DWI / DUI

What Is a Geofence Warrant and Is It Constitutional?

December 5, 2023 by Gregg Wisotsky, Esq. Leave a Comment

As geofence warrants have become a more prevalent law enforcement tool, the debate concerning whether they are unconstitutional has intensified. According to Morristown criminal defense lawyers, a number of New Jersey courts have recently expressed concerns over potential misuse. Those concerns led Bergen County, for instance, to put forth procedures that its law enforcement officers must adhere to when requesting such a warrant.

Geofence Warrants

A geofence warrant is a reverse location warrant. A typical search warrant applies to a specific individual. A reverse warrant applies to a group of people who may be suspects in a crime. The geofence or location limits the search to people who were in proximity to the crime when it took place. Google is currently the face of the discussion over geofence warrants, but other companies have received them as well, including Apple, Facebook, Lyft, Snapchat and Uber.

Fourth Amendment

The Fourth Amendment to the United States Constitution was introduced in 1789 and is part of the Bill of Rights. It not only prohibits unreasonable searches and seizures but sets forth requirements for issuing a warrant. All warrants must be issued by a judge or magistrate, supported by an oath or affirmation, justified through probable cause and particular in their descriptions.

The Unconstitutional Nature of Geofence Warrants

Many legal professionals contend that geofence warrants are unconstitutional based on two aspects of the Fourth Amendment. The first is probable cause. Solely being in the vicinity of a crime does not provide probable cause to search a person. The second has to do with a warrant being particular in its description. Many argue that such searches are inherently not particularized because what will be searched and seized is left up to the company that received the warrant.

Reasonable Expectation of Privacy

Another problematic aspect of geofence warrants is that a person generally has a reasonable expectation of privacy when it comes to location data collected about them by a website. This reasonable expectation is established through Carpenter v. United States and passes what is known as the Carpenter test. Your location history not only reveals data that may be germane to the criminal case but sensitive information referred to in the Constitution as “privacies of life.”

The Geofence Process

There are generally three phases of a geofence warrant. In the first phase, the government requests time-stamped location data from a company, such as Google. During the second phase, the government reviews the data and culls it through investigative techniques in order to pare it down to only the information relevant to the case. Through a subpoena, the government then requests identifying information that allows it to associate data with a particular person.

It is important to note that the process varies between jurisdictions. In the case of Bergen County mentioned earlier, all geofence warrants must be reviewed by an assistant prosecutor before being sent to the courts. These warrants are limited to specific degrees of crimes without the approval of a high-level prosecutor, and all warrant requests must meet specific tests for particularized probable cause.

Is the Geofence Process Unconstitutional?

Whether or not geofence warrants are, in general, unconstitutional will not be settled until the U.S. Supreme Court makes a decision. That will not happen until a relevant case makes it way to the highest court and it chooses to hear the case. This takes time, and this is compounded by the fact that this is new ground. The National Association of Criminal Defense Lawyers notes that reasonable expectation of privacy has traditionally been protected through practical limitations. Technology has removed those barriers, and we will need to restore them explicitly through new laws.

Local Representation in Morristown

If you believe that your rights have been violated by a geofence warrant issued in New Jersey, Gregg Wisotsky is a Morristown criminal defense lawyer who can help. Gregg has more than 25 years of experience representing clients whose Fourth Amendment rights have been violated. To schedule a consultation, call Gregg at (973) 379-4200 extension 3600 or submit our online contact form.

How Does a DUI Arrest Affect an Airline Pilot?

November 6, 2023 by Gregg Wisotsky, Esq. Leave a Comment

On average, one in 50 drivers in the United States have been arrested for a DUI in the past five years. For most drivers, a DUI arrest can lead to jail time and fines. However, for airline pilots, DUI arrests can result in even more consequences.

Why Are DUIs So Serious for Pilots?

Because pilots control massive pieces of machinery and many are responsible for hundreds of people’s lives, the Federal Aviation Administration (FAA) takes pilots with DUIs very seriously. If someone is so vulnerable to alcohol abuse that they drove while drunk, the FAA has concerns that the pilot might also abuse alcohol while flying. To avoid endangering the public, the FAA has to closely investigate the circumstances whenever a pilot gets a DUI. Any pilot who is arrested for a DUI is supposed to report it to the FAA so the situation can be properly investigated.

Potential Consequences for a Pilot Who Gets a DUI

Driving under the influence is always a dangerous situation, so it’s no surprise that the law takes it quite seriously. Just like anyone else with a DUI, a pilot can potentially end up going to prison or paying very large fines. If you injured anyone or damaged personal property while driving drunk, you might face some lawsuits as well.

In addition to all of these standard consequences, a pilot with a DUI also has some other potential issues to worry about. If you fail to follow FAA guidelines for reporting a DUI, you could potentially get your pilot’s license suspended or revoked. In cases where the pilot does report their DUI and the FAA does investigate, you can still lose your job no matter what happens with your license. Many major airlines have policies in place that require them to fire any pilot convicted of a DUI.

What Should Pilots Do When They Get a DUI?

Any time a pilot is arrested for drinking and driving, they need to act fast. Regardless of whether or not you were convicted, you will need to report the incident to both the FAA and the airline that employs you. The FAA requires you to report the arrest within 60 days of it occurring, and different airlines may have different rules about how promptly you should report it. Your Morristown criminal defense lawyer can help you figure out your legal obligations for reporting the incident.

The standard rule is that pilots ought to report their DUI by sending a letter to the FAA’s Security and Investigative Division. They will then provide you with details about what you should do next. Typically, you will end up needing to take a medical exam to see whether or not you have an alcohol use disorder that could impair your ability to fly. The FAA’s response is decided on a case-by-case basis, but typically they only suspend or revoke a license in one of these situations:

You’ve already been arrested for DUI two or more times.
You’ve been arrested for other criminal actions in the past two years.
Your blood alcohol content was higher than 0.15.
You refused to provide appropriate documents to the FAA when requested.
You seriously injured or killed someone while driving under the influence.
You refused to cooperate with law enforcement and take a blood alcohol test.

If you or a loved one has been arrested for a DUI in New Jersey, it’s important to seek a DUI defense lawyer as soon as possible. The right counsel has the potential to help you avoid a conviction or reduce the risk of losing your pilot’s license. At the law office of Gregg Wisotsky, our team has plenty of experience handling DUI cases. We help people deal with their criminal cases throughout Springfield, Newark, Hackensack, and surrounding areas. Schedule your free consultation with a Morristown criminal defense lawyer now by calling 973-898-0161 or filling out our contact form.

How Effective Are Roadside Drug Tests?

June 5, 2023 by Gregg Wisotsky, Esq. Leave a Comment

Roadside Drug Tests Are Not Always Right

Roadside drug tests are one of the most common sources of evidence used to convict defendants on drug charges, but how accurate are they? Over 350,000 people are behind bars for drug offenses, but many have been charged, convicted, and incarcerated unlawfully based on inaccurate readings from roadside tests.

In the last 10 years, courts have overturned more than 131 cases when additional laboratory tests revealed that the substances flagged on a roadside test were actually legal substances.

The truth is that many things can produce a false-positive result on these roadside tests. Such tests are made to produce rapid results, but they are far from being accurate. Even the presence of certain foods, like chocolate, can test positive for serious drugs, like heroin and methamphetamines.

What Does a Roadside Drug Test Do?

Using a sample from someone’s breath, saliva, or urine, these tests are meant to quickly reveal whether there are illegal substances present in a person’s system.

These tests can also be used to check for the presence of illegal drugs on certain materials as well, such as scraps of paper. Roadside drug testing helps officers quickly determine if you are driving under the influence, but they are not completely foolproof.

Research shows that as much as 24% of positive roadside drug tests are wrong. This means thousands of people each year can be falsely accused of driving under the influence or of possessing illegal substances.

Even though most courts do not recognize saliva tests as admissible evidence, countless people still find themselves being arrested and charged with crimes.

How Do New Jersey Drug Recognition Experts Impact Criminal Law?

In the state of New Jersey, police officers known as drug recognition experts are often called upon as expert witnesses in court. However, in 2023, Chief Justice Stuart Rabner reported that the court must be able to determine if the testimonies of these officers are reliable before they can be called upon as expert witnesses.

Because even a comprehensive field sobriety test can be inaccurate, it’s important for the court to recognize the risk of error, as well as the potential consequences a wrongful arrest or charge can have on a person’s life.

Previously, the Frye standard was used to justify the testimonies of drug regulation experts in New Jersey courts. Under this standard, evidence was considered admissible as long as it was generally accepted by the scientific community.

But with the perspective on roadside tests changing, the court is demanding a higher standard for reliability.

This change can make the difference between being found guilty or innocent for many people. Field tests, combined with the results of a roadside drug test, cannot always determine whether someone was under the influence of illegal drugs while driving. Only a blood test can definitively prove whether someone has a drug in their system, but the half-life of that drug is also an important consideration.

Taking all of this into account, there is a lot of gray area that can impact a person’s case in a New Jersey court for a drug offense. The best thing to do if you have been accused after failing a roadside test is to reach out to a Morristown criminal defense lawyer.

The Issues With Roadside Drug Tests

False-positives are common in rapid roadside tests, and people can even be flagged for driving under the influence if they have a prescription medication in their systems. There are also cases in which inaccurate or even inconclusive tests have been used to make arrests and convict people of crimes.

While you can appeal after being convicted, the long-term implications of the arrest and charge can have serious consequences on your life. From the emotional distress you and your loved ones experience to the financial hardship, the effects of an inaccurate drug test and wrongful arrest or conviction can be life-altering.

Because there is no other way to confirm the presence of drugs in someone’s system, the tests will remain commonplace in law enforcement. This means that people have to take additional precautions to ensure they are not wrongfully stopped or tested, but they only have so much control over this.

If you or a loved one have been wrongfully charged with a drug crime, there is help available. Gregg Wisotsky is a Morristown criminal defense lawyer committed to protecting your legal rights. Please contact our law firm today to schedule a consultation with him.

The Effect of a DUI on Your Nursing Career

January 14, 2023 by Gregg Wisotsky, Esq. Leave a Comment

Impaired Driving May End Your Nursing Career

According to a Centers for Disease Control and Prevention study, 1.5% of New Jersey drivers reported that they had operated a motor vehicle while impaired by alcohol. If you are a nurse who is caught driving while impaired, you could lose your license, pay a fine or spend time in jail. You may also be subject to discipline from your employer or from a state licensing board.

Why a DUI Might Negatively Impact You Professionally

As a nurse, you have a responsibility to care for the community. If you have a DUI on your record, it may be seen as an indication that you are vulnerable to making bad decisions that could harm yourself or others. If you are prone to making questionable decisions in your personal life, your employer may suspect that you are prone to making poor decisions at work.

Furthermore, if a patient found out that you have a criminal record, it may cause them to lose faith in your ability to provide proper care. If a patient has reason to believe that a caregiver was negligent, it might lead to a lawsuit against your employer. At a minimum, news of a lawsuit could result in a loss of goodwill for your employer, which would likely increase the pressure to suspend or terminate your employment.

Therefore, it may be worthwhile to hire a Morristown criminal defense lawyer if you are a nurse who has been charged with a DUI. An attorney may be able to help get the charge reduced or dismissed, which may help to clear your name or at least minimize the potential fallout a conviction may cause.

Tips for Minimizing the Fallout

If you are convicted of DUI, your employer will likely find out about it. You may no longer have the ability to drive yourself to work and have to rearrange your schedule. You may also have to spend days, months or years in custody, which means that you’ll need to tell your employer about your status. Finally, the authorities may alert your immediate supervisor or someone else within the hospital or practice where you work about the DUI.

Therefore, trying to hide the conviction or deny that it happened will typically only make the situation worse. Instead, it may be in your best interest to acknowledge what happened and outline the steps that you’ll take to avoid a future drunk or impaired driving charge.

For instance, you may agree to go to rehab or to simply refrain from drinking or using controlled substances. You may also agree to install an ignition interlock device on your car that prevents it from starting if it detects alcohol on your breath.

It may also be helpful to outline any facts in your case that might be considered out of character for you. For example, if you were charged with DUI because of an issue with a prescription medication, you may be allowed to escape punishment if you truly had no idea that you would react poorly to it. The same may be true if someone poured something into your drink without your knowledge or permission.

Other Issues to Consider If Convicted of DUI

If you are convicted of a DUI, a landlord may refuse to consider your application for a place to live. You may also lose access to certain types of student loans, which may make it harder to continue your education and advance your career. Finally, court costs and other fees may hamper your ability to afford a decent home or car.

If you need a Morristown criminal defense lawyer, don’t hesitate to contact Gregg Wisotsky today. You can do so by calling 973-898-0161 during normal business hours or 908-229-9714 during evenings or weekends. You can live chat with a representative on our website or fill out our online contact form so that one of our representatives can call you.

What Are Some of the Most Common DUI Mistakes Made by Police?

May 4, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Common DUI Mistakes Police Make

Many drivers are pulled over by police and subsequently arrested for driving under the influence. However, sometimes, police officers may make mistakes when arresting suspects for DUI. It’s important to know about these mistakes if you find yourself facing these charges.

No Cause to Make a Stop

One of the most common DUI mistakes police officers make is when they pull over a driver when there is no reasonable suspicion that a crime has been or is being committed. Police must have a valid reason to pull someone over, and in many cases that could be completely unrelated to driving under the influence. For instance, if a driver has a broken headlight or taillight, or if he or she drove through a stop sign, it will give the officer a legitimate reason to stop that individual. If the police officer merely got a glimpse of the driver’s face and decided that he or she appeared suspicious, that wouldn’t count.

No Proof of Operating a Vehicle

A police officer cannot arrest a person for DUI just because he or she is sitting in a vehicle that isn’t moving. If the car is parked, and the individual is sitting there, even with the engine idling, that doesn’t prove that the person is operating the vehicle while under the influence. An arrest for DUI would be considered a mistake.

Improper Administration of Tests

When police officers pull someone over for suspicion of DUI, they often require the person to submit to a breath test. However, the Breathalyzer must be properly calibrated before the test is administered, or it could give a false result.

Other tests that measure blood alcohol concentration must also be administered properly for the same reason. When a person is ordered to give blood or urine for testing to determine if he or she may be guilty of DUI, the samples cannot be tampered with or tainted, or they could give false results. A Morristown criminal defense lawyer knows that such tests would be inadmissible in court and would fight to ensure that the charges would be dropped against the person.

Field sobriety tests must also be conducted properly. If the police officer makes a mistake while conducting one of those tests, the results wouldn’t count.

Illegal Checkpoints

DUI checkpoints are commonly used so that police officers can stop drivers and ask questions to see whether anyone is driving while intoxicated. However, some officers make the mistake of setting up an illegal DUI checkpoint to stop people. Any roadblocks that are created have certain legal requirements the police department is obligated to follow. If the roadblock does not follow those criteria or has not been authorized, it’s considered a violation of drivers’ civil rights.

Stopping the Wrong Vehicle

Another common DUI mistake made by the police is when an officer makes a stop without identifying the vehicle that committed the violation. At any point when an officer makes a driver pull over, they are required to testify under oath that the person they stopped committed a specific traffic violation. Even if the police have the right suspect, if they cannot identify the vehicle, the case would be thrown out.

Detaining Someone Too Long

Police are not permitted to detain a driver for too long after stopping them. If the officer keeps the individual at the scene for an inordinate time while deliberately causing a delay or intimidating them, it’s a DUI mistake that can penalize the officer. Drivers are not to be detained for too long, even if suspected of driving under the influence, as it’s considered unreasonable.

Entering a Driver’s Private Residence Without Permission

Police cannot follow a driver to his or her home to make a DUI arrest. This is considered illegal, even if the person committed a traffic violation, as it violates his or her Fourth Amendment rights.

If you have been arrested after New Jersey police made a DUI mistake and need an experienced Morristown criminal defense lawyer, contact Gregg A. Wisotsky, Esq. at (973) 898-0161 or (908) 229-9714 after hours and on weekends.

Ways You Can Defend Yourself Against a DUI Charge

April 8, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Common Defenses Against DUI Charges

If you are charged with driving under the influence, a conviction can lead to the loss of your driving privileges and other significant penalties. With a good attorney by your side, however, you can successfully defend yourself against this accusation. The most common defenses involve challenging the evidence presented.

The Improper Stop Defense

It’s not unknown for the police to stop cars without the requisite reasonable suspicion that a crime has been or is in the process of being committed. An improper stop constitutes a violation of your Fourth Amendment rights. If you can show that the stop was inappropriate, all evidence gathered during the stop will become unusable. A Morristown criminal defense lawyer can determine if your rights were violated.

Challenging the Field Sobriety Test

You may have been subjected to an improperly administered or inaccurate field sobriety test. If this has happened, you can challenge the validity of your DUI arrest. Fairly frequently, defendants challenge the HGN test, the test where the officer shines a light in the eyes and observes eye movements. Believe it or not, field sobriety tests are based more on tradition than research. This makes it relatively easy to challenge these tests in court. A Morristown DUI lawyer can advise if this is the right defense for you.

Challenging the Breathalyzer Evidence

Your attorney may choose to challenge the results of your on-scene Breathalyzer test. It is not unknown for inexperienced officers to make mistakes while using a Breathalyzer. Vomiting can warp the results of any such test. Additionally, one may reasonably ask if the Breathalyzer received appropriate calibration and maintenance.

Challenging a Blood Test’s Chain of Custody

In this legal strategy, the DUI attorney questions the execution of a blood test and how the blood sample was handled. Police and testing personnel must follow strict procedures when processing these samples. Supposing these procedures were not followed, the blood sample reading may not stand up in court.

Claiming Blood Alcohol Concentration (BAC) Disparity

This is when the defense claims the defendant’s BAC was under the allowable legal limit while the defendant was driving but rose past the limit between the time of the stop and the time of the BAC test. This can happen because consumed alcohol takes time to become fully absorbed into one’s system.

Impropriety on the Part of Police

Even if you think you might have been a bit inebriated when you were pulled over, you shouldn’t give up hope on defeating the charge. Just because you were drinking, that doesn’t mean you were breaking the law. Furthermore, every defendant automatically enjoys a presumption of innocence. It is incumbent on the prosecution to proactively prove your guilt using evidence. If the evidence isn’t there, you are entitled to an acquittal. By hiring a Morristown criminal defense lawyer, you can ensure you are given access to this or any other valid legal defense.

Though less common, the affirmative DUI defense is not unknown. In this type of defense, you don’t directly challenge the evidence. Instead, you present mitigating factors that make the prosecution’s evidence irrelevant or inapplicable. Affirmative DUI defenses include:

The Necessity Defense. This is when the defendant was forced to drive to stop a greater evil from occurring. For example, the defendant may have been driving to save someone’s life or deliver an injured person to the emergency room.
The Entrapment Defense. There have been isolated cases in which officers have encouraged or pressured people to drive while intoxicated. Fortunately, the rise of cell phone cameras has shined a light on this behavior and other types of police misconduct.
The Mistake of Fact Defense. It may be possible for people to drive with the honest belief that they are not intoxicated. As an example, someone may be impaired due to an unforeseen interaction between prescription medications.

Fight the Charge

Having the assistance of an experienced New Jersey criminal defense attorney can vastly increase your chances of beating a drunk driving charge. To get the legal help you need in Morristown, contact Gregg Wisotsky today at (973) 898-0161.

Is It Possible for Your Health Issues to Affect Breathalyzer Results?

February 6, 2022 by Gregg Wisotsky, Esq. Leave a Comment

These Medical Conditions Can Impact Your Breath Test

Did you know that only about 50% of DUI cases result in a guilty verdict? Breathalyzers aren’t always foolproof evidence, so it can be tricky for the prosecution to prove a person was under the influence. If you have one of these health conditions, it can result in an inaccurate breathalyzer reading.

Asthma

This breathing disorder affects breathalyzers in multiple ways. One of the most common issues is that it makes it hard to breathe fully into the breathalyzer, so law enforcement officers might struggle to take a reading. Furthermore, a person who is having an asthma attack can act a little confused, which might make cops suspect they are drunk.

If you have used an asthma inhaler in the time leading up to your breathalyzer, your BAC results are even less accurate. Asthma inhalers use alcohol to preserve and distribute the medication that helps with breathing. When you take a puff from your inhaler, roughly a third of the mist is actually alcohol.

This alcohol isn’t even absorbed into your bloodstream like alcohol you drink. Instead, it coats the lining of the lungs. When you breathe into a breathalyzer, this alcohol mist comes back out and results in a false reading. Even people who haven’t had a drop to drink can seem over the legal limit if they use their inhaler before a test.

Respiratory Illnesses

If you are sick with the common cold or another type of respiratory illness, there might be a reason to doubt your breathalyzer results. Many false readings are triggered by certain medications. This happens because some medicines contain alcohol, and when they stick to the lining of your mouth and throat, the concentrated fumes can impair a breathalyzer’s ability to function correctly.

For example, sucking on a cough drop right before a test can quickly cause a false reading. Other common medications that can impair a breathalyzer include some types of Nyquil and Vicks products. If you were using an oral gel to help with a cold sore during your illness, you can also get a false result because of the anesthetic used in the medication.

Diabetes

One of the most common conditions used in a medical DUI defense is diabetes. Whether a person has type 1 or type 2 diabetes, their body struggles to process sugar correctly. When sugar levels become too low, a person experiences many symptoms that can be confused with drunkenness. Diabetic hypoglycemia causes tremors, slurring, clumsiness, and mental confusion.

If you have too much glucose in your blood, you are even more likely to be hit with false DUI charges. When a person has severely high blood sugar, their body enters diabetic ketoacidosis. This is a serious health crisis, and one of the key symptoms is producing too much acetone. When this happens, your breath may smell fruity and alcoholic.

Excess acetone in the bloodstream causes all sorts of problems. Though it’s most common in patients with high blood sugar, some people with diabetes can have chronically high acetone levels even if they currently have low blood sugar. This is a problem because breathalyzers cannot tell the difference between acetone and ethyl alcohol. Therefore, they register high acetone levels as high BAC levels. In fact, this is so common that some doctors use a breathalyzer test as a way of diagnosing patients with diabetes in the first place.

GERD

Gastroesophageal reflux disease, or GERD, is essentially a chronic form of heartburn. People with GERD struggle to digest food regularly, and contents from the stomach quickly back up into the esophagus. Most people just associate GERD with unpleasant chest pain and foul-smelling breath, but it can also cause legal problems.

Alcohol is one of the most frequent triggers of a GERD episode. Even just a few sips of a beverage can cause severe acid reflux. This becomes a problem if someone is suspected of a DUI. When you take a breathalyzer test with a lot of alcohol backing up into your throat, the readings are drastically off. A person might have merely tried a cocktail with dinner, yet they can end up blowing a result well over the DUI limit.

GERD can also contribute to false DUI charges because it affects a person’s breath. People with GERD tend to have chronic foul breath, so they often rely on mouthwashes and breath sprays. These GERD treatments typically contain alcohol, so having even a small amount lingering in your mouth can throw off your breathalyzer tests.

Kidney and Liver Diseases

Both the kidneys and the livers are an essential part of filtering toxic materials out of the bloodstream. Unfortunately, it is possible for these essential organs to quit working. There are a variety of medical conditions that can cause liver or kidney disease to develop. Most people with kidney or liver disease will not be able to drink alcohol because it further damages their vulnerable organs.

However, even without consuming alcohol, you might find yourself accidentally failing a breathalyzer test. This happens as a result of ammonia buildup. When your kidneys or liver cannot metabolize properly, you end up with excess ammonia in your body. Since breathalyzers aren’t the most sophisticated equipment, the ammonia buildup can easily confuse the breathalyzer. This can make it difficult for law enforcement to get a proper reading.

What to Do If You Have One of These Conditions

Being diagnosed with one of these conditions isn’t an automatic “get out of jail free card.” It does give you a very valid defense in a DUI case, but your Morristown criminal defense lawyer will still need to do some work. First of all, they might need to get some testimony from a medical expert. Since a lot of judges and juries may not know much about health care matters, your lawyer could ask a medical professional to explain how your diagnosis affected the breathalyzer test.

Your DUI lawyer will also need to show that there isn’t a relevant case against you outside of the breathalyzer test. For example, if video evidence shows you taking ten shots of alcohol, hopping in your car, and immediately crashing it into a pole, a potentially faulty breathalyzer test might not be enough to get your case dismissed. You have a better chance of avoiding a guilty verdict if you were not impaired or there was no evidence of you consuming excessive amounts of alcohol. Your lawyer may be able to use your illness as a reason to throw out the breathalyzer results, and without this evidence, the case against you might collapse.

If you or a loved one have been charged with a DUI, the law office of Gregg Wisotsky is happy to help. As a Morristown criminal defense lawyer, Gregg Wisotsky can discuss your situation and help you see if there are any valid ways to defend against a DUI charge. Our team can also help out with a variety of other types of criminal cases in Morris County. To learn more about our services, give us a call at 973-898-0161, or fill out our contact form.

A DUI and Future Employment

January 7, 2022 by Gregg Wisotsky, Esq. Leave a Comment

How a DWI May Affect Employment

In New Jersey, a driver with a blood alcohol concentration of 0.08% or higher is considered to be driving while intoxicated. A DWI in this particular state is a traffic offense and not an indictable crime and thus cannot result in a misdemeanor or felony for that violation alone. Still, Morristown criminal defense lawyers generally recommend representation in order to limit the penalties and any potential effect that it could have on future employment.

Driving While Intoxicated: The Terminology

The state of New Jersey has a driving while intoxicated statute designed to prevent people from operating a motor vehicle while affected by alcohol or drugs. All 50 states have similar statutes, and the offense is often referred to as “driving under the influence” or “driving while impaired.” You may often see these terms used interchangeably, and within the context of New Jersey, they all refer to the same DWI statute.

A DWI Is a Traffic Offense

New Jersey is one of only two states—the other being New York—in which a DWI is a traffic offense and not a criminal offense. A DWI can still result in a criminal offense if there are injuries involved, but the majority of DWI citations do not result in criminal charges. Nevertheless, a DWI can result in serious penalties, including:

Fines
Jail time
Automobile insurance surcharges
Substance abuse assessment and education
Temporary or permanent loss of driving privileges

May an Employer Inquire About a DWI Conviction?

It depends on the circumstances. An employer does have the right—depending on the phase of the hiring process—to ask you about criminal charges and to perform a criminal background check. But since a DWI is a motor vehicle offense in New Jersey and not a criminal offense, you do not have to disclose the arrest or the charges, and any conviction will not show up on a criminal report. It will, however, show up on your Driver History Abstract, which is commonly referred to as a driving record, and a clean driving record is a prerequisite to some jobs.

May an Employer Request a Driving History Abstract?

Municipalities are permitted to request your driving record without restriction, and they can therefore choose not to hire you based on a DWI. Other employers have limited access based on what the position entails. If the job involves operating a vehicle that requires a license, then the employer can ask you if you have been charged with a DWI and can verify that information through the DMV. The employer can choose not to hire you based on that information and may in some cases have an obligation not to hire you.

How Long Does a DWI Stay on Your Record?

In the state of New Jersey, a DWI remains on your driving history abstract forever. This is done so that previous violations can result in harsher penalties for subsequent violations. The law in this state does include what is called a 10-year step-down provision. After 10 years have passed from a previous violation, a subsequent violation will be assessed as if it were the first infraction.

There are no such rules governing employers. If an employer is hiring you to operate a motor vehicle, it has the right to assess a DWI conviction that is older than 10 years. It is generally believed that employers place greater emphasis on recent history, but they are not obligated to do so.

Local Representation in New Jersey

It is often beneficial for anyone charged with a DWI in New Jersey to hire an attorney to protect their legal rights and mitigate any penalties that may be faced. If you or a loved one is in this situation, then it could be a good idea to contact the law office of Gregg A. Wisotsky. We can provide you with a consultation and, if needed, local representation from a Morristown criminal defense lawyer. To schedule an appointment, call us at 973-898-0161 or contact us online.

Why Do DUI Charges Sometimes Get Dismissed?

November 5, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Are Common Reasons to Get a DUI Charge Dismissed?

Did you know that one in four DUI cases end up getting dismissed? Law enforcement officers are supposed to follow all sorts of guidelines when handling DUIs, and breaking any of them can cause the judge to throw out the entire case. Here are some of the most common reasons that a DUI charge can get dismissed.

The Traffic Stop for Your DUI Wasn’t Legal

Just like any other criminal case, the evidence against you can only be used if it was obtained legally. An officer has to have a reasonable suspicion that a crime is being committed for stopping your vehicle in the first place. This can include anything like breaking a traffic law or being witnessed leaving a bar while visibly intoxicated. If the officer pulled you over while you were driving safely and normally, your case could be thrown out.

You are especially likely to have a case for dismissing your charges if there is reason to suspect bias. In situations like DUI checkpoints, officers are supposed to remain neutral and use a targeting method like searching every fifth car. If you think a biased officer targeted you based on your financial status, race, gender, or age, it’s worthwhile to speak to a Morristown criminal defense lawyer.

Your Sobriety Test Results Weren’t Accurate

Failing a blood test or breath test doesn’t necessarily guarantee a guilty conviction. Your DUI lawyer may be able to cast doubt on the accuracy of the test results. The most common reason for dismissing a DUI case based on sobriety test accuracy is if the officer used broken equipment or failed to calibrate the equipment correctly. Certain medications and foods can also impair the results of a Breathalyzer.

You can also cast doubt on the outcome if the test was not conducted promptly. In the case of blood tests, they are only valid evidence if they are properly labeled and handled. If there is doubt that your sample was uncontaminated, your case could be thrown out. Blood tests also have to be conducted promptly. If your sample sits for days, alcohol levels elevate naturally due to decomposition, so the results are skewed.

The Arresting Officer Didn’t Follow Legal Procedures

In any potential arrest for DUI, police officers have to follow several legal procedures. They have to read you your Fifth Amendment Miranda rights and give you the opportunity to speak to an attorney. If this did not happen in your DUI case, you have a very strong reason to get your case thrown out. Without being notified of your rights, any evidence you gave to incriminate yourself is no longer valid.

There can also be other minor mistakes that can get your whole case thrown out. In some cases, things like a law enforcement officer failing to sign a complaint or writing down your Breathalyzer results may affect your case. If basic procedural mistakes occur, your lawyer can argue that there is not enough valid evidence to charge you with a DUI.

A Non-Standard Sobriety Test Was Used

Not all police officers use breath tests or blood tests to determine sobriety. If they asked you to do something like recite the alphabet backwards, your Morristown criminal defense lawyer might have grounds to ask for case dismissal. Certain non-standard tests are challenging to complete whether a person is sober or drunk. If the only reason for your DUI charge was failing some complicated test, your lawyer may be able to get your case dismissed.

As you can see, these sorts of issues come up fairly regularly. With help from a talented lawyer, you may be able to get the charges thrown out. The Law Office of Gregg Wisotsky is here to help with your DUI case. Even in situations where a dismissal isn’t possible, the right representation can still potentially improve the outcome of your case. Ready to schedule an appointment at one of our Morris County offices? Give us a call at 973-898-0161 or send us a message now.

The Consequences of a DUI Charge

September 20, 2021 by Gregg Wisotsky, Esq. Leave a Comment

New Jersey’s DUI Process

In the state of New Jersey, driving under the influence of alcohol or drugs is a common charge, and is variously referred to as DUI or DWI. According to the Department of Justice, New Jersey law enforcement officers arrest about 24,000 people per year for this violation. On average, that is about 65 DUI arrests per day.

Understanding a DUI Charge

While intoxicated driving is a common charge, it can be intimidating for those facing the legal consequences of an arrest. Before you find an attorney, you will need to know the proper terminology in the state. Most states refer to drunk driving as a DUI, which is known as driving under the influence. However, in New Jersey, the offense is often called driving while intoxicated (DWI). The terminology may be different, but the basic charge and consequences are the same.

Under New Jersey law, a person can be charged with a DWI if the driver’s BAC (blood alcohol content) is .08 or greater. Commercial drivers and anyone under the age of 21 have a lower BAC threshold. Plus, a driver who has a BAC of at or over .10 faces enhanced penalties.

What Happens After Getting Arrested?

When a law enforcement officer stops a driver, a field test is conducted. Those individuals found driving while intoxicated are given a ticket. You might have a court date set for your case. In many situations, the court date is within a few days of the violation. During the arraignment, the judge will explain the charges, and you need to plead guilty or not guilty. A guilty plea will lead to an immediate sentence. However, a not guilty plea means that the case goes to court.

Will I Have a Criminal Record?

Drunk driving is a serious traffic violation, but it is not technically considered a criminal offense in New Jersey. For that reason, if you are convicted of a DUI, your information will not be added to the National Crime Information Center database. However, this offense will be documented with the New Jersey Motor Vehicle Commission, and that information is available to the public. In addition, the DWI charge can cause issues with insurance and employment.

In New Jersey, convictions and arrest records can be sealed during an expungement process. New Jersey’s expungement laws do exclude DWI convictions since they are not criminal offenses. If you have questions about your record, reach out to a Morristown criminal defense lawyer.

What Are the Penalties for a DWI?

If you have been charged with a DWI in New Jersey, you are probably worried about the consequences. In many cases, your driver’s license will be suspended, and you must pay hefty fines and court costs. Many drivers might have to install an ignition lock device in their vehicles. This device is similar to a Breathalyzer, and it will measure your BAC level before you will be allowed to start the car. Even a trace of alcohol could render the vehicle undriveable.

Many of these penalties are based on certain factors. If it is your first offense, the penalties are less severe than someone facing a third or fourth charge. Those with a first DWI conviction can be sentenced to up to 30 days in jail, although alternative penalties such as community service are often assesses, and they will likely have their license suspended through a separate administrative hearing. For those who have a BAC of .10 percent or more, you could face a driver’s license suspension of at least six months with a fine ranging from $300 to $500.

Second DWI offenses can lead to a two-year license suspension, community service, and fines in excess of $1,000. As a driver continues to get arrested for this offense, the penalties and consequences will continue to increase, including permanent revocation of a driver’s license.

DWI and Reckless Driving Charges

In some cases, the DWI offenses can overlap with reckless driving charges. Under NJSA § 39:4-96, a person can be charged with reckless driving if the individual had a “willful or wanton disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person or property.” Some examples of reckless driving can include blocking other vehicles, ignoring traffic lights and signs, and weaving in and out of traffic lanes.

Like DWI offenses, a first-time reckless driving charge can include a fine and jail time. For those second and recurring offenses, the fines and jail sentences will increase. Along with that, the judge could temporarily suspend the individual’s driving license.

What Happens to My Insurance?

While many people worry about the fines and jail time associated with a DWI arrest, other consequences should be addressed as well. If you are found guilty of a DWI, it can negatively impact your daily life, including raising your insurance rates.

As previously stated, a DWI is not technically a criminal charge, but it will be documented on your driving record. The state does not add points to your driving record, but most insurance companies could add those points. These points are used as a way to measure whether you are a risky driver. If you have a high point range, you will have to pay a higher premium.

In some cases, the insurance company could drop you from their policies. If you have been charged with a DWI, it is vital to keep up with your insurance payments, including any periods of temporary license suspension. Any lapses in your insurance can lead to a monetary fine.

Will a DWI Conviction Affect My Employment?

With a DWI conviction, you might face some issues with your employment status. New Jersey municipal courts do not contact employers when a person is convicted of a DWI. However, you will have to contact your own employer if you work as a delivery driver, truck driver, taxi driver, chauffeur, or bus driver. Members of the military and pilots might have to disclose a DWI conviction to their employers. It is not uncommon for individuals to be terminated from their job due to a conviction.

Today, many employers will conduct a background check on anyone who applies for a job. While a criminal background check will not disclose a DWI, your driving record can show a conviction. If you are applying for a job, you do not have to talk about a DWI offense since it is considered a traffic violation and not a criminal charge.

Do I Need a Lawyer for Drunk Driving Charges?

Many people have never been arrested and have questions about the process. The New Jersey legal system is complicated. It is advisable to take an aggressive approach to these accusations. As a result, that can improve a person’s chances of beating the DWI charges. A Morristown criminal defense lawyer can examine every detail of your case and craft an effective defense. If you have been arrested for DWI in New Jersey, you need to consider all of your legal options. With the right help, you can possibly avoid the harsh consequences of a DWI conviction.

Find a Lawyer for Your Case

Anyone who has been arrested for drunk driving needs to contact a lawyer as soon as possible. When you reach out to Gregg Wisotsky, he will analyze your case and help to formulate a defense strategy for you. You want to have respected and trusted legal representation in the state, especially when facing the consequences of a DWI charge. Gregg is ready to handle your case. You can schedule a consultation by calling the Morristown office at (973) 898-0161 or visiting our website.

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