New Jersey continues to tighten DUI laws in the past few months. On Friday, November 1, 2013, new laws took effect that increase the penalties for repeat drunk driving offenders. Drivers convicted of a DUI related offense will now have Ignition Interlock Devices on their vehicles for a minimum of one year, up from the former minimum of six months. An ignition interlock device is a new mechanism containing a portable breathalyzer that is fitting onto a car's dashboard. Drivers whose vehicles have been outfitted with the device are not able to start their car without first giving a breath sample. At random times the driver is tested while driving to ensure that the driver is not intoxicated.
Showing posts with label driving license. Show all posts
Showing posts with label driving license. Show all posts
Thursday, March 13, 2014
Wednesday, January 15, 2014
New Jersey DWI Legislation Mandates More Ignition Locks!
New Jersey has recently seen a few pieces of legislation that push for the installation of more Ignition Interlock Devices in the vehicles of DWI offenders. An Ignition Interlock Device is an increasingly popular piece of technology that, once installed, forces potential drivers to take a Breath Alcohol Analysis test before their vehicle's engine is able to start.
Previously, New Jersey law mandated a three to seven month license suspension for first time offenders. Now, the NJ Legislature is considering a bill that would allow DWI offenders to avoid the license suspension penalty by mandating that all drivers convicted of DWI allow their vehicles to be fitted with the Ignition Lock device.
Previously, New Jersey law mandated a three to seven month license suspension for first time offenders. Now, the NJ Legislature is considering a bill that would allow DWI offenders to avoid the license suspension penalty by mandating that all drivers convicted of DWI allow their vehicles to be fitted with the Ignition Lock device.
If the legislation is passed, it will have a big impact in the way DWI cases are handled in New Jersey. One of the most far-reaching consequences of a DUI conviction is license suspension, which often prevents offenders from getting to work or school and thousands of dollars in fines, insurance premiums and commuting costs. Advocates of the bill assert that it will shift the focus of New Jersey DWI policy to prevention instead of simply punishing first time offenders.
If you or a loved one is facing a DWI in New Jersey, it is important you contact an experienced attorney as soon as possible. An attorney who is familiar with these recent shifts in legislature is invaluable in cases such as these.
Thursday, December 26, 2013
Updates to Leandra's Law Makes Driving Intoxicated with a Conditional License a Felony
Today I wanted to let you know about a new and very important change in New York State Law amending the law currently known as "Leandra's Law" or the Child Passenger Protection Act.
As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.
Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.
The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.
Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.
Kevin P. McKernan is a member of the National College of DWI Attorneys.
As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.
Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.
The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.
Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.
Kevin P. McKernan is a member of the National College of DWI Attorneys.
Wednesday, November 6, 2013
VTL 516: How Your Driving Violations Will Affect You
It is important for all drivers to be aware of the vehicle and traffic laws in their state. If you live in New York or New Jersey, you should be informed about VTL 516, which is commonly known as the "Driver License Compact".
VTL 516 states that because "the safety of streets and highway is materially affected by a driver's degree of compliance with state driving ordinances and that violation of those laws by a driver is evidence that the driver regularly engages in unsafe behavior while operating a motor vehicle", states in agreement with the VTL 516 Compact will report driving convictions that occur in other states to the driving authority of the person's home state. For example, if a New York driver is convicted of a DUI in New Jersey, it will affect his license at home in New York just as if it had occurred in New York.
Other convictions that are mandatory to report in VTL 516 States include manslaughter or negligent homicide, DWI, any felony in the commission of which a motor vehicle is used, and failure to stop and render aid in the event of a motor vehicle accident which results in the death of personal injury of another.
VTL 516 states that because "the safety of streets and highway is materially affected by a driver's degree of compliance with state driving ordinances and that violation of those laws by a driver is evidence that the driver regularly engages in unsafe behavior while operating a motor vehicle", states in agreement with the VTL 516 Compact will report driving convictions that occur in other states to the driving authority of the person's home state. For example, if a New York driver is convicted of a DUI in New Jersey, it will affect his license at home in New York just as if it had occurred in New York.
Other convictions that are mandatory to report in VTL 516 States include manslaughter or negligent homicide, DWI, any felony in the commission of which a motor vehicle is used, and failure to stop and render aid in the event of a motor vehicle accident which results in the death of personal injury of another.
Friday, October 4, 2013
Appealing Tickets: Why You Should Hire an Attorney
Speeding tickets are a common occurrence among drivers, but they can also cause major trouble. In New York, each speeding ticket puts points on your driving record. If you rack up 11 points in an 18 month period, your license will be in danger of suspension for 31 days. Unfortunately, points can accumulate quickly for even the most conscientious drivers.
Tuesday, September 10, 2013
New Jersey Law Part 2: New Regulations!
On Thursday, June 27, 2013, New Jersey Governor Chris Christie signed a piece of legislation that will increase fines for texting or calling on your cell phone while driving. The legislation, called S-69, states that any use of a cell phone without a hands-free device will earn drivers a minimum fine of $200-400 fine for the first offense. This represents a significant increase from the prior fine amount, which was only $100. Those who incur a second offense will pay a fine of $400-600 and a fine of $600-800 for a third offense.
Not only will chatterbox motorists be faced with large fines as a result of S-69, but offending drivers will experience some serious consequences. For example, the legislation allows a judge to suspend the license of a driver for ninety (90) days. These drivers will also incur a penalty of three motor vehicle points on their record.
Click the link below to learn more about the consequences of the new regulations in New Jersey.
Not only will chatterbox motorists be faced with large fines as a result of S-69, but offending drivers will experience some serious consequences. For example, the legislation allows a judge to suspend the license of a driver for ninety (90) days. These drivers will also incur a penalty of three motor vehicle points on their record.
Click the link below to learn more about the consequences of the new regulations in New Jersey.
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