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Cape May County Criminal Defense Law Blog

Woman charged for DWI after hitting stop sign

A 50-year-old New Jersey woman was charged for DWI and other traffic violations after she was involved in a one-car crash on Nov. 24. The alleged drunk driving incident began in Flemington at around 9 p.m. when police received a report about a driver who had collided with a stop sign. When a police officer arrived at the scene, he discovered a fallen stop sign and pieces of a broken headlight and tire.

Minutes after the stop sign collision, the accused woman was pulled over along Route 31 by a Raritan Township patrolman. The woman had apparently been driving her SUV with a flat front tire before she was stopped. After she was transported to police headquarters, the woman's blood alcohol level was found to be over the legal limit, and she received a DWI charge.

New Jersey mayor charged with drunk driving

The mayor of Lambertville, David M. DelVecchio, was taken into custody for drunk driving in Burlington County on Nov. 9. He was pulled over around 1 a.m. on Route 130 in Mansfield.

Authorities claim an on-scene investigation showed that DelVecchio, 58, had consumed alcohol before getting behind the wheel. He was allegedly unable to complete field sobriety tests for officers and was detained.

Woman changed with DWI after crash on Route 34

A woman from New Jersey faces multiple criminal charges stemming from an accident in Wall Township on Nov. 21. The reports indicated that the accident happened at 8:34 p.m. on the interchange between Interstate 195 and Route 34 and necessitated the closure of part of the road.

According to the police chief, the 47-year-old woman from Atlantic Highlands was merging from the interstate onto Route 34 northbound when her vehicle ran into another one. This caused an accident that left the driver of the second car injured. The Glendola Fire Department and Wall First Aid both responded to the accident. The unidentified driver of the second car was taken to Neptune's Jersey Shore University Medical Center for treatment of injuries, which were not reported to be of such severity that their life was threatened.

What three tests are commonly used for field sobriety tests?

Some readers from New Jersey may be interested in learning more about the Standardized Field Sobriety Test. The SFST is actually a compilation of three separate tests created by the Southern California Research Institute and sponsored by the National Highway Traffic Safety Administration. The compilation includes the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg-stand test. All three are intended to aid police officers in detecting someone who has been driving while intoxicated.

Someone who is under the influence of alcohol may be unable to visually track a moving object in some circumstances. The HGN test scrutinizes whether or not the eye jerks and if the jerking occurs at a predetermined angle. If these symptoms are present in sufficient quantity in one or both eyes, it is considered likely that the subject's blood alcohol content will be above the legal limit.

New Jersey man charged with DWI

A New Jersey man accused of driving while intoxicated was taken into police custody on Nov. 3. The incident occurred after the authorities allegedly observed the man attempting to make a right-hand turn, only to end up in the oncoming lanes of Center Street in Garwood.

An officer then allegedly saw the man swerve back into the eastbound lanes of North Avenue before taking off at what was believed to be high rate of speed. The officer tried to pull the vehicle over but reported that the driver refused to stop. With the help of two other officers, authorities were able to stop the man on Second Avenue. It was discovered that the driver had three passengers with him, though they were all eventually released.

Understanding sexual assault in New Jersey

New Jersey residents may benefit from learning more about the state laws against sexual assault crimes. Sexual assault is considered a crime of the second degree. Several scenarios exist where someone may be accused, charged and convicted of sexual assault. Anyone may be convicted of sexual assault if they are proven to have made sexual contact with a victim at least four years younger and under the age of 13.

It is also considered sexual assault for anyone to commit the act of penetration against a victim using coercion or force, without injury, or against a victim who is under his or her direct disciplinary control, such as a parolee or a detainee in a prison or hospital. If the victim is 16 to 18 years old and is related by blood, under an alleged perpetrator's direct disciplinary control or if the offender lives in the household and possess parental responsibilities, it may be considered sexual assault as well.

Information relating to juvenile crime in New Jersey

In New Jersey, the courts define a juvenile as an individual who is under the age of 18. When juveniles are accused of committing a criminal act, they are typically tried in a juvenile court. This court focuses on resolving juvenile delinquency cases in such a way that promotes rehabilitation and greater accountability. Moreover, each case is heard and handled on an individual basis.

While complaints against a child are typically filed by police, school officials may file complaints and, in some cases, probation officers may bring matters to the court's attention. Depending on the nature of the offense, accused juveniles may be taken into custody at a juvenile detention center or left in their parents' care. Individuals deemed to pose a potential threat to society or who have a prior criminal record are typically taken into custody.

New Jersey man charged with DWI after fatal NJ Turnpike crash

Prosecutors in New Jersey say that a 24-year-old man was intoxicated when he was involved in a fatal collision in the early morning hours of Oct. 19. The North Plainfield resident was charged with driving while intoxicated and death by auto. The accident occurred in the southbound lanes of the New Jersey Turnpike shortly after 4 a.m.

According to a police report, the man struck the rear of a tractor-trailer near mile marker 93.5. Emergency services personnel quickly arrived at the scene, but the man's 25-year-old passenger was pronounced dead at about 4:40 a.m. Blunt force trauma was given as the cause of the man's death by the Middlesex County Medical Examiner. The driver of the sedan was also injured in the crash, and he was transported to a medical facility in Old Bridge Township for treatment.

New Jersey DUI penalties

New Jersey law provides for some rather severe penalties for those convicted of DUI, even if the person is a first-time offender in that area. It is important for many people to understand the potential consequences they face if they drive while under the influence of alcohol or drugs.

The legal limit for driving under the influence in the state is .08 percent. People whose blood alcohol content falls between .08 and .10 percent face losing their license for three months, spending up to 30 days in jail, attending 12-48 hours of alcohol education and treatment classes. Individuals can also face a fine up to $400, other fees and a surcharge of $1,000 a year for three years. People with a BAC of more than .10 percent may lose their license for seven months to one year and their fine will be increased. For those with a very high BAC above .15 percent, they'll additionally have a court-ordered interlock ignition device installed in their vehicle for up to one year.

Penalties faced by DUI defendants

Someone who has been accused of DUI in New Jersey may face a variety of penalties, including license suspension and imprisonment. The precise penalties the accused can expect to face typically vary with respect to the individual circumstances of the case. A defendant's history of past DUI offenses, where he or she was driving at the time of being taken into custody and how the initial investigation was conducted can all play a substantial role in penalty imposition.

For example, a DUI charge is considered aggravated if it occurs within a school zone. Whereas DUI Third Offense outside a school zone can result in a license suspension of up to 10 years, the period of suspension is doubled for the same offense if it occurs in a school zone. Similarly, someone accused of refusing to submit to chemical testing may expect to face more severe penalties if they do so in a school zone.

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