DWI vs DUI in New Jersey

December 8, 2016 · Posted in Blog, DWI / DUI Blog 

New Jersey DWI/DUI FAQs

The DWI attorneys at the Law Office of Randolph H. Wolf have been representing defendants charged with DWI/DUI for over more than 25 years. We know not only the law, but also how the system works and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.

The following are some of the most commonly asked DWI questions.  Read More »

Out of State DWI Convictions May Count Towards Priors

October 4, 2016 · Posted in Blog, DWI / DUI Blog 

Out of State DWI Convictions May Count Towards Priors When Charged with Violating N.J.S.A.2C:10-26 (Fourth Degree Operating a Motor Vehicle During a DWI Suspension)

Just recently, in State v. Luzhak, the New Jersey Appellate Division construed N.J.S.A. 2C:40-26, fourth degree operating a motor vehicle during a license suspension stemming from DWI, to apply to DWI convictions from anywhere in the United States. In that case, the defendant, who had two prior DWI convictions, one from 2013 in Maryland and the other from 2010 in New Jersey, was issued a motor vehicle summons in Woodbridge for driving with a suspended license in violation of N.J.S.A. 39:3-40. Read More »

Defense to a Refusal Charge in New Jersey: The Confusion Doctrine

December 10, 2015 · Posted in Blog, DWI / DUI Blog, Traffic Law Blog 

There are very few defenses to a refusal charge in New Jersey.  In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove the following four essential elements:

(1) probable cause to believe that the defendant had either been driving or was in control of a motor vehicle while intoxicated;

(2) police officers in fact arrested the defendant for driving while intoxicated;

(3) officers informed the defendant of the consequences of refusing to submit to a breath test and subsequently request that defendant submit to a breath test; and;

(4) the defendant refused to submit to the breath test.

[State v. Marquez, 202 N.J. 485, 503 (2010).]

If you are arrested on suspicion of driving while intoxicated (DWI), however, it can be a confusing and intimidating situation.  There are many questions that may run through your mind, such whether or not you have a right to refuse the test or consult with an attorney before deciding whether or not to submit to the breath test.  In fact, the various statements read by police officers to individuals arrested for suspicion of DWI can often compound this confusion.

Police officers first usually read the DWI the Miranda warning, followed by the “implied consent” warning.  While the Miranda warnings state that a defendant has the right to remain silent and the right to consult with an attorney, the “implied consent” warning specifically informs the suspect that the right to remain silent and the right to consult with an attorney do not apply to the taking of breath tests.
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Will a Prior Out-of-state DWI Conviction Enhance a Subsequent DWI in New Jersey?

June 17, 2014 · Posted in Blog, DWI / DUI Blog 

Clients often inquire as to whether or not any previous out-of-state DWI convictions or other alcohol-related traffic violations will effect their New Jersey DWI matter.  A previous out-of-state alcohol-related traffic offense can indeed affect the penalties that will be imposed in your current New Jersey DWI case.  This is because the DWI penalties in New Jersey increase with each subsequent DWI conviction.  Due to the Interstate Driver’s License Compact (IDLC) a New Jersey court can count an out-of-state conviction as a prior conviction for sentencing purposes if the statute under which they were convicted of having violated is considered to be of a “substantially similar nature” to a DWI in New Jersey.  N.J.S.A. 39:5D-4(2)(c). Read More »

Military DUI’s in New Jersey

March 9, 2014 · Posted in Blog, DWI / DUI Blog 

Being convicted of a DUI as a member of the military can carry a variety of negative consequences, both professionally and civilly.  Military clients often contact Randolph H. Wolf to aggressively defend against military DUI convictions with several questions about the consequences they face.  This article will provide a brief overview of those consequences.

There are two types of military DUI cases: those where a military member is arrested by the civilian police for DUI and those where a military member was arrested for DUI while on base.  The procedures and consequences depend on which type of case you fall under. Read More »

Driving Under the Influence of Marijuana

March 2, 2014 · Posted in Blog, DWI / DUI Blog 

Although some states have begun legalizing marijuana for both medical (such as New Jersey) and recreational use (such as Colorado), much research has not yet been conducted on the effects of driving while under the influence of marijuana.  Answers to important questions such as how dangerous it is, how to test for impairment due to marijuana, and how the risks compare to driving while intoxicated, have been slow to reach the general public.  Read More »

Randolph H. Wolf Challenges Warrantless Blood Draw in DWI Case

January 24, 2014 · Posted in Blog, DWI / DUI Blog 

Randolph H. Wolf was recently retained to represent a client who had been involved in motor vehicle accident and was subsequently charged with DWI.  The police escorted the injured client to the hospital where a blood test was taken which indicated that the client was intoxicated at the time of the accident.  Randolph H. Wolf recently filed a motion in the municipal court, seeking to suppress the blood test results on the basis that they were improperly obtained without a valid warrant and without the consent of the defendant.

The United States Supreme Court first considered the Fourth Amendment restrictions on blood tests in Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), where a blood sample was drawn from a defendant suspected of driving while under the influence of alcohol.  Noting that search warrants are ordinarily required for searches of homes, the Court reasoned that absent an emergency, no less should be required where intrusions into the human body are concerned, even when the search was conducted following a lawful arrest.  Thus, absent emergency circumstances (or “exigent circumstances”), a warrant will typically be required for blood tests.  Read More »

Driving Under the Influence with a Minor Passenger

December 9, 2013 · Posted in Blog, DWI / DUI Blog 

In New Jersey, those who are charged with driving under the influence with a minor in the vehicle can face penalties in addition to the standard DWI penalties. For example, a South Jersey woman was recently arrested after she drove a school bus with 25 children on board. The defendant had a blood alcohol content of 0.25% — three times the legal limit of 0.08%. The woman was charged with 25 counts of driving under the influence with a minor, 25 counts of endangering the welfare of a child, driving under the influence on school property, and disorderly conduct. Read More »

The Ignition Interlock Requirement for Out of State Drivers

July 19, 2013 · Posted in Blog, DWI / DUI Blog, Out-of-State Drivers Blog 

The ignition interlock requirement, which went into effect in January 2010, is a relatively recent development under New Jersey DWI law.  Under the new law, first-time DWI offenders whose blood alcohol content (“BAC”) is 0.15% or higher must install the interlock device in their vehicle.  Moreover, those individuals convicted of a subsequent DWI – regardless of their BAC – are required to install the interlock device.

Often times, our DWI clients are licensed in a state other than New Jersey.  One of the questions that arise in these cases is whether or not the individual is required to install the ignition interlock device on their vehicle.  In an article entitled “Ignition Interlock Device FAQs,” the New Jersey Motor Vehicle Commission has stated the following on this topic:   Read More »

Conditional Licenses for New York Licensed Drivers Convicted of DUI in New Jersey

July 15, 2013 · Posted in Blog, DWI / DUI Blog, License / Insurance Blog 

Often times, the Law Office of Randolph H. Wolf represents individuals who are convicted of driving under the influence (“DUI”) in New Jersey but who are licensed in another state.  While New Jersey will not permit conditional driving privileges under any circumstances, it may be possible for those individuals who are licensed in New York to receive a conditional license from the New York DMV.

Pursuant to New York State VTL §1196 (7), an individual that is convicted of DUI in another state may be issued a conditional license, provided they participate in what is known as the Drunk Driver Program (also known as DDP).  The DDP is a 16-hour educational and rehabilitative program.  To enroll in the DDP, an out-of-state DUI applicant must first wait until the New York DMV enters proof of the out-of-state DUI conviction in their system.  The NY DMV will then mail the individual an Order of Suspension or Revocation along with information regarding enrolling in the DDP.  Applicants are generally eligible to participate in the DDP as long as they have not been convicted of DUI in the last five years.  The program, however, is not available for those convicted of a refusal.   Read More »

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