For most drivers in New Jersey, the legal limit is 0.08%. This refers to a measurement of a personโs blood alcohol concentration, which can be taken in a few different ways, but is most commonly determined with a breath test. If someone reaches 0.08% or exceeds it,...
The Legal Blog Of Sutnick & Sutnick Attorneys at Law
It is possible to challenge a breath test
Just because you failed a breath test, that does not necessarily mean you are going to be convicted of DUI or DWI. It is certainly possible, as the law states that you are guilty if you have a breath test result in excess of 0.08%, which is the legal limit for the...
Can you be charged with DWI below the legal limit?
A night out with friends or a casual dinner with family can quickly turn stressful when flashing lights appear in your rearview mirror. Many people believe that as long as their blood alcohol concentration (BAC) is below 0.08%, theyโre automatically safe from a DWI...
The Constitution protects people from double jeopardy
The United States Constitution offers new protection for people in this country. One of these is a protection against double jeopardy. This is a constitutional protection that prevents a person from being tried twice for the same offense. Protections against double...
Bergen County sobriety stop aheadโare your rights at risk?
Even the most innocent person will admit that a police stop makes them nervous, and that is because uncertainty puts anyone on edge. The flashing lights, uniformed officers and random questions are enough to make anyoneโs palms sweat. The fear of saying the wrong...
The presumption of shoplifting in New Jersey
In New Jersey, concealing unpurchased merchandise of any store is legally presumed to indicate an intent to shoplift. In this context, conceal means there may be some notice of the presence of the merchandise, but itโs not visible through ordinary observation. This is...
Stay off social media until your criminal charges are resolved
Facing criminal charges is an undeniably stressful situation. If youโve recently been arrested, you may be understandably tempted to turn to social media to vent, explain yourself or stay connected to others while your case remains unresolved. Unfortunately, doing so...
Are police allowed to lie during interrogations?
Sitting in an interrogation room is a frightening experience. The situation becomes even more dire when the detective sitting across from you claims they have proof you have committed a crime. How is that possible when you know you are innocent? Police lying during...
How long must people wait to apply for expungement?
A record of a criminal offense can affect a defendant indefinitely. Every time they apply for a new apartment or undergo a background check for a job, the record of their prior criminal offense could affect their opportunities. Criminal records generally have a...
What does it mean to commit a per se DUI offense?
Motorists accused of impairment while driving are at risk of criminal prosecution. The state can pursue driving under the influence (DUI) charges, which some jurisdictions call driving while impaired (DWI) offenses.ย Like every other state in the country, New Jersey...
