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.

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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.

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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.

by Lindsay Bernstein

Can You Go to Jail for Shoplifting?

Shoplifting is a common criminal offense, and jail time for shoplifters is likely more common than you imagine. That’s why it’s important to contact a shoplifting lawyer or criminal defense attorney who handles this charge. What you receive as a sentence depends on the details of your charges and the strength of your defense.

For example, states like New Jersey makes jail time a possibility for anyone who takes merchandise from a store. Moreover, a conviction can also affect your career and housing opportunities. Again, retaining the services of an experienced Wantagh, NY, shoplifting defense lawyer can often help you achieve a better outcome, including avoiding jail time whenever possible.

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Punishments for Shoplifting Convictions

The fines and penalties imposed for shoplifters depend on the amount of merchandise stolen, whether it’s a first offense, and if the shoplifter is a minor or adult.

As an example, below are the fines and jail time possible for a shoplifting charge in New Jersey:

• Disorderly Person Offense. If you steal property up to $200, you might face six months in jail and a fine of up to $1,000.
• Fourth Degree Shoplifting Offense. If the property you steal is between $200 and $500, you may have to spend 18 months in prison and pay a fine of up to $10,000.
• Third Degree Shoplifting Charge. If you’re convicted of a third-degree shoplifting offense, you’ve stolen property valued between $500 and $75,000. This offense may lead to prison time from 3 to 5 years and a fine of up to $15,000.
• Second Degree Offense. Taking property worth over $75,000 can lead to 5 to 10 years in prison and the payment of a fine of up to $150,000.

A First Shoplifting Offense

Shoplifting is considered a serious charge. However, many first offenders believe they can skirt a jail or prison sentence, but this is not always the case. You should always contact a criminal defense attorney, even for a first offense. They can handle the legal process and tell you where you stand when facing this charge.

Penalties Usually Increase for Repeat Shoplifting Offenses

If you have been charged with shoplifting multiple times, the penalties and consequences will likely be greater than for a first offense. Repeat shoplifting offenses are considered more serious by the courts, and they often result in harsher punishments.

When determining the penalties for a repeat shoplifting offense, the court will take into account your prior criminal history and the severity of the current offense. If you have a history of previous shoplifting convictions, the court is more likely to impose stricter penalties, such as fines, probation, community service, or even jail time.

Repeat offenders are seen as a greater risk to society and are less likely to be given leniency or the benefit of the doubt. The court wants to discourage individuals from engaging in shoplifting behavior repeatedly, as it indicates a lack of remorse or willingness to change.

Additionally, repeat shoplifting offenses may also result in civil consequences, such as being barred from certain stores or shopping centers. Retailers have the right to protect their businesses and property, and they may take legal action to prevent habitual shoplifters from entering their premises.

Considering the potential consequences and the effects a shoplifting conviction can have on your future, always seek criminal defense representation if you are facing charges for a repeat offense.

Negotiating a Shoplifting Charge

Indeed, the right criminal defense attorney can often negotiate down a shoplifting charge or reduce the penalties. By retaining experienced legal counsel, you have the best opportunity to avoid jail or prison time.

Remember that, in most instances, a shoplifter is usually captured on a store camera from the moment of entry to the time they exit the store. As a result, many prosecutors find the cases easier to prosecute while criminal defense lawyers may find the charges challenging to defend.

Therefore, it’s best to work with a lawyer who will negotiate with a prosecutor to reduce the charge and seek probation instead of jail time.

Pretrial Intervention and Conditional Dismissal

You might apply for Pretrial Intervention (PTI) or a Conditional Dismissal to avoid a conviction and jail. These diversionary programs require probation in place of plea bargaining. You may qualify as long as you aren’t currently participating in a diversionary program and have not been convicted of an offense.

Not everyone who wants to enroll is accepted. Therefore, getting legal help is imperative.

Each diversionary program is set up to meet the facts of the shoplifting case. It may include supervision, community service, drug testing, and counseling. People who’ve been indicted and completely finish the program will have their charges dismissed and avoid a criminal history.

Arrange a Consultation with a Criminal Defense Lawyer Now About Your Shoplifting Charge

If you’ve been charged with shoplifting, you need to talk to a criminal defense lawyer experienced in representing defendants facing similar charges. The right lawyer will know how to develop a strong defense strategy with the goal of avoiding jail time whenever possible. Never delay in seeking criminal defense attorney.

by Lindsay Bernstein

I Have a Clean Driving Record: Can I Still Be Found Guilty for a First Traffic Violation?

If your driving record is clean, you may wonder if you should contact an experienced traffic law attorney when you receive a first traffic citation. The reality is that even a first ticket can have costly consequences. Having an attorney can help you understand your options if you’re facing your first driving offense and can minimize the penalties.

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How an Attorney Can Help You Fight a Traffic Violation

An experienced traffic violation lawyer knows what you can do to contest a traffic offense. They can speak to the prosecutor to see where you stand and how to proceed. You’ll have more success in court if an attorney accompanies you during the process.

Negotiation Skills

Prosecutors and traffic violation attorneys regularly communicate. By retaining legal counsel, you have a greater chance of getting your charges reduced or dismissed.

Ensuring a Clean Record

If you already have a clean driving record, you’ll have a better opportunity to get your traffic offense dismissed. Again, a lawyer can negotiate a deal that you wouldn’t obtain yourself from the prosecutor.

Preventing the Addition of Points on Your Driver’s License

If you can’t get a traffic violation dismissed, a lawyer might have the charge amended, so it won’t add points to your driver’s license and record. This is important, as collecting too many points can lead to extra fees and fines, surcharges, and a license suspension. You can end up paying more for your car insurance as well.

A lawyer who understands your charge and the alternatives can defer an unwanted violation and make everything more positive.

Reviewing Optional Penalties

If you do have a clean driving record, a lawyer may arrange for a conditional discharge or conditional dismissal to resolve a first-time offense. Under this diversionary program, you will complete a probation period and then pay court costs and fines. You just need to ensure your driving record remains clear during this span of time.

Setting More Positive Goals

Usually, an attorney’s first goal is to get a case dismissed. If you do have to proceed to court, your lawyer will plan a strategy for your defense, based on the circumstances of the case, to get the best possible results. By working with an attorney, you’re taking a more proactive stance – one that will ensure a fairer and more positive resolution.

The Best Case Scenario

You have a very good chance of not getting convicted of a traffic offense if you solicit the help of an attorney. Having an attorney at your side will prepare you for the next step. A case shouldn’t continue without good reason. Therefore, the best-case scenario is a dismissal. You’ll also get through the process more quickly and efficiently.

Can I Just Pay a Traffic Ticket Without Appearing in Court?

Yes, you can usually pay a fine online without a court appearance if the ticket does not require an appearance. However, it’s still a good idea to speak to a lawyer first if you wish to maintain a clean driving record.

So, if you receive a speeding ticket, you don’t necessarily have to go to court. Only higher traffic offenses lead to mandatory court dates.

However, it’s important to remember that if you want your case dismissed or don’t want to be found guilty, you will have to go to court.

How Long Does a Traffic Ticket Stay on Your DMV Record?

A traffic ticket might remain permanently on your Department of Motor Vehicles (DMV) history if you’re convicted.

How Long Does a Ticket Affect What You Pay for Insurance?

Usually, a ticket will increase your insurance premiums for three to five years. What you’ll pay depends on the policy and the severity of the violation.

Is It Possible to Pay for the Removal of Points on Your Driver’s License?

No, this is not an option. You must avoid points to begin with.

How Might an Attorney Negotiate a Speeding Violation?

Your lawyer might negotiate down your charge to an offense with zero points and a higher monetary penalty. (This is just an example of what a lawyer can do if you want to maintain future insurance costs or wish to avoid points.)

Contact a Traffic Defense Lawyer About Your Case Now – Don’t Delay

In most cases, it helps to get an objective legal opinion before paying a ticket and pleading guilty to a traffic offense. Learn more about your options by contacting a traffic defense lawyer today. Arrange a time for a case review and consultation right away.

When you schedule a consultation with a traffic lawyer, you can expect to receive advice and guidance tailored to your specific case. During the consultation, the lawyer will carefully review the details of your traffic ticket, including the circumstances surrounding the violation and any evidence that may exist.

They will ask you questions about your driving history, the events leading up to the ticket, and any previous legal issues you may have had. This information will help them understand the full context of your case and determine the best defense strategy to pursue.

Once the lawyer has gathered all the necessary information, they will provide you with an honest assessment of your options and the potential outcomes of each. They will explain the relevant traffic laws and regulations that apply to your case and outline the potential defenses they might use.

You can also expect the traffic lawyer to provide guidance on the steps you should take moving forward. They may recommend gathering additional evidence or witness statements, or suggest alternative options such as plea bargains or traffic school.

By consulting a Clifton criminal defense lawyer, you are putting yourself in the best position to achieve the most favorable outcome. With their experience and representation, you can feel confident in making informed decisions about how to proceed with your traffic ticket defense. So don’t hesitate to schedule a consultation and get the legal support you need.

by Lindsay Bernstein

NJ First-Time DUI Offense: What You Can Do to Fight Back

A first-time DUI can be upsetting. If you’re faced with a first-time DUI charge, you may face fines, license suspension, the installation of an ignition interlock device (IID), a commitment to a program at the Intoxicated Driver Resource Center (IDRC), and, in the worst case scenario, 30 days in jail.

However, you can get through the legal process with the help of an experienced DUI lawyer in New Jersey. An attorney who handles DUI cases can often present a defense that can reduce the charge, improve the outcome, or maybe even get an acquittal.

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The Arguments a DUI Lawyer Can Raise

A DUI lawyer will review all the factors of your case to determine the proper strategies for your defense. Below are some arguments a lawyer can raise.

Unlawful Motor Vehicle Stop

The Fourth Amendment and the New Jersey Constitution, Article 1, paragraph VII, allows all citizens the right to be free of unreasonable search and seizure. Therefore, a law enforcement officer must have a legal reason to pull you over or a reasonable suspicion that a crime or motor vehicle offense occurred.

If the state can’t meet the standard, evidence obtained from the stop can be held inadmissible during a trial or in court.

Vehicle Operation as an Issue

The issue of vehicle operation can also be used as a defense. For instance, you may be sitting in your car with the motor running and are getting ready to drive. Or, you could be parked in your car, engine running, but may prove you had no intent to drive away. For instance, your DUI lawyer might argue that you were listening to music or merely got in your car to keep warm. You have to operate the car with the intent to drive to be charged for DUI.

Unable to Provide Enough Evidence

The prosecutor must provide all the evidence for your DUI case. If the state does not share all discovery content and evidence, your DUI attorney may file a motion to compel the other side to produce the required evidence. If the state fails to comply with the resulting court order, it may lead to a dismissal of the case.

An Inaccurate or Invalid SFST

Before you’re arrested for DUI, you may undergo one or more standardized field sobriety tests (SFSTs). These tests include the walk-and-turn, horizontal gaze nystagmus (HGN eye test), and one-leg stand. Law enforcement uses the test results to show intoxication. However, it’s important to note that in  New Jersey, HGN eye test results can’t be used against a defendant.

According to the National Highway Traffic Safety Administration (NHTSA), the walk-and-turn test has an accuracy rate of about 66 percent. Other factors, including a defendant’s weight, age, and medical and physical condition, may also alter the validity of SFSTs.

Sometimes, non-standardized field sobriety tests are used to determine intoxication. These tests may include reciting the alphabet backward, counting backward, or touching the finger to the nose. The NHTSA does not endorse non-standardized tests as solid indicators of intoxication.

Your DUI attorney will look at any tests you were given outside the required breathalyzer test to build a defense for your DUI offense.

Mobile Video Recorder (MVR) Evidence

Some police departments take MVR recordings of your vehicle stop and the administration of SFSTs. Videos are used to show your mental and physical condition when you were arrested.

You are entitled to receive a copy of videos and the evidence related to your DUI arrest. Sometimes, videos can be used to prove that you performed better on FSTs than what the officer reported in their police report. Failing to produce the videos or their destruction often leads to a dismissal.

Not Reading Implied Consent Warnings

Anyone who faces DUI in New Jersey must have a standardized statement read to them that was drafted and approved by the state’s Attorney General’s office. This statement must be read in a language the defendant understands. If you’re not an English speaker, failure to read the statement for the implied consent warning in your language may lead to a case dismissal.

Violations of the Miranda Rights

The U.S. Constitution requires a police officer to inform a DUI suspect that they’re under arrest and must advise them of their Miranda Rights. The Rights include the following information:

• You have a right to contact an attorney
• If you can’t afford an attorney, you have a right to court-appointed legal counsel
• You have the right to remain silent

Any statements made after you’re advised of your rights may be used by the prosecutor in a court of law.

Alcotest 7110 Certification Issues

A law enforcement officer who uses the breathalyzer Alcotest 7110 device during an arrest in New Jersey must be trained and certified in the machine’s use. Certifications should be current, and copies should be given to your attorney.

If a law enforcement officer is not certified, the breath test results can’t be admitted in court. The device also must be inspected and recalibrated regularly. This process must be documented and completed within a certain period. Documents are provided at trial to show that the machine was operational when the breath sample was taken. Otherwise, any results from the testing may be held to be inadmissible.

Your DUI lawyer should have in-depth knowledge of how the Alcotest 7110 device should be administered and maintained so any evidence from the device is valid and fair.

Failure to Perform a 20-Minute Observation

The alcohol in your mouth can affect the accuracy of your breath sample. The alcohol may be present if you’re chewing gum or you vomit. Therefore, the Supreme Court requires a 20-minute observation of anyone submitting a breath test. If this isn’t done, the DUI charges may get dismissed.

Incorrect Blood Collection or Blood Test

Law enforcement officers are required to follow specific steps for drawing blood. These procedures are different from those used by hospital or EMT staff members. Failure to follow the right protocol may result in inadmissible results. In addition, the law in New Jersey requires the police to obtain a search warrant before a defendant’s blood can be taken without consent.

Forced to Provide a Blood or Urine Sample

You can’t be forced to submit to a blood or urine sample in New Jersey. Therefore, the evidence may be inadmissible if a suspect is forced to provide these samples. A refusal is only applicable to breath tastes.

DRE Evidence

You can’t drive in New Jersey while under the influence of oxycodone, heroin, or cocaine. Some law enforcement officers receive training to perform Drug Recognition Evaluations (DREs). However, this information is not totally dependable evidence when proving guilt beyond a reasonable doubt.

Medical Conditions

Some medical conditions may negatively impact the prosecutor’s proof of intoxication. That’s because some medical ailments mimic intoxication. For instance, diabetes or a prior ankle or knee injury may replicate drunkenness. Other medical conditions affect the validity of the breathalyzer test. These conditions may include the presence of blood in the mouth, postnasal drip, or gastroesophageal reflux disease (GERD).

Testimonies of Expert and Individual Witnesses

Witness testimony can be used to build a defense, especially when your sobriety and behavior are questioned.

Police Reports

In some cases, inconsistencies in police reports can be used to build a compelling defense.

Contact a DUI Defense Lawyer about Your NJ DUI Case Now

To ensure that your DUI defense covers all the bases, you should always speak with a reputable and knowledgeable DUI lawyer. Learn more about your rights and the defense strategies open to you. Contact a New Jersey criminal defense attorney right away.

by Lindsay Bernstein

How Can An Attorney Help Me Change My Name Legally?

While changing your name may seem straightforward, it’s still better to ask for a name change attorney’s help to ensure you make things official and go through the steps hassle-free.

Schedule a Free Initial Consultation Today!

Common Reasons Why People Change Their Names

People change their name for one of various reasons, including the following:

• They simply don’t like their birth name. Some people find their name embarrassing if it’s misspelled or mispronounced. It can get tiresome socially to repeatedly correct a person’s interpretation of your name. 
• They wish to change their name after a divorce. Some women wish to reclaim their maiden name after they’ve divorced or change their name completely. 
• Some husbands wish to take their wife’s surname instead of vice versa. The process is quite simple in some states, while in others, you need to go through a more complicated process.
• In some cases, a mother may want to change their child’s surname to hers if the father is no longer in the picture.
• Some couples may create a new surname by using parts of each other’s name by hyphenating the two last names and making a new joint surname. This can be simple or more detailed, depending on the state. Therefore, it helps to get a lawyer’s advice before you begin.
• Some people want their names to be less ethnic so others find them easier to spell and pronounce. Others may want to reclaim their ethnic heritage by changing their surname to one that’s been lost over time.
• Transgender people may request a name change to reflect the gender they identify with – maybe to the feminine or masculine version of their current name or by choosing a whole new name altogether.
• Some people change their name because of a recent religious conversion or for religious reasons.
• Same-sex partners may choose to share a surname so they can conveniently complete financial or legal paperwork.
• Some families who adopt want a name change so everyone’s last name matches.

Also, you may need a lawyer’s advice if you’re a researcher or other academic professional planning to marry. Changing your name can affect your work and how you’re perceived in academic and scientific journals.

Whatever your reason for a name change, a name change attorney will navigate through the process with more confidence and less conflict. Again, you will spend less time changing your name with an attorney’s assistance. They can efficiently present your case, correctly fill out the paperwork, and make sure all the documents are filed properly. They can also keep you on track after a name change, so you can add your new name to your financial accounts and I.D.s.

Name Change FAQs

Do you have questions about legally changing your name? If so, the following FAQs will help answer your questions. That way, you can contact an attorney and take the necessary steps more easily.

How Long Does a Name Change Usually Take?

On average, it takes about 60 to 90 days to legally change a name.

Is a Court Appearance Required?

It depends on the judge or court managing your case. If a court appearance is necessary, a name change lawyer will prepare for the hearing. They will also answer questions from the court on your behalf.

Should I Change My Name in My State of Birth or in the State Where I Currently Live?

When you submit the legal paperwork for a name change, you should do so where you currently live.

Should I Still Legally Change My Name if I Just Want to Change the Spelling of My First Name?

Whether you make a complete name change or just wish to make a minor change to your first name, middle name, or surname, you still have to go through the legal process.

If a Formal Name Change Necessary If I Only Wish to Correct My Name

If you only wish to correct your name on vital records, it’s best to contact the office of Vital Statistics where you live to find out more about correcting your name.

How Do I Change My Name if I’m Planning to Marry or Get a Divorce?

You don’t need to have your name officially changed through the name change process if you’ve recently married or divorced. You can simply sign the marriage certificate, or if you go through a divorce, you can resume using the prior surname after the dissolution.

How Do I Change My Child’s Last Name If I’m Adopting Them?

A  formal legal court-ordered name change is not required if the name change is related to an adoption or paternity action. A child’s name or your name will be changed in connection with the activity.

What Happens if a Person Who Wants a Name Change is Under 18 Years Old?

When a minor requests a name change, both biological parents must consent to the change request. If there’s any objection, the court will decide based on the best interests of the child.

Does a Person Requesting a Name Change Have to Be a U.S. Citizen?

Applicants do not have to be U.S. citizens. Name changes apply to permanent residents and people born in the U.S. However, a permanent resident alien does have to report a name change to the U.S. Department of Homeland Security.

What Happens If the Name Change is Requested Out of Concern for Personal Safety?

When a person changes their name out of concern for their safety, the application for the name change may be sealed or not made available to the public. If there’s a well-founded concern, your attorney can help you with sealing the application.

Contact a Name Change Attorney About the Process Now

Whether you are changing your name to begin a new chapter in your life or you wish to alter a name that is difficult to pronounce, you’ll find it easier to do so with a lawyer’s help.

Contact a name change attorney to streamline and successfully complete the change process. Ensure you get your questions answered and that everything is filled out without difficulty. Schedule an appointment with a name change lawyer today.

by Lindsay Bernstein

What Happens If You Refuse a Breathalyzer Test?

A Breathalyzer is a required test when you are suspected of DWI. Your refusal to take the test can be used against you in the courtroom and result in the immediate suspension of your driver’s license.

It’s always best to consult a DWI defense attorney if officers stopped you for drunk driving. They can often achieve a better outcome if you’re charged with driving while under the influence of alcohol and/or a refusal of a Breathalyzer.

Schedule a Free Initial Consultation Today!

The Law of Implied Consent

When you’re issued a driver’s license, you give your implied consent, by law, to submit to chemical tests – Breathalyzer, blood test, or urine sample. This lawful consent is a type of trade-off for the privilege of driving a car. Implied consent is, therefore, a permission or an agreement that is not directly expressed but understood.

Examples of Legal Breathalyzer Refusals

If you refuse the Breathalyzer test, you’ll be charged for refusing the test. Even if you don’t clearly agree to the test, it can be seen as a refusal. An ambiguous response, conditional response, or silence is considered the same as a direct refusal.

Silence

To agree to a Breathalyzer test, the accused must show a willingness to take the test. While you have the right to remain silent, this right does not apply to consenting to a Breathalyzer test. In this case, your silence is construed as a refusal.

Insufficient Samples

Sometimes, after consenting to a Breathalyzer, a person intentionally minimizes the air they blow into the machine or cannot provide enough air to register a valid reading. This result can also be considered a refusal.

Outright Refusal

When you give the officer a flat “no,” a summons for the refusal is automatically filed, and your license is suspended. In the interim, you can also lose the right to have a conditional license.

Delaying the Test

This type of refusal happens when a person attempts to delay the testing. Any efforts to stall the test may be interpreted as a refusal.

Conditional Consent

You should say “no” or “yes” when asked to perform a Breathalyzer test. Saying anything other than an affirmative and unconditional response is considered a refusal.

If you refuse to submit to the test, you may still be charged with driving while intoxicated or under the influence. Police do not need the test to convict you of the crime. If they have probable cause, it’s enough to make an arrest.

The Penalties for Refusing

Refusing a Breathalyzer test is considered a separate traffic violation, which triggers an instant license suspension. For a first offense, you may have your license suspended for as long as a year and pay a penalty of up to $500. Repeat offenders face larger fines and longer suspensions. Regardless of the form a refusal takes, it can get pretty expensive.

Your Miranda Rights versus Your Right to a Refusal

Your right to refuse a Breathalyzer test is your right alone. Don’t confuse this right with your Miranda Rights – such as the right to remain silent or have a lawyer present.

Once the Breathalyzer test is confirmed, a police officer may read you your Miranda Rights. Then, immediately contact a DWI attorney about your DWI arrest and do not answer police questions.

Field Sobriety Testing

Besides chemical tests, the police may administer field sobriety tests (FSTs). Tests include the walk and turn, the horizontal gaze nystagmus (HGN), and the one-leg stand.

These tests are often given roadside. Unlike the chemical tests, you won’t get into trouble if you refuse these tests. If you haven’t been drinking or are not impaired, you might go on your way without an arrest.

If you fail a field sobriety test, an officer has enough proof for probable cause to make an arrest. They will also have the evidence needed for a prosecutor to present a case at trial.

Even if you refuse FSTs, you’ll usually be arrested for DWI, and your refusal, while lawful, will still be admissible at trial. While a refusal creates a negative inference, it still is a much weaker form of evidence than if the police have video proof of your failing an FST. So, if you’re intoxicated, you may be better off if you don’t submit to an FST and take the Breathalyzer once you get to the station.

What a Criminal Defense Lawyer Will Examine If You’ve Refused Testing

A criminal defense lawyer who handles DWI cases will assess the circumstances of a Breathalyzer refusal by asking specific questions. These questions review the level of intoxication, the legal procedures for testing, and the defendant’s understanding of taking or refusing the test.

Questions a Lawyer May Ask

For example, a lawyer may ask the following questions:

• Did the police have enough of a reason to believe the accused should be tested for intoxication?
• Did the police officer inform the driver of their rights regarding the test?
• Did the defendant refuse the Breathalyzer, or was there a language barrier?
• Did the defendant understand what the police officer was requesting?

When a DWI attorney handles these cases regularly, they have the knowledge and experience to identify issues with your charges – issues that may reveal a charge for a Breathalyzer refusal was improper and, therefore, should be dismissed.

Your Rights for Submitting to a Breathalyzer Test

When you take a breath test, the police should inform you of your rights and the penalties for refusing the test.

The arresting officer must advise you of what will occur if you don’t follow the law for implied consent for chemical testing. They will advise you that you don’t need a lawyer present when you take the assessment.

They may also indicate that you’ll be issued a summons or that you’ll be separately charged for the refusal. Any revocation or suspension for the refusal is separate from the DWI charge. When they ask if you’ll submit samples of your breath, you should directly answer “yes” or “no.” You should clearly state your answer so that it’s straightforward and not confusing or ambiguous.

The Two Types of Breathalyzer Tests

Breathalyzers are preliminary alcohol screening (PAS) tests or evidential breath tests (EBTs). The police use small portable handheld devices for PAS testing in the field. Because of their size and portability, they’re not always accurate.

If the police stop you for suspicion of DWI, pull you over for a traffic violation, or you get involved in an accident, they may ask you to take a preliminary breath test or PAS assessment. This test is also called a portable breath test (PBT) and is performed, as mentioned, with a handheld device.

While you’ll probably be arrested for DWI, a PBT is not usually admissible at trial. Again, portable Breathalyzers are not always reliable, so they’re not deemed admissible in court.

The EBTs are the larger, stationary machines featured in police stations. A police officer may use the PAS device before they make an arrest and then use an EBT to validate the test results.

BAC Levels

While the BAC level in most states is .08 percent, it helps to know how BAC levels can impact a person’s abilities and perceptions. Below are BAC levels and how they relate to the physical and cognitive effects of drinking alcohol.

• 0.01 to 0.05 – The person feels a slight buzz, less inhibited and alert.
• 0.06 to 0.10 – Emotional, sleepy, numb, and a reduced memory. The coordination is also affected.
• 0.11 to 0.20 – Shifts in mood, mania, and improper behavior.
• 0.21 to 0.30 – Depression, aggressiveness, blurred vision, and poor reasoning. 
• 0.31 to 0.40 – Unconsciousness or coma.
• 0.41+ – Possible death. 

Techniques Used to Measure BAC

A Breathalyzer may use different methods to measure a person’s BAC. Breathalyzers are made with semiconductors, infrared optical sensors, and electrochemical fuel cells to measure BAC results. Researchers are also developing Breathalyzer devices that are compatible with smart devices.

For instance, when an infrared cell is used, the cell directs infrared energy through the breath sample with the unabsorbed energy used to detect the BAC. The higher the concentration of the ethanol, the more infrared absorption occurs. This can be likened to a sunglass lens absorbing visible light.

The accuracy of the breath sample depends on the volume of deep lung (alveolar) air. As a driver breathes out, the device monitors the expired air using an infrared cell. The concentration of the ethanol escalates as the sample breath is analyzed, ensuring a precise alcohol reading. The volume of air a person blows depends on the size of their lungs.

If alcohol is in the mouth, the ethanol concentration quickly peaks when an evidential test is given. If an infrared cell monitors the breath profile and detects this peak, the test is aborted, and a blood test is ordered instead. Sometimes, devices register an interfering substance, which aborts the breath test and requires blood testing.

How a DWI Lawyer Can Help You If You’ve Refused a Breathalyzer Test or Arrested for DWI

If you refused a Breathalyzer test and were convicted of DWI, you must speak to a DWI attorney about your case. They can benefit you in the following ways.

Challenging a Breathalyzer Refusal

A DWI attorney can challenge the legality of the refusal, arguing that you may not have been properly advised of the consequences or that the police lacked probable cause to request the test.

Suppression of Evidence

A DWI attorney can file motions to suppress evidence not obtained legally, such as arrests without probable cause, violations of your constitutional rights during an arrest, or an improper traffic stop.

Plea Bargaining or Negotiation

If the evidence against you is strong, a DWI attorney can, in some instances, reduce the charges through plea bargaining.

However, some states, such as New Jersey, will not allow plea bargaining for a first Breathalyzer refusal or DWI. In these cases, a lawyer may find another way to minimize the consequences of the arrest. For example, they may offer mitigating circumstances or alternative options for sentencing.

For DWI offenders who spend time in jail, the sentence, on average, is 11 months – almost a year. That’s why you must speak to a DWI lawyer. They can help you stay out of jail and pay restitution with fewer penalties.

Challenging the Test Results for the Chemical Test

Your attorney may challenge the accuracy and reliability of the Breathalyzer test results if you agree to the testing. They may challenge the processes used to collect and analyze the samples or argue that the equipment was improperly calibrated or configured.

Appealing the Conviction

If you’ve already been convicted of a DWI, an attorney can file an appeal, proving that certain procedural violations or a legal error occurred during the trial. Doing so may lead to a new trial or a reversal of the DWI conviction.

Contact a DWI Lawyer Today

Refusing a Breathalyzer test carries major consequences, including the suspension of your driver’s license and potential fines and jail time. Even for a first offense, you may be facing these penalties. By relying on the skills of a New Jersey criminal defense lawyer , you can work to minimize the penalties and protect your rights throughout the legal process.

by Lindsay Bernstein

Revoked Licenses for Repeat Alcohol and Drug Related Offenses in New York and New Jersey

Driving under the influence of drugs or alcohol can lead to fatalities. Therefore, if you receive a DWI charge, you may sober up pretty fast when you make this realization. If you receive multiple DWI convictions, the court may determine that you’re not fit to drive.

Needless to say, if you’re facing another DWI or DUI charge, you need to talk to a DWI/DUI defense lawyer. An attorney can recommend the best course of action if you have been arrested again for driving while under the influence. Sometimes, they can help you beat the charge if there was a procedural error during the arrest.

Given that about 300 people are killed in New York City in alcohol-related car accidents each year, the law does not take repeated alcohol or drug-related offenses lightly. Moreover, out of that number, about one-third of the incidents involve a driver who has had three prior DWI arrests and convictions.

Schedule a Free Initial Consultation Today!

How a Revoked License Can Affect You

Wherever you live or work, a revoked license can make life difficult. For instance, if you receive a DMV notice in New York that your license or driving privileges have been revoked, your driver’s license is canceled. Therefore, you can’t drive until the revocation period ends.

While you can get a conditional license to drive in New York after a DWI arrest, you don’t have this advantage, for example, in New Jersey. You can’t operate a vehicle until your suspension or revocation period ends.

A revoked license can impact your ability to do daily tasks, such as grocery shopping, getting to and from work, or how you relate to others. If you can’t drive, you can face difficulties in other areas of your life.

Some people experience depression or an extra stain on their personal relationships. That’s why you should always seek legal guidance when you are facing an alcohol or drug-related driving offense and conviction.

The Difference Between a Revocation and Suspension

Technically, a license suspension temporarily removes driving privileges, while a revocation is considered more permanent. In either case, you must petition the court to regain your driving privileges. It’s just more difficult after a revocation. Naturally, the steps you need to take depend on your jurisdiction. So, it’s best to talk to a DWI attorney to determine how to proceed.

Getting Your License Revoked for Life

You may lose your driving privileges forever if you have too many violations within 10 years. Therefore, a DWI attorney can offer helpful advice and guidance if you face this situation.

Besides DUI/DWI offenses, reckless driving or aggravating factors can lead to a lifetime revocation of a person’s driving privileges.

Examples of Reckless Driving

Driving dangerously or recklessly is the fastest way to receive a lifetime suspension. In addition to violations that involve DUI or DWI, other offenses, such as vehicular assault, reckless driving, involuntary manslaughter, and aggravated vehicular homicide, can banish your right to drive.

Aggravating Factors in Driving Crimes

If you’re convicted of a driving crime with an aggravating factor, it elevates the degree of the charged crime, which may also lead to a permanent driver’s license revocation. Aggravating factors may include the following:

• Driving while discharging a firearm or using a weapon
• Driving while under the influence of a controlled substance, illegal drug, and/or alcohol
• Driving with an invalid license, if your license is revoked, suspended, or forged
• Driving recklessly with a criminal history that already contains the same or similar driving crimes
• Speeding or driving to escape law enforcement

Habitual DUI/DWI Convictions – Repeat Offenders

In the cases of habitual offenses for DUI or DWI, repeat offenders increase their odds of completely losing their right to drive. For example, if you’re convicted of DWI/DUI three or four times, you’re more likely to forfeit your privilege to drive.

Examples of Crack-Downs for Alcohol and Drug-Related Arrests and Convictions

Suspending or revoking a driver’s license is a mandatory penalty in many U.S. states for driving under the influence. While all states have tough punishments for drivers who drive after drinking or taking drugs, some states have cracked down on the problem.

For instance, both New York and New Jersey have some of the toughest traffic and drunk driving laws in the U.S.

New Jersey Laws for Driver’s License Suspension for DUID and Other Drug Charges

In New Jersey, for example, you can get your license suspended if you get convicted of driving under the influence of drugs, which is a DUID, or if you’re found in possession or under the influence of a controlled dangerous substance (CDS) while driving.

This can also apply if you were not driving at the time. If you receive a third conviction for DUID or driving while under the influence of alcohol, you can receive a license suspension for up to 10 years.

Denials for Reinstatements in New York

In New York, the DMV has reviewed thousands of applications for driver’s license reinstatements for drivers with multiple alcohol and drug-related driving offenses.

According to reports, about 1,500 applications were denied re-licensing if they had five or more alcohol—or drug-related convictions. Some applicants, who had three or four convictions for driving while under the influence within a period of 25 years, were also denied if they had a serious driving violation. These violations included reckless driving or a fatal crash.

Learn More About Your Rights Today: Contact a DWI Lawyer

If you’re charged with a drug or alcohol-related offense, you can face more than just a bad driving record. The law is cracking down on multiple offenses. That’s why you must consult a criminal defense attorney in New York & New Jersey to understand your rights and what you can do about a license revocation. Only with an attorney’s help will you realize a more positive outcome.