DWI Information

A New Jersey man who challenged his fourth DWI conviction all the way to the state’s Supreme Court finally got a ruling last week. James Denelsbeck was facing a 180-day mandatory jail sentence, plus thousands of dollars in fees and fines. Because of the severity of the punishment, Denelsbeck requested a trial by jury, which was denied on the grounds that DWI cases are traffic matters, not criminal prosecutions.

Denelsbeck argued that the punishments for his conviction were comparable to those of a crime. The New Jersey Supreme Court disagreed, declaring that DWI prosecutions remain a matter for municipal courts. This approach to DWI is unique among the states, with most treating them as criminal matters. People convicted of DWI in New Jersey will not have a criminal record, but do face a number of penalties over a period of years when they are convicted.

There are defenses for DWI charges in New Jersey. If you’ve been charged with drunk driving, talk to an experienced DWI attorney today. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges. Call 732-625-9660 today for a free consultation.

One of the most common questions people have when they’re facing DWI charges is whether they’ll have a criminal record if they’re convicted. The answer is no, but that doesn’t mean they’ll face no scrutiny. Drunk driving charges in New Jersey are technically classified as traffic infractions, but the degree of public interest, not to mention punishment if you’re convicted, push it into a quasi-criminal realm. Your local paper is unlikely to include reports of traffic tickets in its coverage of the local police blotter, but a New Jersey DWI arrest does make the cut.

Media reports of an arrest are typically not a violation of your rights or actionable on your end, but they do raise the question of whether DWI is properly categorized in the state. Punishment for DWI, especially when a driver has had previous arrests for driving drunk, look increasingly like the penalties a criminal defendant would face for a variety of charges we prosecute in the state every day, but in a DWI case, defendants aren’t even entitled to make their case to a jury.

Drunk driving charges are tough for you, your family, and your career. You can lose your license for months or years, pay huge fines, and even face jail time. While the media is free to report the arrest, and you’ll likely have to explain it in some difficult situations down the line, you can fight back and win. Matthew Reisig has helped more than 1,040 drivers in New Jersey avoid conviction in their DWI cases. Call 732-625-9660 today for a free consultation.

Bergen County Public Safety Director Ralph Rivera, who spent nearly 30 years as a state trooper, has been suspended with pay after a report that he tried to intervene in a DWI stop in Hackensack in March.

According to the police report, Rivera appeared on scene shortly after his friend Francisco Almonte was pulled over for failing to use a turn signal around 3:30 in the morning.

Rivera interrupted Officer Andrew Kara a total of four times, repeating his law enforcement credentials in an effort to keep his friend, Almonte, from being arrested.

Officer Kara explained that he would treat the situation the same as any other, and the incident eventually made it back to Rivera’s Bergen County bosses, who launched an investigation through the Bergen County Prosecutor’s office.

Almonte, whose blood alcohol level was ultimately recorded at .03%, has pleaded not guilty to the charges, while Rivera’s future remains in doubt. Rivera will be called as a witness in Almonte’s trial.

Every DWI case has defenses. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges.

Call 732-625-9660 today and talk to an experienced New Jersey DWI defense attorney for free.

A TSA Screener at Newark Liberty International Airport got more than a DWI charge when she was stopped outside the airport at 1:30 in the morning last January.

Kimberly Fleming, 33, had a blood alcohol level that was nearly twice the .08% limit, and Port Authority police report that her eyes were bloodshot and she was wearing only one shoe.

After failing field sobriety tests, she was booked for DWI, and released later in the day pending an appearance in Elizabeth Municipal Court.

Anyone in that situation would need to deal with the drunk driving charge, but because Fleming is an employee of the Transportation Security Administration, she was also subject to a seven day suspension following her arrest.

Employers, and especially government employers at any level, often have their own policies related to allegations of off-duty misconduct, which can be costly whether you’re hourly or salaried.

Understanding your rights and knowing how to protect your income, career, and fight back against a DWI charge is a job for your attorney.

If you’ve been charged with DWI in New Jersey, protect yourself as thoroughly as possible.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.

Since 2014, police departments across New Jersey have been under a legal mandate to install camera systems into their new vehicles, paid for in part by a $25 fee lodged against people convicted of DWI.

The law came about after Assemblyman Paul Moriarty of Gloucester was charged with DWI in 2012.

The police car that pulled him over was equipped with a camera, and Moriarty was able to use the police’s own footage to have his case thrown out.

Municipalities have bristled at the mandate. They took their complaints to the state’s Council on Local Mandates, which evaluated the law and found that the funding mechanism is insufficient to meet the state constitution’s “state mandate, state pay” requirement.

Paul Medany, the mayor of Deptford Township, made the case before the council that police in his town write 10-15 DWI tickets every month, which would supply only about 6% of the funding it needs to be in compliance.

Because video of encounters with police can be so powerful in a trial, this ruling cuts both ways.

When police are in the wrong, there’s little that makes the case more clearly than showing the recording of the stop.

Footage that shows a driver appearing intoxicated is equally compelling.

It’s unclear how the state will respond to this ruling, but as New Jersey sorts out DWI law and punishments, equipping our police with cameras will certainly be an element in the conversation.

If you’ve been charged with DWI in New Jersey, fight back. Matthew Reisig has helped more than 1,040 drivers avoid conviction on DWI charges.

Call 732-625-9660 today and talk to an experienced New Jersey DWI defense attorney for free.

A California woman has been charged with DWI after a late-night stop on Route 182 by Hackettstown police. Maia Hippard-Roff, 22, of Redwood City, California, was charged with driving while intoxicated, careless driving, and maintenance of lamps.

Police report that the driver was stopped after a moving violation, and during the interaction the officer detected the odor of alcohol on the driver’s breath.

Being charged with DWI while traveling out of state can be a big problem for a driver. While the infraction occurred outside of the jurisdiction where you are licensed, most states are part of an interstate compact that shares information about DWI/DUI arrests.

In this case, New Jersey won’t have the authority to suspend the driver’s license, but by notifying their counterparts in California, a conviction may mean that the penalties will transfer.

Each state’s laws vary in how they implement enforcement, so a driver in this situation may end up needing legal help in both states.

The clearest way to avoid penalties for a DWI in New Jersey is to work with an experienced DWI defense attorney.

Matthew Reisig has helped more than 1,040 drivers avoid conviction on DWI charges, and has argued elements of DWI law before the New Jersey Supreme Court.

If you’re facing drunk driving charges anywhere in New Jersey, call 732-625-9660 today for a free consultation.