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

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. 

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.

Drug Tests at Work & Your Rights

Drug testing for employees has became standard in many industries. This has left many people wondering about the legalities of this process. Unfortunately, it is hard to find a universal answer since laws and regulations vary widely from state to state.

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.

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.

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.

Increased Penalties for Gun Control and Trafficking Laws in New Jersey

On Thursday, August 8, 2013, New Jersey Governor Chris Christie signed ten gun control and trafficking bills into law.

A-3687 bans those on the federal Terrorist Watch list from obtaining firearms permits.
A-3717 requires the state to send relevant records, including mental health records, to the National Instant Criminal Background Check System in order to prevent the issuance of a firearm permit to anyone with a dangerous background.
A-3788 upturns previous regulation that firearms ownership records are private documents and requires them to be available pursuant to the New Jersey's Open Public Records Act.
A-3796 gives illegal firearm owners 180 days to dispose of all guns they may have.

                                              Picture by davescornertavern.blogspot.com

S-1279 increases the penalty for the unlawful transfer of a firearm to an underage person by making it a second degree crime.
S-2430 orders a "Study Commission on Violence."
S-2468 allows law enforcement to impound the cars of anyone found with an illegal firearm
S-2719 increased the penalty for gun trafficking by making it a second degree crime.
S-2720 declares that all information about handgun permits and the total number of "firearms purchaser identification cards" are public record.
S-2804 increases the penalty for the unlawful possession of firearms by making it a first degree crime and increasing the mandatory minimum sentences.

As you can clearly see from these new regulations, being convicted of a gun related crime in New Jersey can have a severe impact on your life. If you are convicted of a gun related crime, don't wait to call an attorney! An experienced attorney can explain your options and guide you through what can be an extremely stressful and arduous process. As always, feel free to call my office at 718-317-5007 if you are in need of an attorney.

Love and Warfare: Who Keeps the Engagement Ring in the Event of a Breakup?

They say love is eternal, but sometimes it just doesn't last. Each year, thousands of engaged couples across the United States decide to end their engagement. After the confusion and chaos of the breakup subsides, the question often becomes "What happens to the engagement ring?". An engagement ring is often representative of many weeks of the future groom's income and therefore a valuable and sought after item by both parties. Lucky, the courts in both New York and New Jersey have made it clear what the law dictates in this difficult situation.

Photo credit to GossipCop.com

The Dangers of Prescription Drug Abuse: How Xanax, Oxycodone, and Percocet Can Change Your Life Forever

Prescription drug abuse has become an epidemic all across the country. Every week you can flip on the television or open a newspaper and find new stories of arrests and convictions related to prescription drug crime. According to NY Senator Kemp Hannon, over the last year over 22 million prescriptions for painkillers were written in New York, yet only about 19.5 million people actually live in the state. In fact, prescription drug abuse has reached such high levels that Mayor Bloomberg of New York launched a Prescription Drug Abuse Task Force in an attempt to stop the use of these dangerous drugs in NYC. New York and New Jersey law enforcement agencies take prescription drug abuse crimes extremely seriously and are vested in prosecuting these cases to the fullest extent the law allows.

New Jersey Law Part 1: Expungement

       One of the reasons why it is vital to consult a seasoned litigator when you are facing criminal charges is that experienced criminal attorneys such as myself know all the ins-and-outs of the court system and how you utilize that system to your benefit. One of the lesser known options that the New Jersey Court system offers is called expungement.

        When a person is arrested in New Jersey, regardless of whether or not they are convicted of the crime, a criminal record is created in order to document that arrest. Even criminal matters that may seem trivial, like matters that result in a summons or fine, may be recorded as arrests on your criminal record. These “arrests” can show up when a potential landlord, employer, or creditor checks your record and could have a detrimental effect on your livelihood!