An Update on New Jersey DUI Laws

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.

What to Do When You Get a DUI

In my experience, the typical DUI client is an average person who made a mistake and now is facing enormous consequences which will affect their ability to get jobs, pay their bills, and even keep their freedom. Defending a DUI client, especially in New York and New Jersey, involves a very particular type of law since in these cases the prosecutors usually already have substantial physical evidence such as blood and urine results. For most clients, the majority of our defense will come down to pinpointing discrepancies and/or outright mistakes law enforcement made during your arrest. This involves meticulous review of your case - every detail counts in a DUI case.

Many peoples' first instinct is to consult their family or local attorney when they get a DUI. These attorneys do not often deal with DUI cases and all too often will look at the surface of the case and then advise their client to take a plea. Unfortunately, many clients do not realize that taking a plea in a DUI case has long term and serious consequences. When you plea to a DUI, you are admitting guilt and you will now have a (possibly felony) criminal record for the rest of your life. This means you will now be required to check "yes" when asked if you have ever been convicted of a crime on both job and college applications, may get your driving privileges suspended or even revoked, and your car insurance will undoubtedly be higher.

The best thing you can do if you are arrested for a DUI is hire a Criminal Defense lawyer. The more experienced your attorney is in DUI cases, the better off you will be. When looking for an attorney, remember that a DUI case is one where close and meticulous attention to detail is needed, so this is an attribute you should be looking for in your attorney. Another important thing to remember is that a skilled attorney often can make a real difference in the outcome of your case, so don't panic! Remember, in a DUI case, the surface facts of the case like your breathalyzer results are just the beginning. A good attorney will be able to build a solid defense from these facts.

If you or a loved one has been arrested on a DUI, feel free to contact my office at (718) 317 - 5007.

- Kevin McKernan

The Hidden Cost of Speeding Tickets

Some people get speeding tickets, pay the fines, and shrug it off. However, speeding tickets can cost you way more than just the face value of the fine. In New York, speeding tickets are associated with points, whose accumulation on your license can lead to suspension. Many people simply don't realize how much money simply accepting a speeding ticket will actually cost them.

First, you must pay the ticket itself, which depending on the speed you were pulled over at, could be anywhere from $45-$600. Then you must pay the associated surcharges. In New York, many speeding tickets come with surcharges of up to $100.

After you have paid all the fines and surcharges surrounding your ticket, you must accept the points that will be added to your license. If you have been ticketed with other driving violations in the past and have accumulated 11 points in the past 18 months, your driver's license may be suspended. Furthermore, if you have had three speeding incidents in the past 18 months, even without them adding up to 11 points, your driver's license may be suspended.

Finally, your insurance may increase as a result of a bad driving record. This results in you paying more each year for the same insurance!

The best way to avoid the consequences surrounding a ticket is to get an attorney. Experienced attorneys have handled hundreds of these matters and know how to make you walk out with the least possible amount of points and/or fees. A traffic attorney will help you navigate the situation to the best possible outcome.

If you received a traffic ticket in New York or New Jersey and need assistance, feel free to call the office at (718) 317-5007.

- Kevin McKernan

Amendment to the NYS Ignition Interlock Device Law

Recently, some new amendments to New York State Ignition Interlock Device Law were signed into law. The amendments change several key points of the procedure:

1. It is now a class E felony to drive while intoxicated on a conditional license. You will be charged with first degree aggravated unlicensed operation of a motor vehicle.
2. Youthful (under 18) DUI offenders will now be treated just like their adult counterparts. Before the amendment, it was not mandated that youth offenders get an ignition interlock device installed like it was for adult offenders.
3. The minimum period that an interlock ignition device will be installed was increased to one year. Before the amendment, the minimum was only 6 months.
4. The period of time that the interlock is on now begins from the date of sentencing, or the date that the device was installed if it was done in advance. Prior to the amendment, no “time served” was credited if the interlock was put on before sentencing.
5. In order to avoid the installation of the interlock device, an offender must swear under oath that they do not own a vehicle.

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. 

Common DWI/DUI Defenses

I recently received a NHTSA packet titled “Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases”. I thought it would be useful to share this information to those who are or have a loved one who is facing driving while impaired charges.

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.

What You Should Know About Drugs and DUIs

When people are accused of a "DUI", most people's minds automatically go to "drinking while driving". However, just because alcohol related DUI's are more commonly seen in the media, doesn't mean drug related DUI's aren't just as common and dangerous. In fact, a study by the Substance Abuse and Mental Health Services Administration found that over ten million Americans drove while under the influence of drugs in 2010.

If an officer believes that you are impaired enough to be a danger on the roads, you can and will get charged with a DUI no matter what the substance you have consumed is. But although the charge is the same, there are some differences in drug and alcohol based DUI cases.

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.

Texting Someone You Know is Driving in New Jersey Can Now be a Crime!

Every day, millions of Americans fire off text messages to friends, family and business associates.

Now, as a result of a recent decision by the New Jersey Superior Court, Appellate Division, some of those texts could be used as evidence to charge them with Reckless Driving as an Accomplice. In Kubert v. Best, the Court ruled that a sender of a text message can be held liable if they knew that the recipient was driving during the time they sent the text and he or she gets into an accident.

Your Rights While Driving Through a DUI Checkpoint

DUI Checkpoints have becoming increasingly common all over the country. DUI Checkpoints are stop points set up by the police, usually on a busy highway, in order to stop drivers passing through and check for drunk drivers and traffic violations.

If you are driving and encounter a DUI Checkpoint, the first step you should take is to have a good look at your surroundings. DUI Checkpoints should have clear signs that warn drivers that a checkpoint will be ahead. The checkpoint should be, but isn't always, strategically placed so that drivers have an alternative route to choose if they do not wish to participate in the checkpoint. Remember, you are under no obligation to go through the checkpoint. As long as you do not commit any traffic violations in avoiding the checkpoint or otherwise exhibit signs of being intoxicated, the police should not stop you.