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December 2014 Archives

Smartphone breath testers could gain in popularity

In our last post, we wrote about how additional drunk driving patrols will be on New Jersey highways throughout the holiday season. At this time of year, not only do drivers have to deal with the elements, it is much more likely that drunk drivers will be on the road. Indeed, law enforcement agencies have a special incentive to keep dangerous drivers off the road, as no one wants to be a holiday accident statistic.

What to expect during Christmas week

A few weeks ago, we wrote on how the Thanksgiving holiday was the gateway to the holiday driving season. Essentially, this meant that additional drunk driving patrols would be showing up across New Jersey highways. With Christmas coming next week, it is expected that people will be taking to the road once again to travel.

What is 'actual physical control' and why does it matter?

As criminal defense attorneys, we have heard our share of drunk driving arrest stories. They range from the close and unfortunate (e.g. “I was right around the corner from my house when they stopped me.”), to the “what were you thinking” variety (e.g. picking up someone from the police station while drunk). Perhaps the most unfortunate drunk driving arrest comes when a person is asleep in a car or is close to their vehicle.

Be careful what you agree to through plea bargains

In most criminal cases, a resolution is reached between the prosecution and the accused through a plea agreement. Essentially, in exchange for a guilty plea, the prosecution will accept a sentence that is less than what is punishable under the law.  In a prior post, we broached the topic of whether the accused should take a plea deal. Basically, the decision centers on whether the accused can deal with the consequences of having an adverse result at trial.

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