NY DWAI May Now Be Considered Prior DWI Conviction in NJ DUI Matters

by Thomas Carroll Blauvelt on 11/10/2011

In State v. Zeikel, A-1495-10T4, the New Jersey Appellate Division ruled that a prior conviction in New York under its DWAI statute, N.Y. Veh. & Traf. Law § 1192(1), better known in New York as “Driving While Ability Impaired”, may act as a sentence enhancement in a subsequent NJ DWI trial.

In Zeikel, the Appellate Division rejected defendant’s argument that the NY DWAI statute is not “substantially similar” to New Jersey’s DWI statute, N.J.S.A. 39:4-50.

However, N.J.S.A. 39:4-50(a)(3) allows a defendant to exclude a prior [NY DWAI] conviction if “the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.”

Therefore the burden still rests on a New Jersey DWI defendant with a prior NY DWAI conviction to prove that their BAC for the prior NY DWAI conviction was in fact clear and convincing evidence of a BAC of less than 0.08% and should be disregarded for sentencing purposes in the new New Jersey DUI matter.

Milltown, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 05/04/2011

Ryders Lane in Milltown, NJ is a short cut for drivers to gain access to Routes 1, 18 and 130 and the NJ Turnpike. All of these roads are heavily trafficked and the site of many Milltown, NJ DWI arrests.

The Milltown, NJ Municipal Court is located at 39 Washington Avenue,
Milltown, NJ 08850. The Hon. Karl Meyertons, J.M.C. is the Milltown, NJ judge. Gregg Rubenstein, Esq. is the Milltown municipal prosecutor.

The Milltown Police Department handles most of the town’s DUI arrests. Defendants are required to submit to an Alcotest or they may face the additional charge of Refusing to Submit to a breath test. Blood or urine testing may be requested in Milltown driving while under the influence of marijuana or CDS cases.

The Milltown Court also hears many speeding ticket cases, as well as reckless driving offenses, driving while suspended allegations, leaving the scene of an accident, and no liability insurance summonses. Depending on the severity and number of prior offenses, all of these tickets can become serious matters.

Milltown, NJ disorderly persons charges are serious as well. Possession of marijuana, simple assault, shoplifting, domestic violence and CDS paraphernalia are Milltown, NJ misdemeanors. These cases can expose a person to 6 months in jail, $1000 in fines, a license suspension and criminal record.

The Law Offices of Blauvelt & Vecchio, LLC are available to assist you with all of your Milltown, NJ DWI arrest questions. We are here 24/7 to answer all of your questions surrounding a recent Milltown DUI or criminal arrest, ticket or police questioning.

Jamesburg, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 05/03/2011

The Jamesburg, NJ Municipal Court is located at 131 Perrineville Road, Jamesburg, New Jersey 08831. The Hon. Edward Herman, P.J.M.C. is the Jamesburg judge. Christopher Rafano, Esq. is the Jamesburg municipal prosecutor.

Jamesburg is a small town surrounded by the larger town of Monroe, NJ. Both towns are very close to the NJ Turnpike which accounts for many DWI arrests in the Jamesburg area. The NJ State Police handles the DUI matters from the Turnpike. The Jamesburg Police Department is responsible for the drunk driving complaints which stem from the local roadways.

Jamesburg driving while intoxicated cases that are heard in the municipal court may involve CDS influence, psycho-physical testing, DRE evaluations, Alcotest results, and/or blood or urine testing. Many Jamesburg driving while under the influence cases may also rely on video and audio police evidence.

The Jamesburg Court also hears many speeding ticket matters, which may be accompanied by reckless driving charges, driving while suspended offenses, tailgating, careless driving, and driving without insurance. These are all serious tickets which could result in NJMVC points, fines, a suspended license and jail.

The Jamesburg Municipal Court also has jurisdiction over marijuana possession cases, CDS paraphernalia matters, theft charges, domestic violence complaints, and simple assault arrests. These types of cases are disorderly persons matters which carry penalties of up to $1,000 in fines, 6 months in jail, probation, community service, suspended license and a criminal record.

If you or someone you know needs a Jamesburg DWI lawyer, contact the Law Offices of Blauvelt & Vecchio, LLC. Mr. Blauvelt and Mr. Vecchio have a combined 21 years of practicing NJ and NY criminal and DUI law and are available to personally answer your calls 24/7.

Carteret, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/22/2011

Carteret, NJ is a densely populated town that is nestled between the Raritan Bay and New Jersey Turnpike. The town is both industrial and residential, with more recent development of condo and townhome communities. The town was named after Lord Philip Carteret, who was a former British governor of New Jersey in the late 1600s.

The Carteret Municipal Court is located at 230 Roosevelt Avenue, Carteret, NJ 07008. The Hon. Allen Comba, P.J.M.C. is the presiding Carteret judge. The Carteret prosecutors are Thomas Downs, IV, Esq., Kenneth Lebrato, Esq., and William Feingold, Esq.

Given its proximity to the turnpike, the Carteret Court hears many DWI matters. The New Jersey State Police patrol the NJ Turnpike and handle most of the Carteret DUI arrests that occur on that roadway. The Carteret Police Department will typically make drunk driving arrests that occur on the town’s local roads.

Most Carteret driving while intoxicated offenses will employ the use of an Alcotest machine. This device is used to measure the blood alcohol content of a person’s breath to determine if they were in fact driving while intoxicated. However, the Carteret, NJ Municipal Court will also hear cases for people accused of driving while under the influence of marijuana, CDS, or prescription medication. These cases will usually involve blood or urine testing and a DRE, or drug recognition evaluation.

Carteret’s many busy highways lead to speeding tickets, reckless driving charges, driving while suspended offenses, and leaving the scene of an accident allegations. These traffic offenses are serious and carry with them the potential of a loss of license, NJMVC points, jail and high fines.

The Carteret Court will also hear many disorderly persons charges for shoplifting, drugs possession, CDS paraphernalia, simple assault, domestic violence, and theft. Disorderly persons offenses carry up to 6 months in jail, $1,000 fines, community service, probation, and a criminal record for at least 5 years.

Whether you are facing a Carteret DUI, traffic offense, or disorderly persons arrest, you need to contact an experienced lawyer at once. The Law Offices of Thomas Carroll Blauvelt, LLC frequently appears in the Carteret Municipal Court for all types of matters. Mr. Blauvelt is an attorney with 18 years experience practicing law in NJ and NY. He is also a former municipal prosecutor and public defender. Call now and speak with a lawyer 24/7 to assist you in your Carteret Court matter.

Boonton Twp., NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/14/2011

The Boonton Township Municipal Court is located at 155 Powerville Road, Boonton, NJ 07005. Boonton Twp., NJ is just off Route 287 and nestled between the towns Boonton and Mountain Lakes. The Boonton Township Court is located below the town hall and the Boonton Twp. Police Department in a residential neighborhood.

The Hon. Arnold H. Miniman, P.J.M.C. is the Boonton Township, NJ Municipal Court judge. Douglas Cabana, Esq. is the Boonton Twp. municipal prosecutor.

Boonton Twp. DWI arrests on local roads are handled by the local law enforcement officials. DUI arrests that occur on Route 287 in Boonton Township are typically overseen by the New Jersey State Police.

Driving while intoxicated offenses involving alcohol consumption will usually rely on a defendant’s observations, admissions, physical and psychological testing, and breath samples. Driving under the influence of marijuana or other drugs may involve the use of drug recognition evaluations, and blood or urine testing as well. NJ only makes subtle distinctions for drunk driving due to alcohol or CDS.

The Boonton Township, NJ Court handles mostly speeding tickets that occur on the residential roads. These cases many times include an additional summons for reckless driving, suspended license, tailgating, no insurance, and leaving the scene of an accident. These tickets may result in NJMVC points, loss of driving privilege and fines.

Boonton Township, NJ Municipal Court also hears disorderly persons offenses involving theft, drug paraphernalia possession, domestic violence, harassment. These offenses may result in a suspended license, criminal record, jail, fines, probation and/or community service.

If you are in need of a Boonton Twp., NJ attorney, feel free to contact the Law Offices of Thomas Carroll Blauvelt, LLC. Mr. Blauvelt has 18 years experience as a defense lawyer in NJ and NY. He is also a former NJ municipal prosecutor and public defender whose office is available 24/7 to answer all of your legal questions.

Aberdeen, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/13/2011

The Aberdeen, NJ Municipal Court is located at 1 Aberdeen Square, Aberdeen, NJ 07747. The court’s building is located in the same complex as the Aberdeen Police Department and around the corner from the Rescue Squad. The Hon. Scott Basen, J.M.C. is the Aberdeen municipal judge. Patrick Healey, Esq. is the Aberdeen municipal prosecutor.

Aberdeen, NJ is located at the northern part of Monmouth County where it borders with Old Bridge, NJ and Middlesex County. Some consider Aberdeen a gateway to the New Jersey shore. The town’s proximity to the Garden State Parkway gives rise to a heavy volume of speeding tickets, reckless driving offenses, tailgating charges, and driving while suspended allegations heard in the Aberdeen Court. Aberdeen DWI cases are also heard in this court.

Both the local law enforcement and the New Jersey State Police are responsible for making Aberdeen DUI arrests. Typical drunk driving defendants will be administered standard field sobriety tests and 2 Alcotest samples as part of the case against them. Other Aberdeen driving while intoxicated matters may include driving under the influence of marijuana or other drugs. These cases may involve blood or urine testing along with a drug recognition evaluation or DRE.

Lastly, the Aberdeen Municipal Court will also hear shoplifting cases, simple assault charges from domestic violence incidents, theft accusations, and CDS and paraphernalia complaints. These Aberdeen disorderly persons charges will leave a defendant with a criminal record for a minimum of 5 years, as well as expose them to jail, fines and in some cases, a 6 month suspension of their license.

Given the penalties of many of the Aberdeen Court offenses, it is very important to retain an experienced defense attorney to represent your interests and answer all of your questions. At the Law Offices of Thomas Carroll Blauvelt, LLC, your questions will be answered by a former NJ municipal prosecutor and public defender with over 18 years experience. Feel free to call on our office 24/7 and speak with a lawyer now.

Perth Amboy, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/12/2011

The Perth Amboy Municipal Court is now located on the second floor of the new city complex located at 365 New Brunswick Avenue, Perth Amboy, NJ 08861. The former Perth Amboy Court was located on the second floor of an old building on Fayette Street across town.

There are three judges who hear cases at the Perth Amboy, NJ Municipal Court. They are the Hon. George M. Boyd, P.J.M.C., Hon. Emery Z. Toth, J.M.C., and Hon. Maria DelValle-Koch, J.M.C. John Cassese, Esq. and David Spevak, Esq. are the Perth Amboy municipal prosecutors.

Perth Amboy’s court is very busy due to the fact that it is in a small city that is next to a major city and situated right next to a highway. Staten Island, NYC is right next door and over the Outerbridge Crossing. Route 440 connects Staten Island to Perth Amboy.

Many DWI arrests take place on Route 440 in Perth Amboy. The Port Authority of NY and NJ Police Department make many of these DUI arrests for drivers coming off the Outerbridge Crossing. The Perth Amboy Police Department and New Jersey State Police also make driving while intoxicated arrests in the city as well.

The Perth Amboy Court will also hear many disorderly persons complaints for drug possession, CDS paraphernalia, simple assault, theft, shoplifting and harassment. Indictable offenses, or felonies, that are remanded by the Middlesex County Superior Court will be sent back to the Perth Amboy Municipal Court if the charges arose within the city limits. Perth Amboy disorderly persons offenses carry up to 6 months in jail, fines, community, service, probabtion, loss of license, and a criminal case history ["record"] for a minimum of 5 years.

Given that commuters to NYC cut through Perth Amboy two times a day, the city’s municipal court handles a steady volume of speeding tickets, driving with no insurance charges, suspended license offenses, reckless driving, tailgating, and leaving the scene of an accident allgeations. These are all serious traffic tickets which could result in a Perth Amboy judge suspending one’s NJ driving privilege, assessing high fines, and sentencing a driver to jail. The NJMVC will later assess license points for NJ drivers.

If you need to appear in the Perth Amboy court after a criminal arrest, drunk driving charge, or a serious traffic offense, please call the Law Offices of Thomas Carroll Blauvelt, LLC. Mr. Blauvelt is licensed to practice law in NJ and NY. He has worked as a prosecutor, public defender, and private defense attorney for over 18 years. His office is available to answer your questions 24/7.

Monroe, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/11/2011

The Monroe, NJ Municipal Court is located at 1 Municipal Plaza, Monroe, NJ 08831. The Hon. George M. Boyd is the presiding Monroe, NJ Court judge. Bernard H. Shihar, Esq. is the Monroe, NJ municipal prosecutor.

Monroe, NJ is just off the New Jersey Turnpike at the most southern area of Middlesex County. The New Jersey State Police patrol the Turnpike areas and is responsible for many Monroe DWI arrests in that location. The local Monroe Police Department patrol the other areas of the town which include single family houses, town homes and patio homes for 55+ age restricted communities. Monroe High School recently underwent a major expansion to account for the growing population there.

Monroe DUI arrests will eventually be prosecuted in the Monroe Municipal Court. The Monroe Court will also hear speeding tickets, tailgating, reckless driving, and driving while suspended cases. Many Monroe drunk driving arrests will be accompanied by one or more of the above summonses as a predicate for the police stop of a motor vehicle.

Other Monroe, NJ driving while intoxicated matters may include an arrest for marijuana or drug paraphernalia possession. Monroe, NJ CDS charges are disorderly persons offenses that carry with them a loss of license, jail, and criminal record. A Monroe driving while under the influence of drugs matter may involve blood or urine testing and a DRE report as well.

The Monroe Municipal Court will also hear complaints for shoplifting, simple assault, theft and harassment. These complaints are also disorderly persons offenses with the same penalties mentioned above.

If you or someone you know was arrested in Monroe, NJ for DWI, drugs possession, or domestic violence, or they received serious traffic tickets, feel free to contact the Law Office of Thomas Carroll Blauvelt, LLC. Mr. Blauvelt is a former municipal prosecutor with 18 years experience as an attorney. Let his experience work for you by calling him 24/7.

Kenilworth, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/08/2011

The Hon. Thomas A. Vitale, P.J.M.C. is the Kenilworth, NJ Municipal Court judge. Jon-Henry Barr, Esq. is the Kenilworth municipal prosecutor. The Kenilworth Court is located downtown at 567 Boulevard, Kenilworth, NJ 07033.

The Kenilworth Municipal Court handles a heavy amount of speeding tickets given the 25 m.p.h. speed limit on the downtown Boulevard. The Kenilworth Police Department are responsbile for issuing the majority of the town’s traffic violations such as driving while suspended, leaving the scene of an accident, reckless driving, and no motor vehicle insurance. These Kenilworth traffic offenses can carry sentences resulting in NJMVC points, insurance eligibility points, fines, suspended license, and jail in some circumstances.

Kenilworth DWI offenses may occur on local roads and highways. Route 22 and the Garden State Parkway both border Kenilworth and are regularly patrolled for DUI offenders. The New Jersey State Police is more likely to make Kenilworth driving while under the influence arrests on the GSP. Local law enforcement will account for the in town Kenilworth driving while intoxicated arrests.

Most Kenilworth drunk driving defendants will submit to an Alcotest to measure their blood alcohol concentration or “BAC”. Such defendants will usually perform standard field sobriety tests or “SFSTs” as well. Those suspected of driving under the influence of marijuana in Kenilworth may also be subjected to a drug recognition evaluation “DRE” and/or blood or urine tests.

The Kenilworth Court will also hear shoplifting cases, drugs and paraphernalia possession matters, simple assaults, domestic violence, and driving while under the influence with a minor in the car. These Kenilworth disorderly persons offenses can carry penalties including jail, loss of license, probation, community service, fines, and a criminal record.

If you need to discuss your Kenilworth Municipal Court matter with an experienced attorney, contact the Law Offices of Thomas Carroll Blauvelt, LLC today. Mr. Blauvelt is a former NJ municipal prosecutor, public defender, and admitted to the NY and NJ bars. Feel free to contact him 24/7 to discuss your Kenilworth legal matter.

Flemington, NJ DUI Lawyer

by Thomas Carroll Blauvelt on 04/07/2011

Flemington, NJ is the Hunterdon County seat. Highways 202, 31 and 12 all intersect through Flemington by way of a series of traffic circles. The Flemington highways are dotted with big box stores, eating establishments, strip malls and outlet centers. Flemington weekend traffic is congested due to the heavy commercial presence there. Downtown Flemington’s traffic runs at a much slower, local pace notwithstanding additional retail and restaurant options there as well.

The Flemington Municipal Court is located at 1 Municipal Drive, Flemington, NJ 08822. The Hon. Judge John Petronko, J.M.C. sits at the Flemington Court. Robert A. Ballard, Jr., Esq. is the Flemington municipal prosecutor. The Flemington Municipal Court should not be confused with the Superior Court of New Jersey, Hunterdon County, which is also located in Flemington.

Flemington is bordered by the Amwells, Readington, Three Bridges and Raritan Township. The Flemington Police Department patrols the town. The New Jersey State Police patrols some of the Flemington highways. Both local and state law enforcement may issue Flemington DWI complaints.

The Flemington Court will hear DUI matters during its regular court sessions. Many of the Flemington driving under the influence cases involve the use of an Alcotest device or include a complaint for Refusal to Submit to same. Other Flemington drunk driving matters where marijuana or CDS is involved may employ a DRE analysis and blood or urine lab test results.

The Flemington Municipal Court will also hear cases involvng speeding tickets, reckless driving, suspended licenses, no insurance, and leaving the scene of an accident. In view of the many retail shopping options in Flemington, the court will also hear its fair share of shoplifting charges. Other Flemington disorderly persons offenses include drug possession, CDS paraphernalia possession, assault, domestic violence, and driving while intoxicated with a minor in the vehicle.

Most of the above Flemington Court charges include the penalties of jail, suspended license, NJMVC points, fines and probation or community service. These are serious consequences.

The Law Offices of Thomas Carroll Blauvelt, LLC has 18 years experience as a practicing attorney in NJ and NY. Mr. Blauvelt is a former New Jersey municipal prosecutor who has handled Flemington Municipal Court matters for many years. Feel free to contact him at his office to discuss in confidence your legal options for your Flemington Court matter.

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