by Lindsay Bernstein

Common Offenses That Lead to a Suspended License in New York

We frequently overlook or undervalue our ability to drive, regarding it as a right rather than a privilege. Though most of us know that there are fines and penalties for breaking traffic laws, we may not realize that some infractions carry stricter penalties – such as the suspension or revocation of a driver’s license.If you find that your license has been suspended because of a DWI/DUI or as the result of another traffic violation, you need to talk to a DWI/DUI lawyer or traffic ticket attorney. Find out more about your rights, as some suspensions result from activities unrelated to driving. Learn more about your rights – Contact a traffic ticket attorney or DWI/DUI Lawyer in New York.

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Driver’s License Suspension vs Revocation: What’s the Difference?

If you get a license suspension, you can’t legally drive for a specific time. When the suspension ends, the DMV will reinstate your driving privileges. The length of the suspension depends on the reason for the penalty and, therefore, can span from a few days to several months.

Some of the common reasons include:

• Getting a DWI/DUI conviction
• Not carrying auto liability insurance
• Getting too many traffic tickets in a short amount of time
• Failing to pay a fine 
• Not filing an accident report
• Not paying state taxes
• Failing to pay child support
• Having a medical condition, such as epilepsy

Revocation of a driver’s license means the license was canceled, and you lost your driving privileges. You may reapply for a new driver’s license after the revocation period ends. This may involve paying fees and taking tests.

The DMV may refuse to accept your application for a notably bad driving record or if you don’t meet agency requirements. If it permanently revokes your license, you can’t get a new one, even if you attempt to do so.

Driving with a Suspended License: The Dangers

If you decide to operate an automobile with an invalid license, there is much more at stake than legality alone; here’s what might happen if caught by authorities:

Jail Time – Depending on where exactly the act took place and under what circumstances, imprisonment terms could range from days to years behind bars.

Heavy Fines – The monetary penalties associated with being caught driving on a suspended or revoked license can exceed several thousand dollars.

Common Offenses that Lead to a Suspension and What You Can Do to Avoid These Violations

Getting Several Speeding Tickets in a Short Period of Time

Having three speeding tickets within 18 months in New York can lead to a license suspension. Therefore, follow speed limits at all times.

Here are a few tips on how to prevent speeding:

• Always pay attention to posted speed limits.
• Use the cruise control when driving on highways.
• Leave early enough so that you do not have to rush.
• Slow down in speed traps and areas with heavy enforcement.
• Pay attention to speed limits in work zones. The system in these zones uses radar to catch speeding motorists. The system triggers a camera to capture photos and record the speeds of passing autos.

Driving Without Insurance

Driving an uninsured vehicle is illegal and extremely dangerous. Insurance protects you financially in case of accidents/ To avoid this situation:

• Set up automatic payments for your insurance premiums.
• If cost is a concern, shop around for affordable insurance options.
• Consider a use-based insurance program if you rarely drive.

Getting Too Many Points on Your DMV Record

In New York, getting 11 or more points within 18 months will result in a suspended license. Different traffic violations carry different point values, with the more serious ones having higher points attached.

To ensure that you have as little points as possible:

• Always obey every traffic law consistently.
• Sometimes, defensive driving courses can help take off points from your record.
• When given a ticket, explore plea bargains or traffic school options that reduce the points awarded.

Driving Under the Influence (DUI)

This is one of the most severe traffic offenses. DUIs attract hefty fines, jail time, and loss of driving privileges, among other penalties.

Here is how you can avoid getting charged with DUI:

• Plan ahead when you plan to drink. Use services like rideshares or taxis, assign someone who will not drink as the driver, or plan a sleepover at your host’s place, if necessary,
• Know that certain drugs impair your ability to drive.

Remember, even if your blood alcohol level is below the legal limit, you can still be charged with the offense if your driving skills are impacted.

Zero Tolerance Laws for Young Drivers

Drivers under the age of 21 can get their licenses suspended for having even a small amount of alcohol in their system. This reflects the stricter standards applied to younger and less experienced drivers.

Below are tips for young people who drive:

• Do not drink any alcohol before driving,
• Understand that some medications or foodstuffs may contain small amounts of alcohol, which, can register on tests,
• Peer pressure should not be allowed to put your license and future at risk.

Refusing a Chemical Test

Refusing to take a chemical test when suspected of DUI can lead to automatic license suspension regardless of whether you are drunk or not because of implied consent laws.

To avoid this situation:

• Know your rights and what happens if you decline,
• If you have not been drinking, it is usually advisable to take the test
• Keep contact details for a DWI/ DUI attorney on your smartphone

Failure to Pay Child Support

Though unrelated to traffic matters, failure to pay child support payment(s) attracts suspension of driving privileges. This is done to enforce compliance.

You can avoid a suspension by:

• Giving priority towards making timely full payments each month,
• Requesting adjustments from relevant authorities when facing temporary financial difficulties – meeting obligations fully or partially,
• Communicating changes that affect your ability to meet your obligation promptly.

Ignoring Court Judgments from Traffic Accidents

Failing to pay damages awarded against them or a failure to appear at certain court proceedings can lead to a license suspension.

Writing Bad Checks to the DMV

Someone’s license can be suspended by writing a check that bounces–due to insufficient funds–to the Department of Motor Vehicles (DMV).

Here’s how you can prevent it:

• Always ensure that there is enough money in your account before writing checks.
• Use credit cards or money orders as an alternative payment method for DMV transactions.
• Notify both your bank and the DMV immediately if you accidentally write a bad check.

The Need To Stay Informed

Many drivers do not know how many ways to lose their driver’s license. It is important then to:

• Keep track of your driving record and check its accuracy.
• Get updates on current traffic laws and regulations.
• Settle any tickets or citations issued promptly and without delay.
• Hiring a traffic lawyer when facing a possible suspension from driving privileges.

Immediate Suspension for DWI/DUI

• Refusing a Chemical Test: At arraignment – before conviction – if you refuse a Breathalyzer or other chemical test, your license is immediately suspended.
• Per Se Law: If your BAC is .08 percent or higher, your driver’s license will be subjected to immediate suspension.

Post-Conviction Suspension for DWI/DWAI in New York

• DWI Conviction: A 6-month minimum revocation period typically applies when you’re convicted for driving while intoxicated (DWI).
• DWAI Conviction: Driving while ability impaired (DWAI) by alcohol leads to ninety days’ suspension of your driving rights.
• Zero Tolerance Law: For drivers aged below 21 years, any BAC between .02 percent and .07 percent leads to a six-month license suspension following a DMV hearing.

Aggravating Factors for DWI

• Multiple Convictions: Subsequent DUIs within a specific time frame might cause lengthy suspensions or permanent bans from driving.
• Extremely High BAC: A DWI charge with a BAC level exceeding 0.18 percent, typically leads to a driver’s license suspension of not less than 12 months. A second offense of aggravated driving while intoxicated (AGG DWI) lengthens a suspension to at least 18 months, and a third AGG DWI results in a revocation of at least 18 months.
• Leandra’s Law Violation: This law is also known as the Child Passenger Protection Act. Under this legislation, a person who operates a vehicle while under the influence, with a child aged fifteen years or younger as a passenger, risks losing his/her right to drive legally for at least one year.

Administrative Vs. Court Ordered Suspensions

Suspension of a motorist’s driving privileges can be done either administratively or through a court order:

• Administrative actions taken by the Department of Motor Vehicles (DMV) are independent from any suspension imposed by the courts.
• Concurrently or consecutively,  these suspensions can run together depending on the factors connected to individual cases.

Procedure for Restoring Driving Privileges

Following the suspension period, there are certain things you might have to do:

• Pay a reinstatement charge.
• Show that you finished all necessary alcohol education or treatment courses.
• In some cases, an ignition interlock device must be installed on your vehicle.
• You may need to reapply for your license and take a driving test again.

Contact a Traffic Ticket Lawyer or DWI/DUI Attorney Today If Your License is Suspended

A traffic ticket attorney or DWI/DUI lawyer can help you realize a better outcome than a license suspension. Make sure you have a legal advocate on your side. Contact a New York criminal defense lawyer for a case review and consultation now.

by Lindsay Bernstein

Leaving the Scene of an Accident in New Jersey

Imagine the following scenario. You’ve just had a long day at the office. All you’re thinking about is what to make for dinner. Then, suddenly, you realize you’ve hit another car.

Your heart is racing, and you feel panicked. This is not the time to flee. Whenever you’re involved in an auto wreck, you have a legal obligation to report the accident to the police. It’s the law in the Garden State. Reach out immediately to a DUI/DWI lawyer in New Jersey if you are involved in a car accident.

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Discuss Your Car Accident with a DUI/DWI Attorney or Criminal Defense Lawyer

If you’re involved in a car accident, you need to discuss your rights with a DUI/DWI attorney or criminal defense lawyer. Complying with the law and working with an attorney are always smart moves.

Understanding Your Legal Duty

According to New Jersey law, anyone involved in an automobile collision MUST stop and disclose their identities and provide relevant information related to insurance coverage.

It’s important to note that this provision is not discretionary. The sole purpose of the law is to protect everyone concerned at an accident scene.

Below are some key takeaways:

• Sharing information: Each driver must share personal details, including their name and address, as well as those of their insurers
• Aiding one another: If someone gets hurt during the accident, it’s important to provide the required help – dialing 911, performing basic first aid, or staying on the scene until emergency responders arrive

It may be tempting to leave an accident scene, especially in cases where there appears to be no apparent or life-threatening damages or mechanical problems or issues. However, some car damages may remain hidden until after an accident. Again, remaining at the scene, as the law requires, guarantees your protection and the protection of others.

The Penalties for Leaving the Scene of an Accident

The penalties for hit-and-run in New Jersey are harsh and become increasingly severe when there is bodily harm or death. Let’s break down the numbers:

Property Damage Only: Still Not a Light Offense

Even if no one got hurt during the crash, except for property, such as a bumper or headlights, you’re obligated to share information and stay on the crash scene. If you leave the scene, you may be looking at the following penalties:

• Imprisonment: Maximum 30 days behind bars
• Driver’s License Suspension: Driving privileges revoked for not more than 30 days
• Fines: An initial fine ranging between $200 and $400, which can double after subsequent offenses 
• Insurance Surcharge: A minimum of $450 may be added onto premiums (In fact, your insurance can increase by as much as 84 percent)
• Points: Two points added to your driving record if there aren’t any injuries and only damages to property

Hit-and-Run with Injuries or Fatalities: Life-Changing Consequences

Once a person sustains injuries or dies after a hit-and-run, things can take a life-changing turn:

• Time Behind Bars: You can spend up to five years inside a state prison
• Driving Ban: A total restriction against holding any license type – valid for one calendar year following the conviction date
• Monetary Penalties: If a life is lost due to driver negligence, fines can reach as high as $15,000
• Insurance Premiums Increase More Than Expected: Your premium can increase by as much as six hundred dollars above the minimum – all meant to teach drivers not to run away from their legal responsibility. As noted, on average, New Jersey insurance rates increase by 84 percent after a hit-and-run conviction — or escalate to thousands of dollars each year
• Points: Eight points applied against your driving license
• Job Outlook: A hit-and-run record can bar you from applying for many jobs, especially driver and trust-related opportunities
• Emotional Impact: You can experience psychological consequences to living with the guilt of abandoning someone in need
• Civil Lawsuits: Fleeing an accident is essentially an admission of guilt, which only raises the likelihood that you’ll be sued for damages in a civil court

What Should You Do If Involved In An Accident? (Step-by-step guide)

• Stop Immediately – Pull over as close as safely possible to where everything happened.
• Check for Injuries – Look yourself over and check others involved if you can, and call 911 or the police.
• Again – Remain Calm – Take deep breaths and stay composed.
• Exchange Information – Get names, contacts, insurance numbers and license plate numbers from everyone involved in the crash.
• Document the Accident Scene – If it’s safe, take pictures showing the damage along with photos that show the intersections/streets/signs at the accident site.
• Notify Your Insurance Provider – Let your insurance company know what happened as soon as possible.
• Seek Medical Attention – Even if you feel fine now, some injuries appear later. It’s better to be safe than sorry.
• Seek Help from an Attorney – Reach out to an attorney who handles accident cases such as yours if you were impaired or were at fault for the mishap.

The Bottom Line: Always Stay on the Scene – Never Leave a Crash Site

No matter how afraid or unsure you are about the aftermath of an accident, fleeing is never an option. Leaving may seem convenient at first, but legal, financial, and personal consequences can follow that far outweigh any short-term benefits.

By staying at the scene, you:

• Fulfill your moral and legal obligations
• Potentially save lives through taking prompt medical action
• Protect yourself from serious criminal charges
• Preserve future opportunities while keeping peace with yourself

Remember this – a moment’s panic can lead to a lifetime full of regrets.

Therefore, always make the right choices, even when they seem difficult, because, in the long run, they ultimately pay off.

Contact a DUI/DWI Lawyer or Criminal Defense Lawyer Today

If you were involved in a hit-and-run accident, you should contact a criminal defense lawyer or DUI/DWI attorney without delay. Taking responsibility for your actions is the first step in having peace of mind. Contact a criminal defense attorney right away.

by Lindsay Bernstein

10 Things Most Drivers Don’t Know About New York City Traffic Tickets and Speeding Violations

If you live in New York or are from out of town, you know that summer is when everyone takes to the highway. People tend to speed up during this time of year, as they don’t have the snow and ice slowing them down.

Also, sightseeing and vacationing lend a carefree spirit when traveling. However, this spirit can cause people to forget their troubles and get into another type of trouble – primarily ignoring the posted speed signs.

Although drivers commit speeding violations year-round, authorities give out most tickets during the summer. However, authorities don’t always charge speeding ticket recipients correctly. That’s why you must contact a traffic ticket attorney if you get a ticket for speeding or another traffic violation.

If you have any questions about a ticket, In that case, the DMV can usually give you further details about where your ticket is answerable – either the court or the Traffic Violations Bureau in New York City. If you contact a New York traffic ticket attorney, you’ll find that things will go much easier.

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Aerial Devices Can Catch You Going Over the Posted Speed

When authorities use aircraft, the device tracks the time a car travels between two marked locations. Ground officers receive notifications about who issued the speeding violation in these instances.

Speeders Can Face Large Fines – Even If They’re Driving Slightly Over the Posted Speed

You can face fines of $150 even if you go less than 10 miles per hour over the posted speed. In these instances, the penalty might surprise you.

The fine can double if you drive from 11 to 30 miles per hour over the speed limit.

Moreover, the fine can quadruple if you go 31 miles per hour or over. In these cases, you might pay as much as $600.

Fines for tickets double in school zones.

When school is in session, the fine you pay for a speeding ticket doubles. Plus, you’re assessed a surcharge of $80.00 to $85.00.

You Can Get Fined If You’re Driving Too Slow

New York enforces a traffic law violation covering people driving within the speed limit. But are going too slow for what is considered safe. This violation is known as “speed not reasonable and prudent.”

This criterion may serve as grounds for a ticket of $150 plus the added surcharge of $80 to $85. If you’re going too slow or not going with the traffic flow, you may get pulled over and get a ticket.

Getting a Ticket is Not a Crime, But Certain Traffic Violations are Crimes and May Lead to a Ticket

When you receive a traffic ticket, you haven’t been found guilty of a crime. A traffic ticket is a violation of the traffic law. However, certain traffic violations are crimes, and the offender may also receive a ticket. Examples of traffic offenses that are also considered crimes include DUI, reckless driving, hit-and-run, and vehicular homicide.

Tickets Cover Both Moving and Nonmoving Violations, But Moving Violations are More Serious 

Speeding tickets cover moving violations, as does running a red light. Tickets for non-moving violations include parking tickets, faulty equipment (such as a broken taillight), or unlawful window tinting.

You can challenge speeding tickets, so seek help from a traffic ticket attorney.

You can save money on insurance by challenging a ticket and having it dismissed, which you can achieve in several ways. To ensure success, you should seek help from a traffic ticket attorney. They know all about the court system in New York and can defend and argue your case.

An attorney may ask questions such as:

• Was the speed-measuring instrument maintained properly?
• A faster vehicle passed you when the police pulled you over.
• Was the speeding citation filled out correctly?
• Is this your first traffic ticket?

Getting legal help gives you a better chance to argue your case successfully.

Just Because It’s Easier to Pay a Ticket Doesn’t Mean It’s a Good Move – If You’re Not Guilty Because of a Mistake of Fact, You Need to Contest the Ticket

If you have evidence that you did not violate the speed limit, such as dash cam footage or GPS info, you must contact a traffic ticket lawyer.

In other cases, you might receive a citation for speeding or running a stop sign due to a factual mistake. Let’s look at two examples.

At the time of the incident, you noticed that another driver was swerving in and out of lanes, and you speeded up to avoid getting in the driver’s way. This may have led to a speeding ticket, but you were speeding for safety reasons.

Maybe you have regularly driven down a road and did not notice they installed a stop sign at one of the intersections. In this instance, you will not be guilty of running the sign if someone put it up the previous day. You can compare the time of the sign’s installation to when you received the ticket.

Contact a Traffic Ticket Attorney Right Away

Did police pull you over for speeding, but you believe you didn’t break the speed limit, or you received a traffic ticket that you believe was a mistake? If so, consult a traffic ticket attorney. Even if you’re guilty, you must protect and preserve your rights. Contact a New York criminal defense lawyer about your ticket today.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Child Endangerment and Reckless Driving in NY

When reckless driving defense attorneys in New York defend clients, the legislation that defines Leandra’s Law often comes into play. The police may pull over the driver if a child (16 years or younger) rides as a passenger in their car.

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Defining DWI and DWAI

While DWI stands for “driving while intoxicated,” DWAI is “driving while ability impaired.”

The BAC limit for DWI is 0.08 percent for drivers over 21, 0.04 percent for people driving with CDLs, and 0.02 percent for drivers under 21. Aggravated DWI charges require a BAC of 0.18 percent.

DWAI BAC limits are 0.05 percent but under 0.07 percent. DWAI refers specifically to the substance that is impairing the driver.

Penalties for a DWI conviction may include a fine ranging from $500 to $2,500 for a first DWI and up to a year in jail. Drivers may get their license revoked for at least six months and may have to install an ignition interlock device for a year or more.

DWI convictions remain on New York driving records for 15 years, with subsequent convictions possibly leading to felony charges.

What is Considered Reckless Driving in New York?

In New York, reckless driving is a criminal offense that happens when a driver operates a motor vehicle so that it unreasonably endangers other people. Specific examples include:

• Driving down a one-way street the wrong way
• Driving well over the posted speed limit (over 30 miles per hour) which may lead to 30 days in jail
• Swerving between cars and in and out of traffic at a high speed
• Making a U-turn across several lanes of traffic
• Consuming alcohol or drugs before violating a traffic law

The definition of reckless driving is subjective and flexible. That’s because the police have a wide berth in defining recklessness. To prove the charge in court, a prosecutor must demonstrate that the driver acted in a way that a rational individual will never consider, thus disregarding another person’s safety.

If you’re convicted of reckless driving alone, you can face as much as 30 days in jail for a first offense or up to 90 days if it’s your second offense. The punishment for a third offense may land you in jail for a total of 180 days. You might also face a $300 fine or a year of probation.

Reckless Endangerment

If reckless endangerment applies, the court may stack the charges against you. You’ll face charges for both reckless driving and reckless endangerment.

In New York, multiple laws can apply to a driver who endangers a child while they’re driving. For example, reckless endangerment involves deliberately putting another person at risk and can classify as either a first-degree or second-degree offense.

• When charged in the first degree, reckless endangerment is a class D felony, which may lead to a prison term of seven years. This charge is applied when a person behaves with a depraved indifference to the lives of others and, therefore, creates a serious risk of death.
• When considered a second-degree offense, reckless endangerment is a Class A misdemeanor offense with a sentence that leads to up to a year in jail. For instance, the court might impose this sentence if the driver speeds in a residential area.

Endangering a Child’s Welfare

Endangering a child’s welfare is noted in the state Penal Law 260.10 and can apply in several situations, including driving while intoxicated with a child as a passenger.

For example, the law applies when a person intentionally behaves in a way that can harm a child’s mental or physical state or moral welfare. It applies to a child who is 16 years old or younger.

Contact a Child Endangerment or Reckless Driving Attorney If You’ve Been Arrested for DWI/DWAI, Reckless Driving, and Child Endangerment

If you’ve been charged with DWI/DWAI or reckless driving and had a child passenger in your car at the time of the arrest, you must consult a DWI/DWAI attorney or reckless driving lawyer. Make sure you choose an attorney who regularly handles cases like yours so you can realize the best results. Learn more about your rights now. Contact a New York criminal defense lawyer to review your case right away.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Common Offenses that Lead to a Suspended License in NJ

You can get your driver’s license suspended for several reasons in New Jersey. You may get your license suspended through the Motor Vehicle Commission (MVC) or the court. If this happens to you, you must contact legal counsel–such as a traffic ticket attorney or a DUI/DWI lawyer–to learn more about your rights and the suspension process.

Don’t try to handle the suspension alone, as an attorney can ensure you receive a better outcome so you can drive again.

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Suspending a License for a Driving-Related Violation

Sometimes, the court or the MVC suspends a driver’s license when the driver violates a motor vehicle law. The MVC will send you a notice about your suspension. For example, the notice will state that your license has accumulated too many points from motor vehicle violations, leading to its suspension.

Receiving a License Suspension for Unpaid Parking Tickets

If you have two or more unpaid parking tickets, the municipal court in the jurisdiction where the tickets were issued may order a license suspension. To remove the suspension, you must either pay the fines for the ticket or appear in court and contest the tickets, hoping for their dismissal.

If you wish to contest your ticket, follow the instructions on the ticket or call the court issuing the ticket. Don’t ignore a ticket; a warrant will typically be issued for your arrest. If this happens, you must turn yourself in court before being given a court date to contest the ticket. Again, always talk to a traffic ticket attorney first, as ignoring a ticket can become a serious problem if you don’t have legal counsel.

It may benefit you to contest a ticket if paying for the ticket will increase your insurance premiums or the costs of operating your vehicle. If you pay for the ticket in full, you can do so in person at the court, online, or by mail. Once more, ask an attorney for help.

Maybe you can’t afford to pay for the ticket in full. If so, ask the court if you can arrange a payment plan. Don’t appear in person at the court unless you know a warrant has not been issued for your arrest.

Suspending a License for Failing to Pay an Insurance Surcharge

The MVC of New Jersey may impose a fine, called an insurance surcharge, for certain driver violations. Surcharges of this type are imposed annually for three years straight. Per previous legislation, if you fail to make these payments, the MVC may suspend your license, although it’s no longer a required suspension.

In some cases, if you have this outstanding debt and drive while suspended, you may face an additional fine and suspension. You can find out if you owe a surcharge by inserting your date of birth and driver’s license number in the boxes on the web page of New Jersey’s MVC Surcharge Department.

Removing a Surcharge-Related Suspension

You can remove a surcharge-related suspension if you:

• Pay the surcharge in full
• Pay a negotiated payoff amount*
• Agree to an installment plan

*The negotiated payoff amount does not require negotiation. Instead, the Surcharge Department merely issues a lump-sum payment that is less than the total due. You should schedule a payment plan if you can’t meet this payment. If the payment amounts are still not affordable, you can request a lower payoff.

It’s important to make some type of restitution, as agreeing to a plan, for instance, and making a down payment will remove the suspension. However, make sure you make your payments on time. If you miss a payment, the MVC will impose another suspension. You might consider speaking to a bankruptcy attorney if you can’t afford the payments.

Receiving a Suspension for Failing to Carry Insurance

If you’re pulled over and don’t have insurance, the court may order a license suspension and impose a fine. In this case, the suspension is discretionary. Moreover, the MVC can impose an additional suspension.

The MVC will remove the suspension after you provide proof of insurance and return the license plates and registration for the uninsured vehicle. It’s important to pay the applicable fines and wait for the suspension period to end before you restore your license.

If this is your first offense, the court may suspend your license for one year. A second offense can lead to a license suspension of up to two years. That’s why you can’t face a license suspension without getting legal advice and help. A skilled traffic ticket attorney can review all aspects of your case so you can drive sooner or experience better results.

Receiving a License Suspension for Committing a Crime

Some license suspensions are imposed as a punishment for committing a criminal offense – even if a motor vehicle was not involved. The length of the suspension can vary and depends on the statute related to your conviction. Your attorney can easily answer any questions along these lines.

The suspension begins when the court releases you from jail. The time frame for the suspension is discretionary in cases that involve the falsification of government documents or vehicle theft.

If the suspension isn’t mandatory, consult a criminal defense lawyer to explore options for reducing or removing it. After the suspension ends, the court lifts it, and you can drive again.

DUI/DWI License Suspension

Many driver’s license suspensions result from a DUI/DWI offense and conviction. The suspension length depends on the offense’s offense and the defendant’s defendant’ show concentration (BAC).

The suspension may last three months to one year for a first offense.

If you have a BAC of 0.15 percent or higher during a first offense, the court may suspend your license for four to six months and require you to use an interlock ignition device for nine to 15 months.

Perhaps you are charged with a second DUI/DWI offense. If so, you may face a suspension of two years.

A third offense can last ten years, or you may sometimes permanently lose your license. The court can extend a suspension if they believe it’s appropriate.

If you have a suspension due to a DUI or DWI and driving when caught, you’ll be sentenced to a fine of $500 and ten to 90 days imprisonment. You may also receive an additional suspension of one to two years. If you crash your vehicle while the court has revoked your license, and the other party is hurt, you are subject to a mandatory jail sentence of 45 to 180 days. The court will also revoke your motor vehicle registration.

In any of these cases, contact a DUI/DWI attorney immediately so they can review all aspects of your case and develop a strategy for your defense.

Current Rulings on License Suspensions in New Jersey

The court can no longer suspend a license for certain violations. These infractions include:

• Not showing up in court
• Not paying the court-ordered penalty
• Violations of state and federal drug laws
• Not complying with an order of an indigent payment plan
• Abandonment of a vehicle without consent 
• Juvenile violations that involve defacing a property with graffiti or triggering a false alarm

Concerning driving-related violations, unpaid parking tickets, a failure to carry insurance, and committing a crime, the court considers:

• The nature of the crime or offense
• If the loss of driving privileges will lead to extreme hardship
• If there are alternative means of transport

Restoring Your Driving Privileges

To restore your driving privileges, you must satisfy the requirements of the MVC or what the court has imposed to remove the driving suspension and gain the privilege to drive again.

The court no longer suspends a license for certain violations. You can only drive after you receive a new driver and a notice from the MVC stating that you can resume driving.

Contact a Traffic Ticket Lawyer or DUI/DWI Lawyer Now

Whether you’ve had your license suspended for payment of traffic tickets or because of a DUI or DWI arrest, you need to speak to a New Jersey criminal defense attorney immediately. Talk to a legal professional about your case or someone who has handled similar cases. Make sure you receive fair and equitable treatment. Call an attorney today.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

What Happens in Court to a First-Time Shoplifter?

If you’re facing a shoplifting charge, you need to consult a shoplifting defense attorney immediately. While shoplifting may seem minor, it carries serious repercussions – even when you’re a first-time shoplifter.

You won’t get off the hook that easily, even if you’ve stolen a small amount or have no prior convictions. If you don’t consult with an attorney, you can find the process quite difficult, so ensure you retain legal defense counsel immediately.

Schedule a Free Initial Consultation Today!

Understanding Shoplifting: Five Types of Shoplifting Behaviors

Shoplifting laws vary significantly from state to state, including the degree of charges and potential penalties. As an example, let’s take a look at shoplifting laws in New Jersey.

New Jersey law (N.J.S.A. 2C:20-11) defines several activities as shoplifting. Below are five common methods of taking items from a store and avoiding payment.

• Intentionally taking merchandise
• Concealing items to avoid payment
• Altering or removing price tags
• Transferring merchandise to another container
• Under-ringing the merchandise at checkout

Penalties for First-Time Offenders

The severity of the penalty depends on the value of the merchandise stolen:

Under $200: Disorderly persons offense

• A six-month jail term
• A fine of up to $1,000

$200 to $500: Fourth-degree offense

• 18 months in incarceration
• A fine of up to $10,000

$500 to $75,000: Third-degree offense

• From three to five years in prison
• A fine of up to $15,000

Over $75,000: Second-degree offense

• From five to ten years in prison
• A fine of up to $150,000

What to Do If You’re Accused of Shoplifting

When caught shoplifting for the first time, you may experience:

• Detainment by store security
• Questioning by store management or the loss prevention staff
• Potential arrest and booking at a local police station
• Release on your recognizance or a requirement to post bail

If someone accuses you of taking merchandise while you’re in a store, follow these tips. Don’t try to argue or show any disrespect. You’ll only make things worse for yourself. The following tips will enable you to get through the ordeal more successfully.

• Remain calm and polite
• Don’t admit guilt or sign any documents
• Exercise your right to remain silent
• Follow the police instructions if they arrive
• Contact a criminal defense attorney immediately

How Stores Might Handle First-Time Shoplifters

Stores have several options when dealing with first-time shoplifters:

• Banning shopping privileges
• Demanding payment of legal costs
• Requiring restitution for stolen merchandise
• Sending a civil demand letter

If you retain a shoplifting attorney, they can deal with the store if you took merchandise and find a more amenable solution to spending time in jail and possibly paying a more sizable fine.

What’s a Civil Demand Letter?

Many retailers send a civil demand letter to first-time shoplifters. This letter typically demands:

• Payment of a civil fine
• Reimbursement for stolen merchandise
• Coverage of loss prevention expenses or legal fees

While this letter offers a way to resolve the issue without further legal proceedings, consulting with an attorney before responding is still critical.

How a Criminal Defense Lawyer Can Help First-Time Offenders

For first-time shoplifting offenders, a criminal defense attorney can:

• Explain the charges and potential consequences
• Investigate the case and identify weaknesses in the prosecution’s evidence
• Negotiate for reduced charges or case dismissal
• Represent you in court if the case goes to trial
• Argue for lenient sentencing, such as probation or community service
• Guide you through the appeals process, if necessary

Alternative Programs for First-Time Offenders

States like New Jersey may offer alternative programs for first-time shoplifting offenders, such as:

• Pretrial Intervention Program (PTI): This program allows first-time offenders to avoid prosecution by completing supervised probation and other requirements.
• Conditional Dismissal Program: Available for certain disorderly person offenses, this program can lead to the dismissal of a charge on completion of probation and other conditions.
• Juvenile Diversion Programs: For minors, courts often focus on rehabilitation rather than punishment, offering options like community service, counseling, or educational programs instead of jail time.

Major Factors Influencing Your Case

Several factors can impact the outcome of a first-time shoplifting case:

• The value of stolen merchandise
• Your age and personal circumstances
• Your willingness to make restitution
• Your level of cooperation with authorities
• Evidence of premeditation or sophistication in the theft

Long-Term Consequences

Even for first-time offenders, a shoplifting conviction can lead to:

• A criminal record affecting employment opportunities
• Difficulty renting apartments or obtaining loans
• A negative effect on a professional license
• Immigration consequences for non-citizens
• Social stigma and poor public perception affecting personal relationships

Legal Strategies for First-Time Offenders

If you’re facing a first-time shoplifting charge, you’ll need to take the following approach:

• Again, seek legal counsel immediately
• Gather all relevant documents (receipts, witness statements, etc.)
• Consider enrolling in counseling, a support group, or a class that helps you understand your issue
• Prepare a statement of remorse and plans for future prevention
• Explore options for restitution or community service

Expungement for First-Time Offenders

In New Jersey, first-time shoplifting offenders may be eligible for expungement as follows:

• For disorderly person offenses: Wait five years from the completion of the sentence
• For indictable offenses: Wait six years from the completion of the sentence
• Early pathway expungement may be available after three to four years in some cases

Successful expungement can remove the offense from the public records.

The amount of stolen merchandise will determine your eligibility, participation in academics, community programs, or employment activities, and any evidence of a prior arrest.

Remember, the court often treats first-time shoplifting offenses more leniently, but they still carry serious penalties. You must take the charge seriously and seek professional legal help and counseling.

Contact a Shoplifting Defense Attorney for Help Now

Have you been arrested for shoplifting? If so, you need to retain legal advice and help now. Contact a criminal defense attorney now to get the assistance you need to ensure a brighter future and a better outcome for your case.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Reckless Driving with a CDL in New York

You need a commercial driver’s license (CDL) to drive various types of commercial vehicles, especially semis, which must have a gross weight of over 26,000 pounds. Some trucks are designed specifically for transporting hazardous materials.

If you lose your CDL, you’ll face serious consequences regarding employment and transportation. These consequences include suspending your driver’s license, increasing points on your motor vehicle history, and having problems seeking employment.

The points can add up fast to your motor vehicle history report. For example, if you receive two serious infractions within three years, the DMV in New York State will suspend your CDL for 60 days.

Moreover, you can lose your CDL for 120 days if convicted of three serious traffic violations within the same time frame. If you’re arrested for a violation outside of New York and don’t report it to the DMV, it also counts as an infraction on your history.

Some traffic violations that result in a CDL suspension include speeding, lane change violations, tailgating, causing a fatal accident, and driving a commercial vehicle without a CDL.

If you face these charges, you should contact a reckless driving defense attorney in New York. Getting legal help is the best way to ensure you move forward more positively and experience better results.

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Specific Examples of Reckless Driving of a Semi-Truck

Reckless driving of a semi-truck or commercial motor vehicle (CMV) is a behavior that disregards other people’s safety or property. Below are specific examples:

• Driving 30 miles over the posted speed limit is considered reckless. This is especially true if you operate a truck in bad weather or heavy traffic. Speeding over this limit also adds six points to your driving record in New York state.
• As noted, following too closely or tailgating is also deemed reckless behavior.
• If you’re driving a semi and passing other vehicles aggressively, weaving in and out of traffic, or cutting motorists off, you’re also inviting trouble.
• Another example of reckless driving is making a sharp turn at an unsafe speed and not leaving enough room for another vehicle.
• Slamming on the brakes abruptly or stopping on the shoulder of the highway without warning are also reckless behaviors.

The underlying cause of reckless driving is often impairment. When you face charges for driving under the influence of drugs or alcohol in your vehicle or a commercial truck, you can lose your CDL privileges. If you’re convicted a second time, you’ll lose your CDL for life. Also, driving a commercial vehicle with a suspended or revoked CDL results in a one-year license suspension.

BAC Level

Even if your BAC is under the legal limit of .04 percent and you face a DWI charge, you’ll typically lose your CDL privileges for a year. Should you refuse a blood alcohol test, your CDL will automatically face suspension for the same period.

You might be pulled over for DWI or DUI while transporting hazardous materials. If so, your CDL will be suspended for at least three years or life if the conviction is a second offense.

CMV Equipment Violations

If you are guilty of equipment violations while driving a commercial motor vehicle, the vehicle is placed out of service until it’s repaired. In these cases, a CDL holder can lose their driving privileges for 90 days, one year, or even years, depending on the frequency of the violations and the specific infraction. Equipment problems that impact the safe operation of a CMV, such as the steering components or brakes, may lead to the loss of CDL privileges.

Reasons Why Legal Assistance Works in Your Favor

If you’ve been charged with reckless driving and hold a commercial driver’s license, it’s critical that you have legal help for several reasons:

• Severe consequences for drivers: Reckless is typically considered a serious traffic violation. However, the consequences for CDL holders can be more severe than for regular drivers. A CDL is linked to employment opportunities and personal driving privileges.
• Potential loss of livelihood: A reckless driving conviction can lead to the suspension or revocation of your CDL, which can mean losing your job and career as a commercial driver.
• Federal regulations: CDL holders are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, which can complicate things legally.
• Impact on future employment: Even if you don’t lose your license, a reckless driving conviction can make finding employment as a commercial driver difficult.
• Higher standards: CDL holders must meet higher standards on and off duty. What might be a minor infraction for a regular driver can become more serious for a CDL holder. Again, not being employed to drive can impact your lifestyle.
• A complicated legal process: Defending against a reckless driving charge can be complicated, especially with the additional considerations set aside for CDL holders.
• Possible reduction of charges: An experienced attorney can negotiate a reduction in charges or penalties, which can help preserve the use of your CDL and prevent the loss of your job.
• Understanding of specific CDL laws: A lawyer familiar with CDL regulations can provide a more effective defense tailored to your situation.
• Protection of rights: A reckless driving defense attorney will protect your rights throughout the legal process.
• Long-term consequences: The impact of a conviction can extend beyond immediate penalties, affecting insurance rates and, again, future job prospects.

Given the above factors, seeking legal help is critical in protecting your license, career, and future as a commercial driver.

Contact a Reckless Driving Lawyer Today If Your CDL Is at Stake

If you’ve been arrested for reckless driving and hold a CDL, now is the time to get legal help. Contact a New York criminal defense lawyer today to ensure your rights are preserved so you can move forward with more confidence.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

Child Endangerment and Reckless Driving in New Jersey

In New Jersey, reckless driving and driving while intoxicated (DWI) are serious offenses on their own. The legal consequences become even more severe when a minor is in the vehicle during a traffic stop when the police suspect you of one of these . If you are accused of these offenses, it’s crucial to seek the expertise of a Clifton, NJ, reckless driving lawyer.

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Reckless Driving

Reckless driving is defined as operating a vehicle with “willful or wanton disregard for the rights or safety of others.” Even a momentary lapse in judgment can result in a reckless driving charge.

If you are convicted of reckless driving in New Jersey, you could face severe consequences such as fines, license suspension, and even jail time. Additionally, a reckless driving charge can have long-term effects on your driving record, insurance rates, and employment opportunities.

DWI with a Minor Passenger

Under New Jersey law, a driver can be charged with DWI with a minor passenger if they are driving a vehicle while intoxicated and have a child in the car.

If found guilty of this offense, the driver faces significant penalties, including:

• Fines exceeding $1,000
• Mandatory community service
• Up to six months of jail time
• These penalties are in addition to any other sentences related to the DWI charge, such as loss of driving privileges

These consequences are separate from and in addition to the standard DWI penalties. This means that a driver can face a double punishment – one for the DWI itself and another for having a minor in the vehicle while committing the offense.

This is why you need to depend on legal services. A criminal defense lawyer has the knowledge needed to ensure the full scope of your case is covered and considered.

Endangering the Welfare of a Child

In more severe cases, a driver may also face charges of endangering the welfare of a child under N.J.S.A. 2C:24-4(a). Here is some information about this charge:

• Definition of a Child: This law defines a child or minor as anyone under 18 years old.
• What Constitutes Endangerment: Endangering a child is broadly defined as any act that can potentially cause harm to the minor; this can potentially lead to authorities considering the child as abused or neglected.
• Severity of the Charge: The court determines the level of potential harm to the child, which influences the severity of the charge. This offense is considered second or third-degree, depending on the circumstances.
• Penalties: The consequences for endangering the welfare of a child are significantly more severe than those for DWI with a minor passenger. They can include up to ten years in prison and fines up to $150,000.

A  driver can be charged with both reckless driving or DWI with a minor passenger and endangering the welfare of a child simultaneously. This means the potential penalties can stack, resulting in a very serious legal situation for the accused.

Long-term Consequences

A conviction reckless driving and child endangerment charges can have long-lasting effects on a person’s life, including:

• A criminal record impacting future employment opportunities
• Potential loss of professional licenses
• Restrictions on child custody or visitation rights
• Increased insurance rates or the dropping of insurance coverage
• Social stigma

If you don’t rely on the help of a criminal defense lawyer, the long-term consequences can impact your life more profoundly. You must rely on legal help when facing charges for these types of offenses.

Negotiating Plea Deals vs. Taking a Case to Trial for Reckless Driving and Child Endangerment

Negotiating a plea deal can be a viable option for individuals charged with reckless driving and child endangerment. In a plea deal, you plead guilty to a lesser offense in exchange for a reduced sentence or other benefits. This can be particularly beneficial if the evidence against you is strong and a conviction is likely. By accepting a plea deal, you may avoid the potential consequences of a trial, such as a longer sentence or the stigma attached to a criminal conviction. Additionally, a plea deal can save you time, money, and emotional stress that may be involved in a trial.

On the other hand, taking a case to trial allows you to present your defense before a judge and jury. This option may be preferable if you believe that the evidence against you is weak or if you have a strong defense strategy. Going to trial gives you the opportunity to challenge the prosecution’s evidence, cross-examine witnesses, and present your own evidence to support your innocence. It also allows you to hold the prosecution accountable and ensure that they meet the burden of proving your guilt beyond a reasonable doubt.

Ultimately, the decision of whether to negotiate a plea deal or take a case to trial for reckless driving and child endangerment charges should be based on the specific circumstances of your case and the advice of an experienced attorney.

Talk to a NJ Criminal Defense Lawyer About Your Reckless Driving and Child Endangerment

Have you been arrested for reckless driving or child endangerment? If so, you must contact a New Jersey criminal defense lawyer immediately. They can explain your rights, navigate the legal system, and build a strong defense. Acting quickly ensures you get the best possible outcome and reduces the risk of overly severe penalties. Get the legal support you need to protect your future and freedom today.

Schedule a Free Initial Consultation Today!

by Lindsay Bernstein

5 Reasons to Use a Dash Cam for Legal Evidence

In a technologically advancing world, dash cams have become an important device for drivers. These small gadgets, mounted on a vehicle’s dashboard, continuously record one’s journey while driving.

While you can use them to record a pleasant drive or trip, they are also indispensable if you’re pulled over and must defend against a speeding ticket or other traffic violation.

The devices are, therefore, especially useful during an encounter with the police or after an accident. You’ll want to share this type of evidence with a New Jersey traffic defense lawyer. Doing so can often improve the outcome of your case when you are defending against a violation.

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Recording Unbiased Evidence for Accidents and Disputes

One of the main reasons to own a dash cam is the evidence it provides. Dash cam footage reveals unbiased, real-time evidence when legal disputes with the police or accidents occur.

A dash cam records everything happening in front of your car, and it is difficult to dispute video evidence.

For example, you’ll have clear-cut proof of the incident if a driver runs a red light and smashes into your car. You will also have proof that you did not run a red light if an officer accuses you of doing so.

Recording Police Encounters

Many law enforcement officers perform their duties professionally and ethically. However, cases of misconduct do happen. If you run into an unfair encounter with the police, your dash cam can provide an unbiased account of the event. While it’s legal to record public encounters with the police, you should also let them know the activity is being recorded.

For instance, if you are pulled over by an impolite or abusive officer who violates your rights, you can use your dash cam to record the incident. This recording can serve as evidence in court cases or to file a complaint against the officer if necessary. A dash cam records what you say and do, as well, so ensure you are honest and composed in all of your dealings.

If you get stopped for a moving violation by a traffic cop,  your dashboard camera will record the reason for the stop. If the officer’s explanation changes later or you are accused of another violation, then the video evidence you have may help you prove these inaccuracies.

For instance, if you were informed you were speeding when you were pulled over, but you are given a ticket for running a stop sign, your traffic defense attorney can use the video recording to challenge the ticket.

Supporting Your Defense Following a Traffic Stop

If you get pulled over for a traffic offense, you can use your dash cam in one of the following ways.

Challenging Ticket Validity

If your traffic violation ticket is invalid, your dash cam footage provides essential evidence. For example, you can challenge the ticket if you are given a citation for running through a red light, but the footage reveals that the light was yellow.

Also, some dash cam models have a built-in GPS that superimposes your speed on the video – proving that you may not have exceeded the speed limit.

Proving Mitigating Circumstances

You can prove you were not guilty of reckless driving if you were trying to avoid a road hazard at the time that you swerved or were driving erratically.

Questioning a Police Officer’s Behavior

Rarely, but sometimes, a police officer might exaggerate or make up an offense. For example, they may accuse you of texting when you weren’t texting at the time you were stopped.

Promoting Respectful Interactions 

We tend to be more polite when our actions are subject to a camera’s recording. At the same time, an officer who is aware that he or she is being watched will usually follow the correct protocol.

Including Clear and Supporting Evidence for the Court

Dash cam footage can provide convincing evidence if you decide to contest your ticket in court. It tells exactly what happened without any bias, which is more persuasive than verbal testimony. Judges often like hard evidence since it makes their judgments certain and defendant-friendly.

Protecting Passengers and Getting the Evidence Needed for Unwarranted Searches

Whenever your passengers are detained unnecessarily or vehicle searches are carried out without probable cause, you can use the footage for your defense or in any complaints you file against the police.

Preventing False Claims

Not all drivers are polite or honest. They may engage in road rage, make false allegations, or try to scare others on the road. A dash cam can protect you by recording the truth – revealing another party’s behavior.

For example, picture a scenario where an aggressive driver is tailgating you, is honking excessively, or swerves in front of your car. Without a dash cam, the driver might claim you were the one driving recklessly.

After all, it’s your word against theirs. However, if you have footage from a dash cam, you can prove that the other party was behaving aggressively and you were driving defensively.

Or, maybe someone has accused you of hitting their car while they were parked. Perhaps they claimed you sideswiped them on the highway.

If so, you need not despair. Your dashboard camera can help you refute a wrongful accusation. This evidence can prevent hikes in insurance rates and unwanted legal entanglements and issues.

Improving Your Driving

Beyond its protective functions, a dash cam can also be an excellent educational tool for improving your driving skills. We all have blind spots in our driving habits, and sometimes, it takes some video footage to recognize areas that need improvement.

For example, you might notice that you are following too closely behind other drivers or that you tend to roll through a stop sign instead of coming to a complete stop.

If you have teen drivers in your family, your dash cam footage can be used as a teaching tool for them as well.

Contact a Traffic Lawyer About Your Traffic Violation Now

A traffic lawyer can help you with a speeding ticket or other traffic violations following a traffic stop or after an accident. Don’t rely on dash cam footage alone. Make sure you have proper legal representation. Contact a criminal defense attorney now about your traffic violation today.

by Lindsay Bernstein

DUI/DWI Field Sobriety Tests: How to Challenge Them

How you do on a field sobriety test (FST) is a key part of evidence when you’re pulled over for DUI/DWI. The police use this roadside testing to determine if a driver is under the influence of alcohol or drugs. While the prosecution may want to use an FST to prove guilt, a DUI defense attorney can challenge the evidence to seek a more favorable resolution to your DUI case.

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What Is Field Sobriety Testing?

Police officials use both standardized and non-standardized field sobriety tests to assess a driver’s level of intoxication. They are taught to look for clues, such as poor focus, problems completing tasks, and poor coordination when giving the tests.

A DUI defense lawyer reviews the accuracy, validity, and dependability of the testing.

Types of Standard Field Sobriety Tests (SFSTs)

The National Highway Traffic Safety Administration (NHTSA) validates the three standard field sobriety tests that are given to determine DUI/DWI.

These tests include:

1. Horizontal Gaze Nystagmus (HGN): During this test, the police officer looks at the suspect’s eyes while they follow an object moving horizontally across their field of vision. The object is either a flashlight or a pen. Alcohol may cause an involuntary jerking of the eyes, also called nystagmus.
2. Walk-and-Turn (WAT): Suspects are told to take nine steps, walking heel-to-toe, moving forward in a straight line. The suspect turns on one foot and returns in the same manner.
3. One-Leg Stand (OLS): During this test, the suspect stands on one leg, lifting the leg about six inches from the ground to a 30-second count.

Dependability of the Testing

The SFSTs are considered the most dependable because they have been scientifically validated. According to NHTSA studies:

• HGN is 77 percent accurate in detecting BAC (Blood Alcohol Content) of over or less than  0.10 percent.
• WAT is 68 percent accurate.
• OLS is 65 percent accurate.

When all three tests are combined, their accuracy in identifying a BAC of 0.08 percent or higher (the legal limit in most U.S. states) is around 91 percent.

Non-Standard Field Sobriety Tests

The following tests may be used when a suspect is stopped for DUI/DWI. 

However, the assessments are not validated by the NHTSA.

• Finger-to-Nose: Touch the tip of the nose with the index finger.
• Alphabet Test: Recite the alphabet or a portion of it.
• Counting Test: Count backward from a given number.
• Romberg Balance Test: Stand with feet together, head back, and eyes closed.
• Finger Count: Touch each finger to the thumb while counting.
• Hand Pat: Alternately pat the back of one hand with the palm of the other.

Non-standard tests are less reliable because they haven’t undergone the same rigorous scientific validation as the standard tests. They may be influenced by factors like nervousness, physical condition, or language barriers the suspect may have.

Because field sobriety testing is not infallible, other evidence should also be considered in DUI/DWI cases. That’s why it’s important to contact a DUI defense lawyer. They can review all the factors of your case and how the test administration may lead to different results – or a reduced charge or dismissal.

Reasonable Suspicion: Why Did Police Ask for an FST?

A police officer must have a reasonable suspicion of impairment to pull over a driver for DUI/DWI. This suspicion might include erratic driving, slurred speech, watery and red eyes, or the odor of alcohol.

If a DUI defense lawyer can argue that the officer did not have probable cause, they can file a motion to suppress the evidence. The motion can be used to dismiss or reduce the DUI charge.

Medical Conditions that Can Affect FST Results

Some common medical issues that can influence how you do on an FST include:

• High or low blood sugar
• Drowsiness
• Diabetes
• A general illness
• Problems with balance or vertigo
• Back pain
• Knee pain
• A physical injury

Reviewing the Testing Conditions and the Suspect’s Condition

A DUI defense lawyer may challenge an FST by asking the following questions about the environment and the physical condition or coordination of the suspect:

• Was the road level or sloped?
• Was it slick or windy at the time?
• Does the suspect naturally have poor coordination or ataxia?
• Was the suspect limping – maybe due to a physical injury or pain?
• Was the lighting sufficient?
• Does the suspect have vision problems, or do they wear contact lenses?
• Did the suspects’ age, weight, or physical or mental condition affect their test results?
• Was the suspect over-anxious or nervous?
• Was the driver overly tired?
• Was the driver taking prescription medicine at the time of the test?

Some people naturally have nystagmus.

Challenging the Administration of the FST

Your attorney might argue that the police officer did not explain the test clearly enough. They may also question the officer’s qualifications concerning training and certification. For example, an attorney may check to see if the officer’s certification is current.

In addition, a lawyer may challenge the test interpretation. They might ask if the officer properly scored and interpreted the results.

As you can see, your attorney can review the evidence gathered from an FST and challenge the results in one of various ways.

If you’re asked to perform an FST, stay calm and cooperative. Doing so will help your attorney better prove inconsistencies at a later date. They can do this by examining video evidence as well as reviewing your age, medical history, and overall physical condition.

Contact a DUI Defense Attorney Today

Did the police arrest you for DUI/DWI? Do you want to know the next step? If so, it’s best to contact a DUI defense lawyer to discuss your case. They can navigate the legal process and defend you with the confidence their experience brings. Call and set up a legal consultation ASAP. Call a New York State criminal defense lawyer today.