If you are a third or greater alleged DWI offender in New Jersey, you are looking at mandatory 180 days in jail. Certainly, the best form of relief is to fight and win the current case. Otherwise, the only way to avoid jail if you are convicted is to seek…
In all states, including New Jersey, after a DWI arrest, a police officer must read a “standard statement” that contains a warning that the motorist must submit to breath testing when probable cause exists to believe the person is under the influence of alcohol. The implied consent form includes some…
If you are charged with a New Jersey DWI, and you are a doctor, nurse, lawyer, teacher, pilot, or other professional, you may have added concerns about the effect of a NJ DWI arrest or conviction on your profession. DWI in New Jersey is not a criminal offense. It is…