Bergen County DWI Law Blog

It doesn’t happen all the time, but sometimes there are cases when a judge feels it’s in a defendant’s best interests, or can benefit his or her family, to apply an alternate punishment for a conviction rather than prison time. There can be many reasons for this type of ruling. The judge may think that a person accused of a DUI is fully remorseful and is attempting to make amends. Or the judge could feel the family situation, such as children in the home, would be better off if the defendant carried out a sentence of probation without being taken to prison.

Many times, suspending a prison term in favor of probation will result in the defendant being required to take classes and attend substance abuse treatment to avoid a jail sentence. This was the case for a 57-year-old grandfather from East Orange, who had been sentenced to 15 years in prison for endangering his grandchildren and driving with heroin in his vehicle. Reportedly, the man had been caught driving 95 miles per hour with a suspended license, and six of his grandchildren and one adult riding in his van unrestrained. Police also found several bags of heroin in the man’s vehicle after arresting him.

It can be difficult for people to get their licenses back after losing the right to drive. Many times, the court requires special paperwork and expensive payments before a person can regain his or her driver’s license. But having a suspended license can add complications to this problem, as some people won’t be able to make it to a job in order to earn the money to pay fines. It’s certainly not recommended to drive with a suspended or revoked license, because that can result in even more penalties.

A man from Camden was returning with a van full of Christian ministry members after a conference in California, when the van overturned on Interstate 70 in Illinois and flipped several times. 9 out of the 11 men inside the vehicle were ejected, and 5 were killed.

Depending on the actions of someone being arrested for suspected DWI offenses, he or she could receive a light fine or sentence, or face serious charges. Of course, the potential consequences would also depend on how intoxicated the person was at the time of the arrest, as well as whether anyone was hurt or if property was damaged in an accident. If a police officer is hurt or almost hurt as a result of someone driving while intoxicated, the law will take such an offense very seriously, and it would be in the person’s best interests to be represented in court by an attorney with experience in drunk driving cases.

Field sobriety tests are most often used as a precursor to more sophisticated tests when a police officer suspects a person was driving under the influence. The usual tasks involved in a field sobriety test include those that test a person’s memory, balance, and ability to walk and talk. Other factors can influence how well a person performs during a field sobriety test. It isn’t unheard of for a New Jersey resident to fail a field sobriety test, and still be innocent of drunk driving.

An attorney who represents defendants in drunk driving cases has stated several reasons he believes field sobriety tests, and even breathalyzer tests, can be flawed. The attorney says he has doubts about the accuracy of such tests, as well as the legal system’s ability to treat everyone accused of drunk driving fairly. Many people are innocent, yet plead guilty because they’ve been falsely proven guilty by sobriety tests.