The New Jersey Supreme Court made an important ruling recently about the need for non-English speaking DWI offenders to understand the process of a breath test and potential repercussions for refusing it. Previously, there was no requirement for officers to translate or even try to deliver an understandable summary of the laws. Now, that has changed.

The case that made it to the state Supreme Court involved a non-English speaking man who was suspected of DWI. It was explained to him, in English, that refusing a breath test could result in additional charges and penalties. He didn’t understand and refused to take the test.

The court ruled that the suspect needs to understand the consequences of refusing. This means police will have to find ways to get the language they use translated in a manner that can be understood. According to USA Today, there are several options available for officers including a website and telephone number that can be accessed, providing an audio translation of the consequences.

The ACLU (American Civil Liberties Union) argued that Spanish speaking drivers cannot be expected to remember what was in the driver’s manual regarding breath tests while English speaking drivers are reminded when they are pulled over on suspicion of DWI. They pointed out that Miranda Rights and other such notifications are required to be translated as should be this notification.

Refusing to take a breath test is a serious matter. For your first offense, you will have your license suspended for 6 months. If this isn’t your first time, you could lose your driving privileges for up to 2 years for a second offense or 10 years for a third. This is in addition to any penalties you face for the DWI.

Though DWI’s are quite common this doesn’t mean they are any less serious. If charged with a DWI, you are looking at jail time, fines, and the loss of your license. When facing these charges, you need an attorney on your side willing to fight tirelessly in your defense.

If you are up against DWI charges, call me today. I can give you a free consultation and we can discuss the best way to handle your case.

It’s called a “professional courtesy” when an officer of the law is let off a traffic or other violation that would’ve garnered stricter attention with a regular citizen. Professional courtesies happen quite often between among the law enforcement community but rarely, it seems, when a criminal law has been broken.

According to The Start Ledger, one trooper may have gotten away with several instances of DUI between 2007 and 2008. The report claims she was pulled over 10 times between March 2007 and April 2008. At least one of those times it is suspected that she was under the influence of alcohol.

The trooper reportedly admitted to drinking “a lot” when she was pulled over in one of the incidences. That time she was transported to the local precinct where her fellow troopers picked her up and took her home. In another case the officer who pulled her over gave the trooper a ride home.

This case is particularly interesting considering the DUI crackdowns in the state recently. With drunk driving deaths and accidents regularly in the news, it is pretty rare to hear of anyone “getting away” with driving drunk.

According to officials with the State Police, this particular trooper did have a problem which has since been rectified. While they don’t come out and say it, they allude to the fact that she may have had a drinking problem and is now sober.

Regular people like you and I aren’t so lucky. If you are charged with DWI in New Jersey, you can face serious repercussions including jail time, fines, and a suspension on your driver’s license.

If you are facing charges like this now, you need the assistance of an aggressive defense lawyer that will look out for your best interests in court. Contact me today for a free consultation.

New Jersey moved to toughen laws in 1st offense DWI cases where the defendant is guilty of driving with a high level of alcohol, indicating significant impairment.The new law will require anyone convicted of drunk driving who registered a .15 BAC on a breath test machine to have an ignition interlock device installed in his or her primary vehicle as a condition of driver’s license reinstatement.

An ignition interlock device is a system that required the driver to be tested for alcohol consumption by blowing into a small machine connected to the car’s ignition. If the interlock system detects even a small amount of alcohol, the car will not start, and a failure will be logged, which could result in additional administrative or criminal charges.

The New Jersey law is slightly more moderate than the nationwide trend of requiring IID systems for ANY first offense DWI, which many states are moving to. But the restriction to only “high BAC” 1st offenders is a reasonable compromise. If someone makes a one time mistake, and is barely over the limit, they aren’t hit with this difficult and highly disruptive penalty.

It is designed to prevent those who are most likely to re-offend, someone who was driving at nearly twice the legal limit, and not a marginal case.

There is also a movement at the national level, promoted by New Jersey Senator Frank Lautenberg, to require ignition interlock devices in drunk driving cases nationwide, as a condition of receiving federal highway funds.