• February 14, 2015
  • DWI

If you face a driving under the influence (DUI) charge in New Jersey, you may be concerned about how the arrest will impact your ability to earn a living. For instance, how will you get to work if you lost your driver’s license or if your vehicle was impounded or badly damaged in a crash? Additionally, you may wonder: Should I tell my employer about the arrest? Will I need to tell future employers or potential employers about it? Will a DUI tarnish my reputation as a professional? You should take the following different factors into consideration. A DUI Arrest is Not the Same as a Conviction At the outset, you should remember: A DUI (or DWI) arrest is different from a conviction. A DUI conviction results from a finding or admission of guilt. A DUI charge merely serves as an accusation. You may assert one or more defenses in your DUI case, including: The police lacked reasonable suspicion to stop your vehicle or detain you for sobriety testing. The police failed to properly administer a roadside sobriety test. The police did not watch you for 20 minutes before they administered breath testing to measure your blood alcohol content. The police obtained a statement from you in violation of your Miranda rights. The police used an Alcotest machine that was not in working order. The police and prosecution committed discovery and evidence rule violations. In short: Although you may be arrested for a DUI in New Jersey, you may never be convicted of the offense. The absence of a conviction could impact your employment and your career. Will I Lose My Job because of My DUI? Generally, a DUI arrest is your own business – and nobody else’s business. You could choose to keep your arrest as a private matter and refrain from discussing the matter with your employer. However, under some circumstances, disclosure of the DUI arrest may be advisable – if not required. You should find out whether your employer has a company policy about these matters. Some employers state in their employee handbooks or inform you at the time of hiring that you must advise them if you are charged with a DUI or with any other traffic or criminal offense. Military bases and other workplaces where government clearance is required typically have these policies. Additionally, if you must drive for work or use a company car, you may encounter this type of policy. Many companies simply want to protect their brand or reputation. They may require their employees to meet high standards of conduct in their personal lives and mandate disclosure of a DUI arrest. If your company has a policy that requires you to give notice of a DUI arrest, then you should comply with it. If you fail to do so, you could expose yourself to being fired or disciplined. In some workplaces, an employer may withhold taking action against you until your case is resolved. Ultimately, if you avoid conviction, a DUI arrest may have no impact on your job at all. Should I Tell My Future Employer about My DUI Arrest? If you apply and interview for a new job, you should disclose your DUI arrest if the potential employer requests such information. Trying to keep the arrest and/or conviction a secret may only haunt you in the long run. For instance, if you fail to disclose the DUI, it could harm the potential employer’s trust and confidence in you. The company may learn about the DUI, anyway, if it conducts background checks of prospective employees. The company may quickly remove you from its list of candidates. Even if you are hired, the employer may learn about the DUI at a later date and fire you for dishonesty – not necessarily because of the DUI. If you must disclose your DUI, or if you voluntarily choose to disclose it, you should be careful about how you discuss the matter. For instance, you may wish to emphasize that you made an error in judgment and learned a valuable lesson from your mistake. You could also discuss the benefits of classes, counseling and treatment. Will a DUI Arrest Impact My Professional Reputation? A DUI arrest can carry a social stigma. Most of us would prefer to keep the matter private while it is in the process of being resolved. However, if your work puts you in the public eye, you may find it difficult to keep the arrest private. For instance, you may work as a doctor, lawyer, teacher, clergy member or politician. Your career may depend, in large part, on your reputation within the community. To minimize the harm from a DUI arrest, you should consider taking a multi-pronged approach that includes immediately seeking counseling for alcohol issues. Depending on the nature of your work, you may wish to work with a public relations firm that can help to manage your reputation in the community, including your reputation online and in social media circles. Additionally, you may have a professional license that could be at risk. You should hire a lawyer to guide you through the process of reporting your arrest and/or conviction and any disciplinary proceeding you may face. Get Help from an Experienced New Jersey DUI Attorney If you have been charged with a DUI in New Jersey, you need experience on your side. Contact Anthony J. Vecchio today to learn more about your legal rights and the steps he can take to pursue the best possible outcome for you.

Read More

A proposed New Jersey DUI law would increase the penalties for drivers stopped for driving under the influence of alcohol or drugs who have a child passenger. The proposal comes from Assembly Law and Public Safety Committee chairman Charles Mainor, who was also a former Jersey City police detective. Mr. Mainor hopes the law, if passed, would increase awareness of traffic accidents that include children in the vehicle. Mr. Mainor shares his concern about “parents (who) drink too much and then get behind the wheel. It happens more than you might guess.” Currently, as the article says that when a parent or guardian is convicted of drunken driving with a child passenger, that person is “guilty of a disorderly persons offense punishable by a thousand dollar fine and up to six months in jail.” The new law would see fines increased to up to $15,000 and imprisonment jump up to 5 years. So, why not push for laws that increase fines and jail times across the board? Why pick this one subset of the DUI offenses? The short answer: the public’s support for causes protecting children from harm is typically free from controversy and enjoys good legislative backing. The thinking goes, if this law can help more kids from being injured in traffic accidents then who could deny its value? But if the question of “why” has more to do with the state’s authority to impose stronger penalties, then that answer is a little longer. The long answer: The state’s authority to impose criminal penalties is based on the federal and state’s police power. Through the 10th Amendment, the states have vested powers to regulate the “promotion and maintenance of the health, safety, morals, and general welfare of the public,” (from Encyclopedia Britannica definition). When lawmakers enact rules that would take an individual’s property or freedom, including fines and jail time, the authority to do so comes from the overt intent to protect society. In this way, penalties such as assessing higher fines and jail times for parents who drive intoxicated with their kids in the car, makes sense for the reasons stated in the “short answer” above. If you are facing a DUI or other criminal charge, an experienced criminal defense attorney presents evidence of the facts from the same perspective of preserving the good of society. That is why DUI attorneys spend time discussing all aspects of a person’s life, not just what happened in one moment in time. We are here to speak with you about any criminal charge you may face.

Read More

Driving without a license is a serious offense in New Jersey. Regardless of the circumstances and whether you are the one driving without a license or have allowed an unlicensed person to drive your vehicle, you could be subject to harsh penalties under the state’s traffic violation laws. Fortunately, attorney Anthony J. Vecchio has extensive experience in dealing with these types of charges. If you or a family member is facing an unlicensed driving charge, we can provide the aggressive legal representation you need to protect your rights and avoid or minimize the potential fines and jail sentence you are facing. Driving Is a ‘Privilege’ in New Jersey Driver’s licenses are issued and renewed through the New Jersey Motor Vehicle Commission, which treats having the ability to drive as being a privilege rather than as a right. If you fail to follow the procedures for obtaining a license properly, or if you engage in certain types of driving behaviors such as speeding, reckless driving, driving while impaired by alcoholor drugs, you can have your driving privilege suspended or revoked. If you are caught driving without a valid license, you can be subject to serious penalties. If you allow an unlicensed driver to use your vehicle, you could be fined and ticketed as well, jeopardizing your own driving privileges. NJ Penalties for Driving Without a License Under New Jersey motor vehicle law — specifically N.J.S.A. 39:3-37.1 – drivers may face the following fines and penalties for driving unlicensed or for allowing an unlicensed person to drive: Violation Statute Potential Penalties Driving without a license NJ (no prior license) 39:3-10 Fines up to $500 Imprisonment up to 60 days. Ineligible for license for 180 days. Driving without a license NJ (with proof of prior license) 39:3-10 Fines up to $500. Imprisonment up to 60 days. Violating restriction on conditional license NJ 39:3-11 Fine up to $100. Imprisonment up to 30 days. Lending driver’s license NJ 39:3-37.1(a) Fines up to $500. Allowing unlicensed driver to drive NJ 39:3-37.1(b) Fines up to $500. In addition to the state penalties for allowing an unlicensed driver to drive in New Jersey, you could also be held liable for any injuries or property damages in the event an accident occurs – either through claims made against your insurance company or through a personal injury lawsuit. Allow an Experienced NJ Criminal Defense Lawyer to Help You If you have been charged with driving without a license or with allowing an unlicensed person to drive your vehicle, contact the Law Offices of Anthony J. Vecchio, LLC. Attorney Anthony J. Vecchio has the experience you need to assist you in pursuing the best possible results in your case. We believe that our client testimonials speak volumes about the level of trust we build with each client as well as the hard work we put into seeking the best possible outcome for our clients. Call or connect with our office online today to discuss the details of your particular case.

Read More
super lawyers rising star

Our law firm is pleased to announce that attorney Anthony J. Vecchio has been named a Super Lawyers Rising Star for the fifth consecutive year for his work in the area of New Jersey criminal defense law. You can read Anthony’s Rising Star profile by going to the Super Lawyers website. An attorney is chosen to the Rising Stars list based on a multiphase selection process that starts with the attorney being nominated by his or her peers. A candidate is then evaluated through third-party research that examines 12 indicators of peer recognition and professional achievement. Finally, the candidate’s selection is reviewed by a highly credentialed panel of attorneys. Only 2.5 percent of the lawyers in a state are named to the Rising Stars list. An Experienced Criminal Defense Attorney Anthony is a graduate of the Rutgers University School of Law in Camden who has dedicated his entire career as a lawyer to protecting the rights of those accused of crimes and serious traffic offenses in New Jersey, including DUI / DWI charges. He is licensed to practice in the state courts of New Jersey and New York as well as the U.S. District Court for the District of New Jersey. He has handled more than 1,000 combined criminal, municipal court and appellate cases, giving him the skills and experience that are necessary to defend against a wide range of adult and juvenile charges. Over the course of his career, he has helped many clients who were facing an extensive prison sentence or a prolonged driver’s license suspension. Please see his Case Results for examples of criminal defense matters he has handled. As Anthony states in his profile on our website, “I am passionate about providing personalized, thorough and effective representation to individuals in crisis.” His clients have expressed their appreciation through testimonials that can be found at our website as well as on Avvo.com, where Anthony has received a “10/10 – Superb” rating. Mr. Vecchio was very thorough and efficient,” one client wrote on Avvo.com in an October 2015 review. “His team was accommodating, and the ultimate outcome was better than expected. Mr. Vecchio kept me up to date with every detail via e-mails and text messages. An all-around good guy and family man. In addition to being honored as Super Lawyers Rising Star, Anthony also was named to the National Trial Lawyers Top 100 Trial Lawyers, 2013 list. Anthony is also highly active in the legal community as a member of several organizations, including the New Jersey State Bar Association and New York State Bar Association, New Jersey Association of Criminal Defense Lawyers, New Jersey Association for Justice and American Bar Association. Anthony works with clients from several offices located throughout New Jersey, including Freehold, Mt. Laurel, Jersey City, Woodbridge, Princeton and Red Bank. Those interested in discussing their case with him must arrange for an appointment at each location. However, they can feel free to call him “24/7” for immediate legal assistance or submit our firm’s convenient online form.

Read More

New Jersey Conspiracy Charges Conspiracy and Drug Charges in New Jersey often go hand in hand. This is especially so in the context of CDS prescription pill fraud. A common fact pattern includes when one person drops off a script at a pharmacy and another goes in to pick it up. If you have been charged with Conspiracy in NJ, call now to speak with an experienced NJ drug charge defense lawyer. New Jersey Conspiracy Law NJSA 2C:5-2. Conspiracy a. Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he: Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime. b. Scope of conspiratorial relationship. If a person guilty of conspiracy, as defined by subsection a. of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime. c. Conspiracy with multiple objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. It shall not be a defense to a charge under this section that one or more of the objectives of the conspiracy was not criminal; provided that one or more of its objectives or the means of promoting or facilitating an objective of the conspiracy is criminal. d. Overt act. No person may be convicted of conspiracy to commit a crime other than a crime of the first or second degree or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog as defined in chapter 35 of this title, unless an overt act in pursuance of such conspiracy is proved to have been done by him or by a person with whom he conspired. e. Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of the evidence that he, after conspiring to commit a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted or caused to be thwarted the commission of any offense in furtherance of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of criminal purpose as defined in … d.; provided, however, that an attempt as defined in NJSA 2C:5-1 shall shall not be considered an offense for purposes of renunciation under this subsection. f. Duration of conspiracy. For the purpose of: Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and Such abandonment is presumed with respect to a crime other than one of the first or second degree if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein. g. Leader of organized crime. A person is a leader of organized crime if he purposefully conspires with others as an organizer, supervisor, manager or financier to commit a continuing series of crimes which constitute a pattern of racketeering activity under the provisions o NJSA 2C:41-1f, provided, however, that notwithstanding 2C:1-8(2), a conviction of leader of organized crime shall not merge with the conviction of any other crime which constitutes racketeering activity under…. As used in this section, “financier” means a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.

Read More
  • September 04, 2014
  • DWI

Being pulled over and placed under arrest for a suspected DUI (driving under the influence) or impaired driving charge can be an extremely embarrassing experience, particularly when you are arrested in front of family or friends. If you have been arrested for DUI in New Jersey, you may be feeling humiliated, ashamed or frightened about what comes next. Rest assured, you do not have to go it alone. We understand what you are going through. Our firm is committed to providing clients like you with the legal support and counsel that you need in this legal situation. It is our job to help you fight for your rights and do whatever we can to assist you in seeking a favorable outcome in your case. That’s a responsibility we take seriously. Keep in mind that DUI arrests can happen to anyone. It does not matter whether you are rich or poor, own an expensive SUV or a high-mileage beater car, have a Ph.D. or never finished high school. The law applies to all of us equally. Any driver can be arrested for and charged with DUI if they are found to be operating a vehicle while impaired or under the influence of alcohol, drugs or other illegal substances. In some instances, all it may take is a few drinks in a social setting or a prescription medication to put your BAC (blood alcohol concentration) over the legal limit. Potential DUI Penalties in New Jersey DUI is a serious offense. Whenever a driver is found to have a BAC of 0.08 percent or more, it is very likely he or she will be placed under arrest and charged with DUI. Individuals who are convicted of DUI in New Jersey can face heavy penalties, including but not limited to: Fines, fees and surcharges; Driver’s license suspension; Installation of an ignition interlock device (IID); Jail time; and Community service. Drivers with a BAC between 0.08 and 0.10, or with a BAC of 0.10 percent or higher, as well as repeat offenders, will face mandatory fines and penalties upon conviction. These penalties may include: Loss of driving privileges Fines up to $1,000 Mandatory surcharges Required contributions to the drunk driving fund, Alcohol Education and Rehabilitation Fund, and Neighborhood Services Fund Up to 180 days in jail Up to 90 days of community service Maximum of 48 hours in an Intoxicated Drivers Resource Center (IDRC) program Required installation and use of an IID for up to three years Additional penalties could also be levied if the driver is found with an open container, to have been driving while under a DUI license suspension, or with drugs in his or her possession. What You Should Do If You Are Arrested for DUI As a driver, you need to realize that being arrested for DUI is not the same as being convicted. Even if you fail a field sobriety test, breath test or blood test, those test results do not guarantee a conviction. If you have been arrested for DUI, recognize that you have constitutional rights—and exercise those rights. The law does not require you answer any questions following your arrest, without first speaking with an attorney and making the smart choice to have an attorney present during any questioning. While you may not believe you have done anything wrong, and you want to cooperate with the police, what you say will be used against you in court. Always speak with a lawyer before discussing your situation with law enforcement officials or admitting fault. Let us help you keep your life together following a DUI arrest. Call a skilled attorney from the Law Offices of Anthony J. Vecchio, LLC so we can review your case and advise you of what strategy may allow you to successfully pursue a reduced charge, or a dismissal of the DUI charge. Sources: State of New Jersey Motor Vehicle Commission: DUI: Driving Under the Influence

Read More

If you have been denied a NJ firearm Purchaser ID Card or a Permit to Purchase a Handgun, call my office for a free consultation. New Jersey has some of the strictest gun control laws in the country. However, under the United States Constitution, you have the right to own a firearm, plain and simple. The process of obtaining a permit to own or possess a firearm or handgun in New Jersey can be cumbersome. Moreover, local police chiefs, who are responsible for processing such permit applications, frequently violate New Jersey law in denying these applications. You need a gun permit in New Jersey to obtain a firearm. The first step is preparing your gun permit application and submitting it to your local police department. If you have been denied a permit to purchase or possess a firearm/handgun, contact a New Jersey gun appeal lawyer. Our Legislature has expressed the baseline presumption that all New Jersey residents are eligible to apply for and receive a New Jersey FPIC unless they meet one of the specifically enumerated disqualifying criteria. In re Boyadjian, 362 N.J. Super. 463 (App. Div.) cert. denied, 178 N.J. 250 (2003). The existence of good cause for denial of a resident’s application for a Firearm Permit Identification Card (FPIC) and Permit to Purchase a Handgun (PPH) must represent a burden to be carried by the local Police Chief, and to be established by a fair preponderance of the evidence. Weston v. State, 60 N.J. 36, 46 (N.J. 1972). In evaluating the facts presented by the Chief, and the reasons given for rejection of the application, the reviewing court should give appropriate consideration to the Chief’s investigative experience and to any expertise he appears to have developed in administering the statute. The governing statute, N.J.S.A. 2C:58-3 provides, in pertinent part: No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued: To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991,c.261(C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense; To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard; To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card; To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun; To any person where the issuance would not be in the interest of the public health, safety or welfare; To any person who is subject to a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm; To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C:2C:43-7.2); or To any person whose firearm is seized pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned. The broad, catchall provision in section (5) was designed to prevent firearms from coming into the hands of persons likely to pose a danger to the public. Hoffman v. Union County Prosecutor, 240 N.J. Super. 206, 211 (Law Div. 1990). This portion of the statute allows courts to review criminal charges and complaints that were ultimately dismissed or otherwise similarly disposed of, but the State bears the burden of proving that the Appellant poses a continued public or personal danger. In re Osworth, 365 N.J. Super. 72, 77-79 (App. Div. 2003). The sole issue in fitness is an applicant’s current qualification to possess a firearm; the past may only be inquired about to the extent that it reasonably relates to an applicant’s present fitness. Application of Marvin, 53 N.J. 147, 156-57 (1969) citing Schware v. Board of Bar Examiners, 353 U.S. 232, 244-47, 77 S. Ct. 752, 1 L. Ed. 2d 796, 804-06 (1957). Where error in factfinding of a judge is alleged, the scope of appellate review is limited. State v. Locurto, 157 N.J. 463, 470-71 (1999). The court will only decide whether the findings made could reasonably have been reached on “sufficient” or “substantial” credible evidence present in the record, considering the proof as a whole. Ibid. The court gives “due regard” to the ability of the factfinder to judge credibility. Ibid. However, a factfinding court cannot base its decision upon speculation. State v. One Marlin Rifle, 319 N.J. Super. 359, 371 (App. Div. 1999).

Read More
  • September 03, 2014
  • DWI

Probably no other area of the law has as many myths and misconceptions surrounding it than DUI law. If you face a DUI charge in New Jersey, no doubt you have received plenty of “advice” from friends and family. Maybe you have heard rumors about how a DUI is worse than a DWI, or someone has told you that you will get a DUI only if your blood alcohol concentration (BAC) is above the legal limit. At the Law Offices of Anthony J. Vecchio, LLC, you will get straight answers to all your DUI questions. We offer reasonable, flat rates, and attorney Anthony J. Vecchio has both prosecuted and defended thousands of cases all over New Jersey. You can count on our firm to be here when you need us. What Is a DUI in New Jersey? In short, no difference exists between a DUI and DWI in New Jersey. It is true that, in some states, DWI and DUI are different offenses, and they may include different penalties. However, In New Jersey, “driving while intoxicated” is the same as “driving under the influence.” Since there is no distinction between DUI and DWI in New Jersey, the potential penalties that individuals face are the same no matter what you call it. What Is the Legal Limit in New Jersey? Under N.J.S.A. 39:4-50, you can be convicted of drunk driving even if you are within the “legal limit” for alcohol consumption.  You are presumed to be impaired if your BAC is 0.08 percent or higher. Of course, even below this amount, police and prosecutors can use other evidence to try to convict you. Things like video evidence of you failing your field sobriety test, witness statements or the officer’s own testimony can all be used to try to convince a jury that, despite being below the legal threshold for impairment, you were unfit to operate a motor vehicle as a result of alcohol consumption. For those who are under 21, the legal limit is just 0.01 percent. In other words, New Jersey has a “zero-tolerance policy” for underage drinking and driving. For those with commercial drivers’ licenses (CDL), the legal limit is just 0.04 percent. What Are the Penalties for DUI and DWI in New Jersey? For a first DWI offense, you could face all of the following: Up to 30 days in jail Between $250 and $500 in fines Three months to a year of license suspension An interlock device to operate your vehicle. For a second offense, things become much more serious, as you could now face: Up to 90 days in jail Between $500 and $1,000 in fines Up to two years of license suspension An interlock device to operate your vehicle. Finally, for third and subsequent offenses, you could face the following: Up to 180 days in jail $1,000 fine Up to 10 years without a license. Other Consequences of DUI/DWI in New Jersey For those with college, military or other career aspirations, a DWI can be a very serious offense. It can mean the loss of scholarships, college admissions, athletic opportunities and even denial of military applications. Many employers will fire a person for getting a DWI, especially if driving is any part of the job or if getting to and from work is going to be more difficult due to a lack of transportation. For these reasons, it is wise to fight hard to avoid a DWI conviction. Even if you think you have no options, and you have to take a deal, it is still best to talk to an attorney before accepting any plea agreement. How Plea Agreements Work in DWI/DUI Cases in New Jersey Once you are charged with DWI in New Jersey, you will be “booked” and processed. This means your photo and fingerprints will be taken. A judge will then set a trial date. Next, you will go through the process of figuring out whether you and the State of New Jersey can agree on an outcome, or if the matter must proceed to a trial. When you represent yourself, the State has all the leverage. The State has the evidence, the witnesses and the legal knowledge. However, when you hire an experienced DWI defense attorney, you can level the playing field. If you hire Anthony J. Vecchio, he will get to work demanding all of the State’s evidence.  You have a right to review the evidence against you in advance of trial to look for weaknesses. If you and Anthony can show the prosecutor that the case is weak, you may be able to use that leverage to negotiate a plea agreement. Here are some examples of things that could help you to get a better deal or even an outright dismissal in some situations: The police had no reasonable suspicion or probable cause for the stop. The police officer improperly used race as a reason for making the stop. The police mishandled evidence. The police failed to give a proper Miranda warning. Th police continued questioning you after you exercised your right to counsel. The breath or blood exams were defective. The police used excessive force or police brutality. Get Help from a New Jersey Criminal Defense Lawyer Today When you face serious criminal charges, you need serious representation. And make no mistake: A DWI/DUI is a serious offense. The impact of a conviction could last a lifetime. You really cannot afford to simply sit by and watch as someone else makes decisions about your entire future. Take control of your life and your case. Contact the Law Offices of Anthony J. Vecchio, LLC today. We make the process of hiring a criminal defense lawyer straightforward and uncomplicated. We have offices throughout New Jersey, and we even offer free consultations. So, don’t delay, and don’t speak to police or prosecutors until you have talked to an attorney of your own.

Read More

New police cars purchased by New Jersey police departments would be required to have cameras installed if Governor Christie signs the law, which was passed overwhelmingly by both chambers of the legislature. Governor Christie has the option to veto the bill. The bill would have become law without a veto by August 11, but a clause in the state constitution allows the Governor to wait to act on the bill during temporary adjournment. Governor Christie had not yet acted on the bill at the time of this writing. Assemblyman Paul Moriarty, who was wrongly accused of DUI two years ago, championed the law. Charges were dropped due to video from a camera mounted on the police cruiser. The law was passed previously in January, but failed to become law when Governor Christie failed to act on it by the end of the legislative session. He hasn’t explained why he allowed the bill to die. Being accused of driving under the influencer (“DUI”) is very serious in New Jersey. Penalties for DUI can include substantial financial consequences, license suspension, installation of ignition interlock devices, jail and community service. Anyone operating a motor vehicle while that person has a blood alcohol concentration of 0.08% or more is considered to be DUI. Fines and fees for DUI can be thousands of dollars. In addition to the financial cost, you could be sentenced to a prison term of up to 30 days. You also could be forced to install an ignition interlock device on your vehicle for a period after your conviction. For a second or third offense within 10 years, your fines and fees could more than double and your jail time could increase to as much as 180 days. If you’ve been accused of driving under the influence in New Jersey you need a tough, experienced DUI attorney on your side. The police have substantial resources and experience behind them, and you deserve the same. Call our office for a consultation to discuss your case.

Read More

In New Jersey, there are a lot of ways to commit a serious traffic violation. Driving faster than the posted speed limit, tailgating, passing a stopped school bus, improper passing, and driving while intoxicated are all offenses that can result in fines and points on your driver’s license in New Jersey. What happens if you’re caught leaving the scene of an accident NJ? Leaving the Scene of an Accident NJ One often-overlooked violation is leaving the scene of a car accident, NJSA 39:4-129. If you are involved in a collision or another type of car accident, you are required by law to remain at the scene of any accident where property damage, injuries, or death occurred until you have exchanged your identifying information with any other parties involved in the accident and if applicable, the police officer attending to the collision. If injury, death, or more than $500 worth of property damaged occurred as a result of the accident, an official police report must be filed. If a police report is not filed, the accident must be reported to the New Jersey Motor Vehicle Commission. Note that leaving the scene of an accident is a much more serious crime than Failure to Report an Accident (NJSA 39:4-130) which only carries a fine. What is the Driver’s Responsibilities After a New Jersey Accident? As a driver involved in a car accident, you are legally required to come to a complete stop as close to the scene of the accident as possible. You are also required to identify yourself to all other parties involved in the accident and the police officer attending to the scene. If there are no other parties present at the scene, you must report the accident to the nearest local law enforcement office, whether that is a municipal, county, or state law enforcement office or leave a conspicuous note with your name and contact information on the vehicle or other property damaged. Leaving the Scene of a Deadly Accident Claiming that you had no knowledge of the damage caused by the accident is not a valid defense as long as you are aware you were in an accident. If the accident resulted in injury, death, or property damage worth $250 or more, it is presumed that you are aware of your accident. If the car was a rental, you are subject to the penalties for leaving the scene of the accident, not the car’s owner. On a moral level, you might also feel a responsibility to ensure the well being of all other individuals involved in the accident. If anybody is in need of immediate medical attention, call 911 to have emergency medical services sent to the scene. By doing this, you could save a life or prevent a serious injury from becoming worse. What are the Consequences of Leaving the Scene of a Crash in New Jersey? You could face criminal penalties pursuant to New Jersey law for leaving the scene of a car accident. These penalties include fines, driver’s license suspension, and even jail time. For leaving the scene of an accident where injury or death occurred, an individual can face fines ranging from $2,500 to $5,000. He or she may also be imprisoned for up to 180 days, but only if the injury or death occurred to a party other than the guilty driver. Individuals who leave the scene of an accident where an injury occurred can also face license suspensions of up to one year for a first-time offense. For a second or subsequent offense, an individual can face a lifetime driver’s license suspension. Leaving the scene of an accident where serious bodily injury occurred is a 3rd degree crime in New Jersey. The law defines serious bodily injury as any injury that results in permanent disfigurement, protracted loss or impairment of function or movement of any bodily organ or member, or substantial risk of death. Drivers convicted of this crime can face prison sentences of up to five years. When an accident only results in vehicle damage, the penalties an individual faces for leaving the scene are lower. He or she can face fines ranging from $200 to $400 and up to one month in jail for a first-time offense. In addition to these penalties, an individual faces a driver’s license suspension of up to six months. For a second or subsequent offense of this type, an individual can face penalties that include a fine of $400 to $600 and a jail sentence of one to three months. An individual found guilty of this offense may also have his or her driver’s license suspended for up to one year. New Jersey Traffic Violation Attorney If you are issued a ticket for any type of traffic violation, whether it is a seemingly minor violation like speeding or a serious offense like driving while intoxicated (DWI), it is important that you work with an experienced traffic violation attorney to understand all of your rights and possible legal options. I am an experienced traffic violation attorney who can answer your questions and advise you about how to proceed with your traffic charge. For legal advice and representation in Freehold and the surrounding areas, contact me at the Law Offices of Anthony J. Vecchio, LLC.

Read More