New Jersey Injury Lawyers Blog

Driving under the influence (DUI) is a serious offense in New Jersey. While first-timers may be treated a little more leniently, repeat offenders face harsh penalties. Anyone tempted to drive under the influence should know that not all DUI convictions need to occur in this State in order to be considered a repeated offense. If, after reading this, you have questions regarding the DUI laws in New Jersey, in Hunterdon County or another county within New Jersey, contact the lawyers at The Rotolo Law Firm.

A New Jersey Appeals Court earlier this month ruled that a lower court in Bedminster was right when it treated Jeffrey Zeikel as a repeat offender after a December 2009 DUI arrest. Mr. Zeikel pleaded guilty to the charge – his fourth – in June 2010, but argued that he should be considered a first-time offender due to a provision in the State’s DUI law. That provision allows that if more than 10 years pass between a first and second offense, the second incident be treated as a first-time offense. Mr. Zeikel’s last offense before the Bedminster charge occurred in Chatham 16 years earlier. Before that, however, he was convicted twice in New York State, once in 1981 and again only 3 years later in 1984. (1)

At the original hearing in Bedminster Municipal Court, Mr. Zeikel was sentenced to 180 days in prison, received a fine of $1,006 and lost his license for 10 years. (1) Usually first-time offenders would receive jail time of up to 30 days, fines of between $300 and $500, and a license suspension of between 7 and 12 months under New Jersey law. (2)

Mr. Zeikel appealed, claiming that since 16 years passed between the two New Jersey offenses, he should be treated as a first-time offender. A Somerset County Superior Court judge upheld the earlier decision, citing Mr. Zeikel’s earlier convictions. Mr. Zeikel again appealed, stating that his New York State convictions were not “substantially similar” to his latest conviction. The State Appellate Division disagreed and, once again, Mr. Zeikel’s conviction was upheld. (1)

In 1997, New Jersey’s DUI statute was amended. Prior to that, a conviction in another jurisdiction had to be based on blood-alcohol content (BAC) of .10 percent or better in order to be considered in a New Jersey court. The amendment changed things so that prosecutors only had to show the defendant was convicted of violating a law “substantially similar in nature” to New Jersey law, taking the emphasis off of the BAC. The statute was further amended in 2003, lowering the BAC to .08 percent. (1)

The Appellate Division judges found that these amendments applied retroactively to Mr. Zeikel’s case and held that since New Jersey and New York have similar drunk driving laws, Mr. Zeikel’s prior New York convictions could be considered at sentencing in the Bedminster case. (1)

DUI laws vary from state to state and sometimes even within a state. In New Jersey the penalties can vary from offense to offense. (3) If you or someone you know is struggling with the complications of a DUI case, contact the DUI lawyers at The Rotolo Law Firm. The Rotolo Law Firm is located in Lebanon, NJ, close to Clinton and within 10 miles of Flemington, NJ.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202531231816
(2) http://www.nj.gov/mvc/Violations/dui.htm
(3) http://www.drivinglaws.org/legal-advice/dui-dwi/misdemeanor-dui/can-i-jail-time-misdemeanor-dui-conviction

It has been calculated that driving under the influence of drugs or alcohol can cost a driver up to $10,000 in fines, insurance surcharges and related expenses. (1) That cost can skyrocket depending on the severity of a resulting accident.

Last week, a New Jersey jury awarded $3,375,000 to Ernesto Sta Maria's estate; Mr. Sta Maria was killed in an automobile accident in Middletown, NJ, in 2007. Mr. Sta Maria died from injuries suffered after his car was struck by another car driven by Christopher M. Brozyna, an off-duty state trooper whose blood alcohol level registered more than two times the legal limit at the time. (2)

The lawsuit, heard by Superior Court Judge Joseph Rea in New Brunswick, was first filed in April, 2008, and included several bars that presumably served Mr. Brozyna. The jury found Mr. Brozyna responsible for 57% of the amount awarded and split the remaining judgment between two Red Bank businesses – the Dublin House, 33%, and Ashes Cigar Club, 10%. (2)

Fortunately not all accidents are as tragic as this one, but the cost to the driver charged with a DUI can still be significant. The aforementioned $10,000 price tag can apply even when no accident occurs.

National Highway Traffic Safety Administration statistics for 2009 (the last year available), show alcohol was involved in about 32% of fatal automobile accidents – or 10,839 deaths. More than 1.4 million people were arrested on DUI charges that year. (1)

Expenses incurred from a DUI include bail, which ranges from $150 to $2,500 and towing fees, which range from $100 to $1,200. Additionally, drivers face increased insurance premiums for at least three to five years. Insurance can cost customers considered “high risk” an estimated $1,500 more a year than “preferred” customers. (2)

In New Jersey DUI cases, fines for first-time offenders can range between $250 and $500, depending on blood alcohol concentration. In addition, drivers are required to pay fees in excess of $500 to various alcohol-related funds and resource centers. Repeat offenders face fines between $500 and $1,000. All offenders are also hit with a three-year surcharge amounting to $1,000 per year. (3)

DUI charges are serious offenses that shouldn’t be taken lightly. If you or someone you know is involved in or the victim of a DUI-related accident, contact the accident lawyers at The Rotolo Law Firm. The firm is located on Route 22 in Lebanon, NJ, in close proximity to Clinton and Flemington, NJ.

(1) http://money.msn.com/auto-insurance/dui-the-10000-dollar-ride-home.aspx
(2) http://www.mycentraljersey.com/article/20111021/NJNEWS/310210033/Crash-victim-s-estate-awarded-more-than-3M
(3) http://www.state.nj.us/mvc/Violations/dui.htm

Earlier this month the New Jersey Supreme Court issued a divisive ruling that, in effect, allows drivers convicted of driving under the influence to sue the bars that served them. (1)

The split decision (5-2) relates to a 2009 lawsuit filed by Frederick Voss against Tiffany’s Restaurant, Toms River, NJ. According to that suit Mr. Voss, who was driving a motorcycle, was involved in an accident after he had been drinking at the restaurant. Voss, who had a reported blood alcohol level of 0.196, pleaded guilty to driving under the influence. The legal alcohol limit in New Jersey is 0.08. (1)

Although he pleaded guilty to the DUI, Voss sued the owner and driver of the car that hit him, as well as the restaurant for continuing to serve him even though he clearly was intoxicated. An Ocean County Superior Court judge dismissed the actions against the car’s driver and owner citing a 1997 statute that prohibits anyone convicted of drunk driving from suing for damages. The judge, however, allowed the action against the restaurant citing the State’s dram shop laws, which were adopted some ten years earlier. (2)

Dram shop laws (so named from the colonial era practice of serving alcohol by units of liquid measure) state that servers and the owners of establishments that serve alcohol can be held financially responsible for injuries or property damages caused by an intoxicated customer’s action, including drunk driving. (3)

At issue in this case is whether the 1997 statute repeals the older dram shop laws. The majority Supreme Court decision claims it does not, noting that both aim to reduce the incidents of drunk driving.

Under the 1997 statute, injured drunk drivers are denied the right to sue for insurance coverage of their injuries – a measure designed to deter drunk driving under automobile insurance reform. The dram shop laws also act as a deterrent by holding liquor establishments accountable for the actions of their patrons whose judgment may be impaired due to their alcohol consumption. (2)

Two dissenting justices stated that the 1997 statute clearly bans drunk drivers from suing anyone in connection with accidents they may have as a result of their drinking. The majority opinion, however, contends that the 1997 statute pertains only to automobile insurance matters and was not intended to supersede the dram shop laws. (2)

(1) http://www.northjersey.com/news/crime_courts/crime_courts_news/NJ_court_Drunk_driver_can_sue_bar_that_served_him.html
(2) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202495836070&rss=nj&slreturn=1&hbxlogin=1
(3) http://www.alcoholalert.com/drunk-driving-dram-shop.html

Police across the State have stepped up efforts this holiday season to crack down on drunk drivers. Two recent incidents illustrate just how serious the problem can be.

*Amy Locane, a former “Melrose Place” actress and Hopewell, NJ, resident, was indicted recently on charges of killing a Montgomery Township woman and injuring her husband as a result of a motor vehicle accident in which the actress allegedly was driving under the influence. This accident followed an earlier hit-and-run accident in Princeton, NJ, involving the actress. Locane faces a decades-long prison term if convicted. (1)

*A resident of Freehold, NJ, Samuel Perez Ramirez, pleaded guilty to driving while intoxicated in an accident that resulted in the death of his own father, a passenger who was ejected from the vehicle when it struck another car after failing to stop at a stop sign. Ramirez’s blood-alcohol level at the time of the accident was reportedly three times over the legal limit. (2)

Although these accidents occurred in June and May of this yea, respectively, the number of celebrations and office parties during the holiday season traditionally increases the likelihood of people driving under the influence. During last year’s holiday season, 189 people died in New Jersey as the result of 179 alcohol-related accidents, which represents 32% of the 584 fatalities reported in the State during 2009. National statistics show that 10,839 people were killed in alcohol-related highway accidents last year. (3)

To combat this, police departments throughout the State are participating in “Over the Limit, Under Arrest,” a campaign aimed at reducing DWI accidents through public education and increased patrols and sobriety checkpoints. (3)

Despite stiffer penalties, which include a $1,000 surcharge drivers are required to pay to the State for three consecutive years following their convictions, reports show the number of DWI arrests has not decreased significantly. According to a recent report, 27,838 DWI arrests were made last year and, although it was the fewest number of arrests recorded these past 10 years, it represents only a 3% decline from 2008. In fact, the number of DWI arrests has remained fairly steady throughout the past decade, having peaked just short of 30,500 in 2007. (4)

The “Over the Limit, Under Arrest” efforts will run through January 2, 2011.

(1) http://www.nj.com/news/index.ssf/2010/12/melrose_place_actress_is_indic.html

(2) http://www.nj.com/news/index.ssf/2010/12/freehold_man_admits_driving_wh.html

(3) http://www.newjerseynewsroom.com/state/new-jersey-police-launch-holiday-season-drunk-driving-crackdown

(4) http://www.nj.com/news/index.ssf/2010/12/penalties_not_reducing_number.html