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New Jersey Intoxicated Driver Resource Center

Apr 14

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

New Jersey Intoxicated Driver Resource Center

If a driver has been convicted of an alcohol or drug related traffic or boating offense in New Jersey, then he must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driver Center (IDRC).

The Intoxicated Driving Program is a unit of the Division of Addiction Services of the New Jersey Department of Health and Senior Services. The IDRC’s are units of, or contractors to, the 21 counties. IDP schedules you for the 12- or 48- Hour IDRC program and notifies Motor Vehicle Commission (MVC) when you have completed or failed to comply.

If a driver is sentenced as a first offender, he will be detained, educated, and evaluated for at least six hours each day on two consecutive days — a total of 12 hours – in the county IDRC facility. If the driver is sentenced as a second offender and he is not sentenced to jail or inpatient treatment, he will be detained, educated and evaluated during a period of 48 consecutive hours in a regional facility.

If a driver is sentenced as a third offender, then the municipal court may sentence the driver to jail or to an inpatient alcoholism treatment program or both. Nonetheless, the IDP will schedule the driver to appear at the 12 hour IDRC for a follow-up evaluation. The driver may also be required to participate in additional treatment or self help. In all cases you must satisfy the program, fee and treatment requirements of IDP/IDRC before any type of driver’s license is restored.

The Motor Vehicle Commission (MVC) will also send the driver a notice confirming your license suspension, and they will also bill the driver $200 for the MVC restoration fee ($100) and the IDP administrative fee ($100). The IDP fee is required for each alcohol-related conviction. The combined fee of $200 is payable immediately to the DMV upon confirmation of the suspension at a 12-hour IDRC or $200 at a 48 hour IDRC. If the driver is referred to a treatment program then they are also responsible for these costs.

If a driver does not live in New Jersey, then he/she still will have to comply with the program requirements. The driving privilege restoration and IDP fees $200.00 still must be paid to Motor Vehicle Commission. If you live within driving distance of an IDRC in New Jersey, then you will be scheduled to appear there. If not, you will be given an opportunity to satisfy the requirements in your home state.

If you fail to appear at the IDRC or if you do not satisfactorily complete a prescribed treatment or self-help program, or pay the fees on time, your license suspension will be extended, and you may also be jailed two days for non-compliance. The IDP/IDRC program completion will still be required.

What happens at the IRDC?

The driver will have to pay the IDRC a program fee and also complete a questionnaire. The driver will attend a series of educational sessions and discussions about DWI and the effects of drinking and driving. Most often, the drivers will have to watch numerous videotapes of bad accidents involving DWI. The driver will also meet with a counselor for their own personal evaluative interview.

The education program, which is part of the 12 and 48 hour IDRC, contains information on social and problem drinking, stages of alcoholism, the family and other relationships, alcohol and drugs and their effects on driving ability, and the New Jersey Intoxicated Driving Law.

After the education program, the driver may be referred to a treatment program or self-help group for alcohol or drug problems. If the driver is referred to treatment, it will be for a minimum of 16 weeks. The IDRC may require monitored treatment or self-help group attendance for a maximum of one year. You must complete treatment as part of your sentence.

A person’s driving privilege will only be restored when they have served all court- and MVC-imposed suspensions and if they are in compliance with all of the Intoxicated Driving Program and Intoxicated Driver Resource Center requirements.

INTOXICATED DRIVER RESOURCE CENTER – FAQ’S

1. How does the program apply to me?

If you have been convicted of an alcohol drug-related traffic or boating offense in New Jersey, then you must satisfy the requirements of the Intoxicated Driving Program (IDP) and the Intoxicated Driving Center (IDRC). These programs have two purposes; (1) to make our highways and waterways safer by educating drivers and boat operators about alcohol, drugs and their relation to motor vehicle and boating safety; and (2) to identify and treat those who need treatment for an alcohol or drug problem.

2. What program must I attend, and where is it?

If you are sentenced as a first offender, you will be detained, educated and evaluated for at least six hours each day on two consecutive days – a total of 12 hours – in your county IDRC. If you are sentenced as a second offender and not sentenced to jail or inpatient treatment, you will be detained, educated and evaluated during a period of 48 consecutive hours in a regional facility…… to read the balance of this article click here

To find more articles about New Jersey DWI can be found at New-Jersey-Lawyers.com. new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

 

 

 

 

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New Jersey Probate F.A.Q.’s

Jul 7

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

What is Probate?

Probate is the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered and applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in your Will.

How is a Will probated?

The following is a simplified outline of the general probate process:

  • The original Will is filed with the Court.
  • The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.
  • The Personal Representative files a Petition for Probate of the Estate.
  • For approximately nine months from the date of the Petition for Probate, creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.
  • During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time.
  • When the nine-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution.
  • If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists.

The minimum amount of time that the probate process can be completed is approximately nine months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original nine-month claim period, etc.

To find more articles about New Jersey  Wills and Probate Law can be found at New-Jersey-Lawyers.com.  New Jersey lawyers who can help with wills and estates in new jersey can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Traffic Defense Frequently Asked Questions For New Jersey

Jun 27

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

When can my driver’s license be suspended or revoked?

Driving a car is considered a privilege– and the State of New Jersey will not hesitate to take it away, if a driver behaves irresponsibly on the road. A State may temporarily suspend your driving privileges for a number of reasons, including:

  • driving under the influence of alcohol or drugs
  • refusing to take a blood-alcohol test
  • driving without liability insurance
  • speeding
  • reckless driving
  • leaving the scene of an injury accident
  • failing to pay a driving-related fine
  • failing to answer a traffic summons, or
  • failing to file an accident report.

In addition, New Jersey uses a “point” system to keep track of a driver’s moving violations: each moving violation is assigned a certain number of points. If a driver accumulates too many points within a given period of time, the Motor Vehicle Commission (MVC) will suspend his or her license.

Why doesn’t New Jersey Motor Vehicle Commission (MVC) return a driver’s license after the period of suspension?

For security purposes, New Jersey MVC no longer maintains paper files. When a driver’s license is surrendered due to suspension, a notation is made on the driver history record and the actual document is destroyed. Text appears on the driver’s restoration notice to enable him or her to obtain a free replacement license at any Motor Vehicle Commission agency when the driving privilege is restored.

Should I plead guilty or not guilty to a traffic violation in a court of law?

To answer this question, you will have to factor in potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points and effects on your driving privileges that will follow a guilty plea to the charged offenses.

If you plead not guilty, you have an opportunity to go to court and have a trial, at which the State, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the State’s decision on the terms of a plea bargain.

Are there viable excuses or questions that might prevent an officer from issuing a traffic ticket?

As a general rule, if you are speeding to the hospital, or run a red light due to an emergency, a ticket will not likely be issued and you might get a police escort to accompany you. But in the end, the violator’s attitude really does make a difference whether or not a ticket is issued. The officer generally has the last word on traffic stops, and motorists can gain an advantage by being cooperative and patient with questions. Also, it doesn’t hurt to ask the officer for a warning.

To find more articles about New Jersey  Traffic law and motor vehicle law  can be found at New-Jersey-Lawyers.com.  new jersey traffic  lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Motor Vehicle Point Reduction In New Jersey

Jun 20

Posted by admin in DWI, Municipal Court, News, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Three ways points can be reduced and/or deducted:

  • For every year of safe driving (no violations or suspensions), up to three points may be subtracted from your point total. This reduction of points occurs one year after:
    • your last point violation; or
    • your license was restored; or
    • the last time annual safe driving points were subtracted from your record (whichever is later).
  • After completion of a Motor Vehicle Services (MVS) offered driver improvement program, up to three points may be subtracted from your point total. These programs are only offered to problem drivers selected by MVS. Credit is given for one program maximum every two years.
  • After completion of a MVS approved defensive driving course up to two points may be subtracted from your point total. Credit is given for one program maximum every five years.
  • Please visit the “Improv-School” banner on my website: www.newjerseytrafficattorney.com for more information on on-line driver improvement program.

To find more articles about New Jersey  Traffic and motor vehicle law  can be found at New-Jersey-Lawyers.com.  new jersey traffic  lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Common Police Mistakes in DWI Cases

Apr 26

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

1. The police make an unconstitutional stop of your vehicle.

The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If there are no sufficient grounds to substantiate the stop of your vehicle, then make sure that your counsel files a motion to suppress. This is quickly becoming the strongest DWI defense in New Jersey.

2. The police can’t question a person without informing him or her of their Miranda rights.

In many cases the drivers get scared and they confess to drinking and driving. Always be cognizant of the fact that the police must issue a driver their Miranda rights before he or she can be questioned.

3. Stopping a vehicle without probable cause.

The police can’t stop a driver merely because they are suspicious that the person was driving under the influence. The police have to substantiate the traffic stop with a moving violation such as weaving, speeding, or an improper lane change. If the police can’t substantiate any probable cause to justify the stop, then the DWI case will be dismissed.

4. Stopping a vehicle just to check the driver’s license, registration, and insurance.

In many cases the police will stop a vehicle only to check the status of the person’s driver’s license, registration and insurance. If the police then arrest the driver for a DWI, then in many cases a good lawyer can contest the validity of the stop on the lack of any probable cause.

5. Stopping a vehicle for no reason at all.

In many cases the police are really on a “fishing expedition” to try to arrest as many DWI drivers as possible. This type of attitude is especially prevalent on weekends and in the summer. The police must have a valid reason to stop a driver. The common reasons to justify a valid stop are for speeding, weaving, or for an improper turn. If the police have not issued a moving violation to a DWI driver, then in many cases the DWI case will be dismissed because there is no probable cause.

6. Not having their alcotest operation certificate renewed.

A police officer must be qualified by the Attorney General and by the New Jersey State Police to operate and administer an alcotest machine. A police officer who seeks to administer an alcotest(s) must be certified. The certification is essentially a licesnse to conduct breath tests. Like any license it has an expiration date. An alcotest operator’s certificate is only valid for the year in which it is issued, and for the following two years. N.J.A.C. 13:51-1.8(a). In many cases, especially in high crime townships, the police do not keep their breathalyzer certifications up to date.

7. The alcotest machine has a history of malfunctioning.

A lawyer should always check out the certificates of the alcotest machine. If the DWI case has a marginal BAC reading, and if the alcotest machine has a history of being unreliable, then this fact can assist the defendant to win the case.

8. The police fail to read DMV Standard Statement 36 to the DWI driver.

The DMV Standard Statement 36 is an eleven-paragraph page that must be read to all DWI drivers. The police will then ask the DWI driver to sign at the bottom of the statement. If the police do not read the entire DMV Standard Statement 36 to the DWI driver, then in many municipal courts they will dismiss the case. This is a great defense, and it should not be overlooked.

9. Proper Operation of the Alcotest machine.

The Alcotest 7110 is alleged to be foolproof. Nonetheless, currently there are still many requirements that the police officer must comply with to properly operate the alcotest machine. In a DWI case the prosecutor must demonstrate that the alcotest machine was used in accordance with these accepted procedures. The prosecutor must demonstrate that the alcotest machine was properly operated by the police officer who conducted the breath test.

10. The police fail to wait twenty minutes after the arrest to conduct the breath tests.

The police must wait at least twenty minutes after the arrest to conduct the breath tests. The reason for this waiting period is to permit the DWI driver’s alcohol residue to dissipate. Many courts will recognize this defense and dismiss the case if there is a violation.

11. The police fail to wait ten minutes between the breath tests.

The police must wait at least ten minutes between the breath tests. Sometimes, the police become careless and they overlook this requirement. This is a great defense, and it does occur in some cases.

12. Attack the credibility of the police.

13. The State failed to provide an after-certificate.

The prosecutor must provide an after-certificate that proves that the alcotest is in proper working condition after the time of the DWI driver’s arrest.

14. The paperwork is all messed up.

The police must prepare “books of paperwork” in order to document their DWI case. In many cases, the police do a terrible job in documenting their DWI case. Remember, most police hate paperwork, and in many instances the police officer won’t arrest a drunk driver so that they can avoid preparing all of the paperwork. If the paperwork is sloppy, then this can be used to impeach the police officer(s), and to create holes in the State’s case. Always be aware for errors in the labeling of the breath samples, and of the alcotest machines. Also be aware for discrepancies of the times marked in the police reports. These minor points can be used to try to develop weak links in the State’s case.

15. The police fail to conduct the field sobriety tests correctly.

The police must be trained to correctly conduct field sobriety tests. In one of my cases, the police did not even have the proper training and education to conduct field sobriety tests. My client beat the DWI case on this defense.

To find more articles about New Jersey  DWI lawyer can be found at New-Jersey-Lawyers.com.  new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Speeding Ticket FAQ’s

Dec 31

Posted by admin in News | No Comments


The following article was written by Theodore Sliwinski, Esq. and can  be found on New-Jersey-Lawyers.com

1. How do the police measure a driver’s speed?

Generally, police use the following methods to catch you speeding:

a. A visual estimate. The officer sees your car and estimates how fast you are going.

b. Pacing. The police officer follows your vehicle at the same speed you are traveling and checks the police car’s speedometer to see how fast you are going.

c. Radar. The officer points a radar gun at your car and it calculates your speed.

d. Laser. The officer points a laser gun at your car and it calculates your speed.

2. Why is the concept of hearsay important in challenging a speeding ticket?

Be aware of any hearsay in a speeding case in Municipal Court. In challenging your ticket, you will want to be aware of a key legal rule called “hearsay” that could help your case. The hearsay rule bars any testimony that quotes information from somebody other than the witness. This is sometimes called the “he said” rule because it forbids a witness from testifying to what somebody else said he saw. There is a huge catch to this hearsay rule.  You must affirmatively object or the judge will allow the testimony.

Here are the most common scenarios in which a prosecutor is most likely to use hearsay evidence to prove a speed violation:

a. An officer testifies about what another driver told her about your behavior.

b. The officer who wrote your ticket testifies about what another officer told him.

c. Where two officers were in a patrol car, and one of them observed your driving. The officer who did not see your driving may not testify to what the other officer told him about your driving.

d. The prosecutor tries to introduce an absent officer’s police report or other written record into court in place of live testimony. If this should occur, then you should simply object on the basis that it is hearsay. If the officer is not present, then the written report is inadmissible hearsay testimony.

3. What is pacing?

Many speeding tickets are issued from the police officer following or “pacing” a suspected speeder and using his or her own speedometer to clock the suspect’s speed. With this technique, the officer must maintain a constant distance between her vehicle and the suspect’s car long enough to make a reasonably accurate estimate of its speed.

The road configuration where you were busted may help prove inadequate pacing. Hills, curves, traffic lights, and stop signs can all help you prove that an officer did not pace you long enough. For example, an officer following your vehicle a few hundred feet behind will often lose sight of it at a curve, not allowing enough distance to properly pace the vehicle. Similarly, if you were ticketed within 500 feet of starting up from a stop sign or light, the officer will not be able to prove that she paced your car for a reasonable distance.

4. How can pacing be inaccurate?

There are many ways that pacing results can be proven to be inaccurate. The farther back the officer, the less accurate the pace for an accurate “pace.” The officer must keep an equal distance between her car and your car for the entire time you are being paced. The officer’s speedometer reading, after all, means nothing if she is driving faster than you are in an attempt to catch up with you. That’s why an officer is trained to “bumper pace” your car by keeping a constant distance between her front bumper and your rear bumper. Pacing correctly requires both training and good depth perception. Moreover, pacing becomes more difficult the farther behind the officer is from your car. The most accurate pace occurs where the officer is right behind you. However, patrol officers like to remain some distance behind a suspect, to avoid alerting a driver who periodically glances at his rear view and side view mirrors.

Therefore, if you know an officer was close behind you for only a short distance, your best tactic in court is to try to show that the officer’s supposed “pacing” speed was really just a “catch up” speed. You will want to ask the officer the distance over which he tailed you. If he admits it was only a short distance, then it will help your case. Your goal is to use the speeds that the officer testified to for his car while he was pacing you to argue that he used his speed while closing in on you as you were driving under the speed limit…..click here to finish this article

For more information about  NJ Traffic Law or to find a New Jersey Traffic Violations Lawyer.  Additional lists of NJ Law firms can be found here.

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Choosing the Right DWI Lawyer

Feb 9

Posted by admin in DWI | No Comments



Choosing the Right DWI Lawyer

by Theodore Sliwinski, Esq.

Finding a lawyer who is experienced in handling DWI’s should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.

If you have never been through this before, you probably don’t know who to call, and it seems lawyers are a dime a dozen. If you have been through this before and are searching for a different lawyer, you know just how important it is to hire an experienced DWI lawyer. You need to understand just because someone is a lawyer does not mean they have the necessary DWI experience to defend you and your DWI case.

Click here to read the balance of this article. Click here if you need a New Jersey DWI Lawyer or visit www.New-Jersey-Lawyers.com for NJ Lawyers for all of your other NJ legal needs. You can also find for more listings of NJ DWI lawyers by going to NJLawFirms.net

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