ADVICE ON NEW JERSEY DUI - LAW OFFICES OF RANDY C. REDDEN (856) 448-6200

DRINKING AT A COLLEGE PARTY CAN HAVE SEVERE CONSEQUENCES

5/31/2019

Let's face it, we've all been there. Attending a college party can be exciting, but there are also serious potential consequences when drugs or alcohol are involved.

1. If you're hosing the party and serve alcohol, you may be charged with a DUI if you let someone leave and drive, and if the person you provided alcohol to is under 21, you could face other charges.

2. If you're under 21 and drink and drive you should be aware that New Jersey has a “Zero Tolerance” Law for Drivers Under Age 21, meaning that, unlike an adult, you can be convicted of DUI with very little alcohol in your system and convicted of other charges by just having the odor of alcohol on your breath or alcohol in your possession.

3. A DUI or other conviction could affect your college status. Many colleges have review boards for students that have been charged and/or convicted of a crime or DUI.

4. Despite your stellar grades and participation in extracurricular activities, A DUI or criminal conviction could adversely affect you entering graduate school and your job opportunities.

Based upon the potential consequences, it is essential that you have an experienced DUI/Criminal attorney on your side. I have over 25 years experience successfully handling DUI and Criminal cases. If you or a family member have been charged with a DUI or criminal matter, call me for a free consultation. I'll explain the charges and how I can help.

All the Best!
Randy C. Redden
(856) 448-6200

DRIVE WHILE SUSPENDED FOR DUI IN n.j. AND GO TO JAIL!

5/31/2019

On May 21, 2019, the New Jersey Supreme Court, in State v. Renee Rodriguez, overturned an Appellate Court decision that allowed defendants convicted of N.J.S.A. 2C:40-26 (driving while suspended for D.U.I.), to serve their mandatory jail terms intermittently, on nights or weekends.

N.J.S.A. 2C:40-26 requires a mandatory minimum jail term of 180 days, for anyone convicted of driving while suspended due to a D.U.I. The statute applies a second driving while suspended conviction for a first DUI offender, and every driving while suspended conviction for someone who has been convicted of a second or more D.U.I.

Obviously, due to the seriousness of the consequences, its is important to have an experienced attorney represent in you in any DUI or driving while suspended case. I have over 25 years experience successfully handling DUI and suspension cases. If you or a family member have been charged with DUI, or driving while suspended, call me for a free consultation. I''l explain he charges and how I can help.

All the Best!
Randy C. Redden
(856) 448-6200

IN NEW JERSEY CAN I GET MY DUI CONVICTION EXPUNGED?

3/20/2019

The simple answer to this question is NO. But there may be ways to prevent a prior conviction from affecting you, if you're later charged with another DUI. New Jersey does not allow an expungement for any motor vehicle offense. From the time you first get your license until the time you die, every violation or relevant event, remains on your driving abstract. With each DUI conviction the penalties increase. Usually, unless there are certain aggravating circumstances, a first DUI will not result in any jail time and a license suspension of between 3 and 12 months will be imposed. For a second offense, depending on the Alcotest reading, or if other aggravating factors are present some judges may impose some jail time. However, a third conviction requires 180 day jail sentence, and the judge must impose that jail sentence.

Although prior DUI convictions may not be expunged, there are times when a prior DUI may not be counted as a prior DUI for sentencing purposes. For example, being charged and convicted for a second or more DUI, the penalties you may receive may those imposed fr a first or second DUI. There are several ways this may occur, one being if more than ten years has passed since your prior DUI.

Only an experienced DUI attorney will know all of the ways to fight your DUI and/or limit the penalties you face. I have over 25 years experience successfully defending people charged with DUI. Call me for a free consultation. I'll explain the charges and how I can help you.

All the Best!
Randy C. Redden
(856) 448-6200

DUI READINGS NOT VALID IF Alcotest machine WAS not calibrated using a NIST-traceable thermometer

3/20/2019

 Supreme Court rules Breath test results produced by Alcotest machines are inadmissible if not calibrated using a NIST-traceable thermometer State v. Cassidy (A-58-16; 078390)

DEFINITIONS OF TERMS USED IN N.J. D.U.I CASES

2/17/2019

Absorption Rate –The time it takes alcohol to enter the bloodstream.

AERF –Alcohol Education and Rehabilitation Fund a state fund dedicated to educating the public on the dangers of alcoholism. If you get convicted of a DUI in New Jersey, you will need to pay money to the AERF as part of your sentence.

BAC –Blood Alcohol Concentration. BAC, sometimes called Blood Alcohol Level, is measured in percentages and judged the amount of alcohol in a person’s system. In New Jersey, your BAC must be under 0.08% to drive, or 0.01% if you are a minor.

Blood Test –A test to measure a person’s BAC using their blood. This method can also detect if a person has been using drugs.

Breath Test –A test measuring a person’s BAC using a machine to evaluate alcohol fumes on the breath. These tests are somewhat inaccurate and can be thrown off by regurgitation or food consumption. These tests cannot be used to evaluate the use of narcotics. A skilled New Jersey DUI attorney can use the known inaccuracies of a breath test to your advantage in a trial.

Breathalyzer –The machine used in a breath test to evaluate a person’s BAC, currently the Alcotest 7110
Burnoff –The time it takes for someone to metabolize, or burn off, alcohol in their system.

Commercial Vehicle –Vehicles exclusively for commercial use. Commercially licensed drivers are expected to maintain a higher level of driving safety than the average person and, therefore, face more harsh penalties for DUI convictions.

Dram Shop Liability –The responsibility of a bar, restaurant or other establishment offering alcohol, to not serve people obviously intoxicated or minors. If someone is injured in a DUI accident, they may sue the establishment providing alcohol to the driver.

DUI/DWI –Driving Under the Influence of alcohol or drugs.

DUID –Driving Under the Influence of Drugs.

Felony DUI – DUIs with a minor in the car,or where there are injuries can result in felony criminal charges in New Jersey.

Field Sobriety Test –Tests provided by a police officer to see if a person is driving under the influence. There are three standard FST, including the walk and turn, the one legged stand and the horizontal gaze nystagmus. These tests cannot accurately measure if a person has been using a narcotic.

Horizontal Gaze Nystagmus –A test requiring the subject to follow an object in the air, such as a finger or a pen. Jerky eye movements can cause a failure in this test.

IDRC –Intoxicated Driver Resource Center. A place where people convicted of drunk driving have to attend mandatory drunk driving classes and counseling at their expense, as part of their sentence.

Ignition Interlock Device –A device attached near a car’s steering wheel. When a driver seeks to use their vehicle, they must submit a breath sample to the device. If there is alcohol on the person’s breath, they will not be able to start their car.

Impairment – When a person’s mental or physical abilities are disturbed by a substance not normally in the body. Also called intoxication.

Implied Consent – When you receive your drivers license, or drive on the roads of N.J. you are consenting to providing breath samples to determine if you're intoxicated. This only applies to breath samples. You do not have to agree to urine or blood samples, unless the police have a warrant

National Highway Traffic Safety Administration –The government agency with the most responsibility for researching DUIs. This group studies DUI statistics, provides education about the effects of drunk driving and helps to develop and evaluate new tests that measure intoxication of inebriated drivers.

Open Container Laws –Laws preventing a person from driving with open alcohol containers in their car. In New Jersey, a first time open container offense costs $200.

Per Se Laws –A law stating that even if a person seems totally in control of their actions, they still are driving intoxicated if their BAC is over 0.08% or 0.01% if they are a minor.

Regurgitation –Vomiting, belching or other rejection of stomach contents. Because regurgitation can add extra vapors in a person’s mouth, a breathalyzer test should not be performed within 20 minutes of regurgitating.

Rising Alcohol Defense –The concept that a person could be under the legal limit while driving, but additional alcohol absorption could occur between that time and the time of the test. This defense is not available in New Jersey

Sobriety Checkpoints –A point on a road where police evaluate all drivers for potential intoxication.

Vehicle – Any mode of transportation, not limited to cars, trucks, boats and bikes.

Walk-and-Turn test –A field sobriety test requiring a person to walk heel-to-toe in a line, then turn and return heel-to-toe.

Zero Tolerance –The law regarding a minor’s ability to drink and drive. Any minor with 0.01% BAC or above can be convicted of a DUI.

DRIVER CANT BE CHARGED WITH REFUSAL, IF THEY DON'T UNDERSTAND ENGLISH INSTRUCTIONS

2/17/2019

Several years ago, the Supreme Court of New Jersey stated that a person who was not fluent in the English language at the time of the traffic stop, was not liable for Refusal to Submit to a Breath Test because he had not understood the penalties stated to him in the English language.

In New Jersey, a person has given “his consent to the taking of samples of his breath…to determine the content of alcohol in his blood” when the arresting officer has “reasonable grounds to believe that such person has been operating a motor vehicle” while under the influence of alcohol or drugs. If the individual refuses, the police officer will read the Standard Statement that explains the penalties associated with refusal. If the individual continues to refuse to consent to a breathalyzer or Alcotest 7110 after being read this statement, then that person will most likely be charged with “refusal” pursuant to N.J.S.A. 39:4-50.2.

The penalties for Refusal to Submit to a Breath Test in New Jersey are quite severe, closely mirroring the penalties for actual DWI convictions. These penalties include:

License Suspension. For a first offense breath test refusal, an offender faces a seven (7) month license suspension. A second offender is subject to a two (2) year license suspension. An offender with three or more breath test refusals is exposed to a ten (10) year license revocation.

Fines. For a first offense refusal, a fine of $300-$500 will be imposed, for a second offense the fine will be between $500-$1,000, and for a third or subsequent refusal the fine will be $1,000.

Ignition Interlock. For a first offense refusal, an ignition interlock device must be installed during the period of license suspension and for between 6 months and 1 year immediately following the restoration of the offender’s driving privileges. For any repeat offender, the interlock device must be installed during the license suspension and for a period between one (1) and three (3) years immediately following the restoration of the driver’s license.

N.J.S.A. 39:4-50.2 also requires that an officer “shall inform” the suspect of his or her rights. In New Jersey, this is usually done by way of a Standard Statement issued by the New Jersey Attorney General that clearly lists the consequences of refusal and that a police officer is required to read to a motorist suspected of driving while intoxicated. In the Marquez case, the officer did not fail to read the Standard Statement to Marquez. However, the New Jersey Supreme Court ruled that a driver who cannot understand English has not been “informed” of the consequences of refusal when read the Standard Statement by an officer in the English language. New Jersey police officers now have tools that they must use in order to ensure that persons pulled over under suspicion of a DWI are read a Standard Statement that clearly enumerates the consequences for a refusal in language that they fully understand in order to make an informed decision.

A DUI is serious offense that has severe penalties, including the possibilty of

Jail
License Suspension (you can’t even drive to work)
Fines, Surcharges, Increased Insurance Rates
Possible Job Loss or effect on future jobs
Effects on immigration status

I have over 25 years' experience successfully representing drivers charged with D.U.I. If you've been charged with D.U.I. call my office for free consultation. I'll explain the charges and how I can help you.

All the Best!
Randy C. Redden
(856) 448-6200

POSSIBLE WEEKEND JAIL FOR DRIVING WHILE SUSPENDED DUE TO D.U.I.

8/22/2018

After an Appellate Division decision holding that those convicted of Driving While Suspended for D.U.I. can serve their 180 day jail sentence intermitantly, the issue now goes to the The New Jersey Supreme Court.

The Supreme Court granted a petition for certification in the case, State v. Rodriguez, earlier this month, on Aug. 1. The April 2018 decision affirmed lower court rulings allowing five Camden County drivers who had been convicted of the fourth-degree offense of driving while suspendedto satisfy their jail sentences in this way.

The Appellate Division held that intermittent sentences, such as Friday night through Sunday, allow those drivers to continue to be employed, assuring continued salary and benefits such as health insurance, and to continue to take care of their families.

***In a related issue, the Appellate Division last month decided that intermittent jail service was “not an option” for those sentenced to jail on multiple drunken-driving offenses.

As you can see driving while suspended, especially for a D.U.I. can have serious consequences, and you should have an attorney who is experienced in these issues. I have over 25 years experience with D.U.I. and Driving While Suspended cases. If you or a family member have been charged, call me for a free consultation. I'll explain the charges and how I can help you.

All the Best!
RANDY C. REDDEN
(856) 448-6200

NEW JERSEY ATTORNEY GENERAL APPROVES NEW DUI TEST

8/21/2018

A DUI conviction has serious consequences, including, loss of your license, surcharges, fines and possible jail time. Therefore, its not unreasonable to expect that the manners in which you can be convicted be accurate. In New Jersey, generally you can be convicted in two ways:

1. Field Sobriety Testing
2. Breath Testing

Field Sobriety testing has it’s own limitations and is not particularly reliable. However, most people assume that breath testing is reliable and, as a result, plead guilty without consulting an attorney. That is a mistake. In the early 2000s, New Jersey replaced the Breathalzyzer with the Alcotest 7110 MKIII-C, manufactured by Draeger, apparently to insure breath test results were more accurate and reliable. However, although the 7110 MKIII-C was more reliable and accurate, it still has some issues. The machine’s accuracy was challenged in court, and the New Jersey Supreme Court, held the machine was accurate, as long as certain conditions were met. However, over time, more issues with the machine arose and still remain.

Now the New Jersey Attorney General has approved the use of a new machine, also manufactured by Draeger, the 9510. Many states currently use the 9510, including Massachusetts, and there appears to be issues with this machine as well. I’m sure this machine’s reliability will also be challenged in court. Stayed tuned.

Due to the serious consequences from a conviction, if you or a family member have been charged with a DUI its important that you consult with a experienced DUI attorney. I have over 25 years experience successfully handling DUI cases. Call me for a free consultation. I'll explain the charges and how I can help you.

All the Best,
RANDY C. REDDEN
(856)448-6200

THIRD D.U.I CONVICTION REQUIRES continuous 180 DAYS IN JAIL

7/20/2018

On July 19, 2018, the Appellate Division resolved the issue of whether a Defendant, convicted of a third or more D.U.I., can serve his 180 day jail sentience at the rate of two days per week, so that he would not lose his business. In State v. Anicama, the court ruled the Defendant was not entitled to such an arrangement and must serve the full 180 day sentence continuously. As a side note, the statute does allow a judge to permit a Defendant to serve 90 of the 180 day sentence in an approved in-patient treatment facility.

The PDF of the opinion in State v. Anicama is available here.

A D.U.I. is a serious charge that can result in a license suspension, jail time, as well as significant fines and surcharges. In addition, a conviction can effect your employment, or future employment opportunities. If you're charged with a D.UI., don't try and handle it alone. Contact an experienced D.U.I. attorney.

I have over 25 years experience successfully representing people charged with D.U.I. Call me for a free consultation, ad I'll explain the charges and how I can help you.

All the Best,
RANDY C. REDDEN
(856) 448-6200

WHEN A DUI IS A CRIMINAL MATTER

6/7/2018

Unlike in some States, in New Jersey a DUI charge is a motor vehicle offense, not a criminal offense and a conviction doesn't result in a criminal record...unless:

Under some circumstances a DUI can become the basis of criminal charges. The obvious instance would be if someone died as a result of an accident involving an intoxicated driver. Below are a few examples.

I. Vehicular Manslaughter
In New Jersey, a person can be convicted of “vehicular homicide” (sometimes called “vehicular manslaughter”) for causing the death of another person by operating a vehicle or boat recklessly.

Recklessness. A person operates a vehicle or boat recklessly by consciously disregarding a “substantial and unjustifiable risk.” In other words, the person knows the manner of driving or boating poses a significant danger to others but decides to do it anyway.
Causation. A driver can’t be convicted of vehicular homicide unless there’s proof that the reckless driving was a cause of the victim’s death. It’s not enough to merely show the defendant drove recklessly and someone died—there needs to be a link between the reckless driving and the death.
increase the penalties for a vehicular homicide conviction.

Vehicular Homicide Penalties The consequences of a vehicular homicide conviction depend on the circumstances. But generally, the possible penalties are:

Standard vehicular homicide. In most cases, vehicular homicide is a second-degree crime. A conviction generally carries between five and ten years in prison and up to $150,000 in fines. However, the offender may become eligible for parole release prior to completing the entire prison sentence.
Offenses involving intoxication or a suspended license. Defendants who commit vehicular homicide while intoxicated or on a license that was suspended for a DWI or BWI are guilty of a second-degree crime and subject to the standard penalties (see above.) However, these offenders additionally face a minimum prison term of at least three years. An offender can’t become eligible for parole until the minimum term is complete. Defendants who were intoxicated while committing vehicular homicide also face a license suspension of five years to life.
Aggravated vehicular homicide. Vehicular homicide committed within 1,000 feet of a school or in a school crossing is considered an aggravated offense. Aggravated vehicular manslaughter is a first-degree crime. Anyone convicted faces a ten-to-20-year prison sentence and up to $200,000 in fines.

II. Assault by Auto

Assault by auto is an extremely serious charge that can be even worse if you were under the influence of alcohol or drugs. The law in New Jersey contains a specific provision that addresses assaults involving automobiles. When someone other than the accused drunk driver suffers injuries as a result of an accident caused by a DWI, the police may file a separate charge known as assault by auto. Unlike a DWI charge in New Jersey, which is a traffic violation instead of a criminal charge, assault by auto is a criminal charge. Assault by auto occurs if a person drives a vehicle recklessly and causes a bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical condition, and a serious bodily injury is a bodily injury that creates a substantial risk of death or serious, permanent disfigurement, or the protracted loss or impairment of the function of any bodily member or organ.

The level of crime increases if the defendant is driving under the influence of alcohol or drugs. Thus, if someone violates the DWI statute while committing assault by auto, and a serious bodily injury takes place, the crime is elevated to a third-degree offense, punishable by up to five years in prison. If a bodily injury takes place while driving drunk, the crime is of the fourth degree, which can carry up to 18 months in prison. Penalties are increased if the accident takes place in a school zone.

III. Endangering the Welfare of a Minor
Endangering the welfare of a child in New Jersey is a criminal offense governed by N.J.S. 2C:24-4 which provides:

Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S. 9:6-1, R.S. 9:6-3 and P.L. 1974, c. 119, § 1 is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

Endangering the Welfare of a Child can include any of the following:

Statutory Rape (with a minor under 16 years of age)
Sexual Assault
DYFS hearings
Driving while Intoxicated (DWI) with a minor in the vehicle
Child abuse
Child neglect
Child molestation
Child pornography

Endangering the welfare of a child in New Jersey can be a second degree or a third degree offense, depending on the circumstances of the alleged crime. A second degree crime in New Jersey contains a presumption of imprisonment with a range of incarceration up to (10) years. A third degree offense, on the other hand, contains no presumption of imprisonment; therefore any individual convicted of the lesser third degree charge may be able to serve a probationary sentence rather than jail time. Any potential incarceration is also significantly less than a second degree offense and includes a range of only three (3) to five (5) years of jail time.

Criminal cases involving a DUI are complicated, and a conviction results in serious penalties. You should have an experienced attorney by your side throughout the process. I have over 25 years experience successfully representing people charged with DUI and crimes. If you, a family member, or friend is charged with DUI or criminal charge, call me for a free comprehensive consultation. I’ll explain the charges, and how I can help you.

All the Best!
Randy C. Redden
(856) 448-6200

Author

Randy C. Redden is a New Jersey attorney, who has been practicing DUI/DWI law for over 26 years and has successfully represented hundreds of clients.

Associated with DUI/DWI cases, Mr. Redden has handled thousands of other traffic matters, including cases involving speeding, reckless driving, careless driving, leaving the scene of an accident, driving while suspended, refusal to submit to Breathalyzer/Alcotest,

He is licensed to practice in all State and Federal Courts of New Jersey, as well as the Supreme Court of the United States.

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