Kick Off the New Year Right, By Learning Some Easy Tips on How to Avoid DWI or DUI Arrests

Monday, January 14th, 2013

The first few months of the year, are prime-time months for police officers looking to make arrests against a person who has been involved in a DWI and DUI in Camden County and other areas of New Jersey. In this blog, I will provide you with a list of some easy-to-follow tips on how to avoid being in a situation where a police officer will suspect that you are under the influence of alcohol. Before even getting into this useful list, you must be found with a Blood Alcohol Content (BAC) level over 0.08%, in order to be charged with a DUI or DWI.

Now we can get into the mess of figuring out what penalties or fines a person can expect when he/she is found guilty and charged with a DUI or DWI, but with these tips, you won’t have to worry about that. Some of these tips may seem obvious, but then why do people still get arrested? These tips are focused on how to handle the pre-arrest situation. They will help you avoid having a police officer stop you in the first place.

Obey Traffic Laws by Driving Safe and Drinking Responsibly

I would encourage all drivers, not to drink AT ALL before operation a motor vehicle. However, since it is not illegal and you won’t be penalized unless the BAC limit is over 0.08%, I would encourage all drivers to drink responsibly. In there is ever a case where you have had one or two drinks and you had to drive home, do not give a police officer a reason to pull you over. This means obeying all traffic laws, such as driving under the speed limit and stopping at red lights and STOP signs.

The Police Officer Pulls You Over, Now What? Be Respectful

There are many times where a person is arrested for no other reason than giving the police offer a hard time, when he pulled him/her over. If a police officer is having a long, hard day, the last thing he wants is a driver to give him any sass. When stopped by the officer, it is not a wise decision to challenge him/her, or request to see the supervisor. A more effective strategy is to be respectful. Remember, they put their lives on the line every day, keeping the world safe and making it a better place. When asked a question, an officer will respond greatly to “yes sir, no sir” answers. Treating the officer with respect will go a long way and sometimes they will cut you a break. If you respond by being uncooperative, the officer will take that as a sign of intoxication or consciousness of guilt.

To Make the Experience Less Complicated, Put the Officer at Ease

There are many things you can do, as a passenger of a motor-vehiclist to keep the police officer at ease after he pulls you over. Again, these may seem like obvious tips, but you would be surprised by how many uncooperative drivers a police officer has to deal with each year. First, keep both hands on the steering-wheel, so the officer can see them. This way, he knows that you aren’t dangerous. Secondly, turn on the emergency lights and the interior lights, especially if you are pulled over at night. If the officer knows that he is safe and you are under control, it won’t be likely that he will begin asking you questions like, “Have you had anything to drink tonight?”

Always Have Your Driver’s License, Registration and Insurance in a Readily Accessible Place in the Car

A police officer can only proceed with breath-testing and making any charges when he has reasonable suspicion or probable cause. The court will look at the “totality of the circumstances,” in deciding whether the police officer had reasonable suspicion or probable cause. One of the first things a court will look at when factoring the totality of circumstances is if the driver had trouble finding any of his important documents including his/her driver’s license, registration and insurance. All drivers in New Jersey should have these documents in their cars at all times. If you are having trouble finding any of these, the officer will begin to look for reasons to suspect that you may have been drinking.

Do Not Tell the Officer That You Have Consumed Any Alcohol

You do not have to worry about this, unless you do not follow the tips listed above. However, if you choose to ignore those tips and become uncooperative as soon as a police officer pulls you over, he may ask you if you have consumed an alcohol. It is a personal decision that you have to make, whether or not to lie to the officer or admit that you are guilty. If the officer asks you that question, there is a good chance that he/she already suspects that you have been drinking. If you admit that you are guilty, then he can carry on with the investigation. If you lie, but the officer has enough suspicion to carry on with a breath test and the BAC level is above the limit, it will come back to haunt you.

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Posted in Drinking and Driving, New Jersey traffic laws, Reckless Driving, traffic law, Traffic Offenses, Uncategorized | No Comments »

The Importance Of Obtaining Car Insurance

Friday, October 5th, 2012

Owning automobile insurance is probably the most important part of being a driver. Being a driver holds an incredible amount of responsibility, and it is up to that person to make sure they, their passengers, and others on the road are safe from vehicular harm. If an accident does happen to take place, it is the responsibility of those who are involved to have adequate auto insurance in order to legally and financially protect themselves.

Insurance Is The Law

Many states may require drivers, as well as their automobiles, to be insured. This protects other drivers from unsafe and financially dangerous situations. It is often the case that if an insured person is in an accident with an uninsured driver, the insured person may end up paying most of the damages, causing their insurance to go up in price. The state in which you live in and drive in probably requires that you carry a certain amount of car insurance on your vehicles. States will also mandate what type of car insurance is required. In some states, you only need liability, while other states may require more.

Every driver should understand that in many states if you are pulled over by the authorities and have no car insurance you run the risk of having your vehicle impounded on the spot. While in other states it is illegal for the police to allow you to continue driving once they know you do not have the proper automobile insurance. In addition to having your vehicle impounded you may also be charged with heavy fees and fines by the courts.

Insurance Offers Protection

Additional, reasons why owning auto insurance is so important is for financial, medical and personal protection. Auto insurance may cover such things as bodily injury, vehicular damage, and theft. It may also be able to help with payment of medical bills, to temporarily replace income, and to assist in financially repairing or replacing damaged automobiles. Now, if a person is an uninsured driver, and they are involved in an accident, they may find themselves in a financially compromising situation.

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Reckless Driving

Sunday, April 15th, 2012

Reckless driving is defined as a moving violation in which a driver displays a disregard for the rules of the road. In essence, reckless drivers put themselves and others at risk, and they often involve more than one traffic violation. Reckless driving offenders are punished by fines, jail time, and/or driver’s license suspension or revocation.

Disregard for the safety of people or property is a common element in reckless driving car accidents. Reckless driving acts include, but are not limited to, the following situations:

.Causing an automobile accident

.Running red lights

.Distracted driving

.Running stop signs

.Drinking and driving

.Speeding

.Driving under the influence of drugs

.Suddenly braking

.Driving without headlights

.Tailgating

High Rate of Speeding

While speeding alone isn’t usually considered reckless driving, an extremely high rate of speed might lead an officer to charge someone with reckless driving.

Alcohol and Drugs Also Lead to Reckless Driving

Everyone that gets behind the wheel knowing that they are drunk or impaired are by definition reckless drivers. According to the courts, reckless driving and DUI offenses are separate crimes, and drivers may sometimes be charged with both crimes.

Most car accidents can be prevented by following these simple tips:

.Always wear a seatbelt

.Avoid distractions caused by passengers, cell phones, food, or loud music

.Don’t speed

.Obey all traffic signs

.And try not to drive when tired.

Not every automobile accident can be prevented, but you can control whether or not you cause a serious car crash.

The penalties for Reckless Driving in New Jersey are as follows:

.Jail of up to 2 Months (3 months for a 2nd offense)

.Fines of 50-$200. (Up to $500 for a Second Offense)

.5 Points on your Driving Record

The penalties for Careless Driving are:

.Fines

.2 Points on your Driving Record

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Posted in Criminal law, Juvenile Law, New Jersey traffic laws, Reckless Driving, Suspended or Revoked License, traffic law, Traffic Offenses, Violations | Comments Off

Driving Without Insurance

Friday, December 16th, 2011

Driving without insurance varies from state to state—and so do the penalties imposed. You may have your car registration suspended as well as your driver’s license. Whether or not you did not get around to paying your insurance (or are looking for cheaper rates) and your insurance lapses, operating your car without insurance is a hazard.

If you get in an accident and you have no insurance, your assets may be at risk since you will be held responsible for the damages caused. Also, if you get caught driving without a registration the penalties are usually tougher because you could have caused an accident in which you were
not covered.

Driving in New Jersey without auto insurance or not being able to show proof of auto insurance when requested is a serious offense carrying severe penalties. According to the NJ Motor Vehicle Commission a citation for driving uninsured puts you at risk of economic loss, fines,
suspension of driver’s license or registration, community service, surcharges, and time in jail.

The New Jersey statutes state that every owner or registered owner of a motor vehicle registered or principally garaged in the state of New Jersey shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance.

A first time violation of driving without liability insurance includes a fine of at least $300 and up to $1000, community service, DMV surcharges of $250 for 3 years, and the loss of your license for up to one year. In addition to court costs and fees.

A second time offense comes with a fine up to $5000, a mandatory jail sentence of 14 days, 30 days community service and a license suspension for 2 years or more. State laws and statutes are always being changed and updated, so it is important to contact the courts to find out what the exact penalties are for driving uninsured.

Remember that you are breaking the law if you drive without the proper auto insurance.

 

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