• Auto accidents are the leading cause of death in the US for those under 24—40% of those are alcohol-related
• A driver with a BAC of .10 is 7 times more likely to be involved in a fatal accident than a sober person.
• A driver with a BAC of .15 is 25 times more likely to be involved in a fatal accident than a sober person
• There were 459 alcohol-related accident deaths in Pennsylvania in 2010
• In 2010, 14 Bucks County residents were killed as the result of a drunk driver, and countless others were injured

For more reasons why drunk driving leads to fatal accidents, read our new article.

If a loved one was injured in a fatal accident as the result of drunk driving, contact the Bucks County personal injury lawyers at Saile & Saile LLP for a FREE consultation and a FREE copy of our PA Car Accident Book.

We’ve all heard about drunk drivers who have caused fatal car accidents by driving the wrong way on an interstate or who have fallen asleep at the wheel and drifted into oncoming traffic. It seems that it is always an innocent family who suffers catastrophic injury and/or death while the drunk driver walks away unhurt. Of course, that is not always the way it happens, but there are a lot of injustices – namely car accident fatalities and serious car accident injuries - as a result of the havoc that drunk drivers wreak. Driving drunk is never the right decision, but people will continue to do it even though there are many fines and penalties associated with the crime.

Many of those who do drive under the influence will cause severe and deadly Bucks County car accidents. If yours or a family member’s life has been altered by a drunk driver, you will want to consult with an experienced Bucks County DUI car accident lawyer to learn all about the recourse you have as well as your ability to recover damages. The local DUI car accident lawyers at Saile & Saile LLP understand the devastation a fatal DUI car accident can cause to a family. These experienced personal injury lawyers know how to successfully fight for all of the compensation you deserve.

Now YOUR E-Z Pass records can be used against you in a New Jersey court.  Just recently, an NJ Appellate court ruled that E-ZPass records are now admissible in court. It has been reported that this is the first court in New Jersey to ever rule on the admissibility of E-ZPass records. In this case, the E-ZPass records were used to prove the whereabouts of someone charged with domestic abuse.  

Can your E-ZPass records be used to prove that you were speeding on a certain day?  Could your records be used to prove that you have a habit of speeding which may have led to your car accident?  Could your E-Z Pass records be used to prove that you were committing a crime or cheating on your spouse? 

Be careful! E-Z Pass or its equivalent is here to stay, much like your cell phone records and your internet history. It is hard to hide in today’s world.  There are cameras everywhere.  

I am wondering when my next case will involve the use of E-ZPass records.  It’s kind of scary.  What do you think?

For those who are familiar with our firm Saile & Saile LLP, we represent individuals charged with DUI in Bucks County and other related traffic offenses.

Please visit our Bucks County DUI website here to research Pennsylvania DUI laws and Bucks County DUI procedure. We offer a no obligation free consultation (in our office) for anyone charged with DUI in Bucks County.

Today on the Stern show Artie claimed that he did not ingest any alcohol, nor had any illegal drugs in his system. He did mention that he was taking the prescribed drug, Lexapro.

A person can be found guilty of DWI if the prosecution can prove that the driver was intoxicated by a chemical substance. Drug related DWI charges are usually very difficult for the prosecution to prove in court. Unlike the common affects of alcohol use, the affects of drug use (whether legal or not) vary significatly.

Because of the diverse affects of drug use, NJ law requires that a Drug Recognition Expert (DRE) be used to examine the DWI suspect and make a determination of whether the suspect was actually intoxicated.

Drug Recognition Experts are usually specially trained police officers. We have had NJ DWI cases dismissed because the DWI suspect is not promptly examined by a DRE.

Artie Lange’s urine was tested for the presence of chemical substances. Even if a high level of Lexapro is present in Artie’s urine, the prosecution will still have to prove that he was intoxicated.

Lexapro’s website does warn against using Lexapro and operating machinery and automobiles until the user is aware of the effects of the Lexapro.

Do you think Artie will be convicted?

Under this law, all persons convicted of an NJ DWI (driving while intoxicated) offense would be required to install an ignition interlock system in their vehicles. Under the current law, only repeat NJ DWI offenders are required to install the ignition interlock system.

Ricci’s Law would require ignition interlock systems to prevent a vehicle’s ignition from starting if the driver’s blood alcohol content is .04 percent or higher. The driver must actually breathe into the device once entering the vehicle and if the driver’s blood alcohol content (B.A.C.) is below the preset limit, the car will start. If the driver’s blood alcohol content (B.A.C.) exceeds the present limit, the vehicle will not start.

Ricci’s Law would make use of the interlock installation system mandatory during the drivers’ license suspension period. Additionally, the law would require the device to be in place and operational for a span of six months to one year for a first New Jersey DWI offense, two years for a second DWI offense and ten years for a third and all subsequent NJ DWI offenses.

Ricci’s Law is named in honor of 17-year old Ricci Branca from Egg Harbor Township, NJ, who was struck and killed by an NJ drunk driver while riding his bicycle. The driver who hit Ricci fled the scene of the fatal NJ car accident and was found by police to have a blood alcohol content (B.A.C.) four times higher than that of the legal limit.

Now both the New Jersey and Pennsylvania legislatures are pushing for a mandatory ignition interlock on all NJ DWI offenses and all PA DUI offenses. I predict that someday all registered vehicles will be required to have an ignition interlock.    

Mr. Willis has a substantial record of criminal convictions but his most recent charge, the one to which he pleaded guilty on May 27, stems from a fatal Bristol, Bucks County car accident which occurred on November 17, 2008. Mr. Willis and his friend Seamus McNichol, also of Philadelphia, were out drinking at a club in Levittown, lower Bucks County.

Mr. Willis was intoxicated when he left the club and got behind the wheel of his vehicle, with Mr. McNichol as his passenger. Mr. Willis swerved across the road and struck a guardrail, causing his pickup truck to flip over. Mr. McNichol was pinned inside the car and pronounced dead at the scene. At the time of this fatal Bucks County car accident, Mr. Willis was driving with a suspended license due to a prior DUI conviction.

At the scene of the Bristol PA car accident witnesses reported that Mr. Willis escaped from the wreckage and then fled the scene of the DUI related car accident. Mr. Willis was apprehended a short time later at a local drug store. Once apprehended by police, Mr. Willis was given several sobriety tests, which he failed. He refused to give a blood sample.

Bucks County Common Pleas Court Judge Jeffrey Finley imposed a sentence on Mr. Willis which exceeds the state mandatory minimum and placed other restrictive provisions on Mr. Willis’ criminal sentence.

The McNichol family may have a Pennsylvania wrongful death case against Mr. Willis, and a possible Dram Shop case against the club that may have served Mr. Willis too much alcohol.

If you are legally stopped by a PA police officer and he or she believes that there is probable cause that have been driving under in the influence of an intoxicating substance, under Pennsylvania’s implied consent law, you must submit to a DUI chemical test.

If you refuse the test, you will be subject to an additional mandatory license suspension from PennDot.

For more information on the Bucks County DUI refusal charge, follow the following link at http://www.buckscountyduilawyers.com/sub/refusal.jsp.

A Philadelphia resident was crossing West Erie Avenue at North 19^th Street at 8:21 p.m. when he was struck by a car driven by Luciano Rios, 30, of Croydon, Bucks County, Pennsylvania.

Rios drove away from the scene of the Philadelphia hit and run car accident and struck another car in the 4300 block of Clarissa Street. A passenger in that car suffered minor personal injuries. Rios’ car then hit a median and then was disabled. He then tried to flee on foot before being apprehended.

Rios is now facing involuntary manslaughter charges, as well as homicide by vehicle, homicide by vehicle while DUI and fleeing the scene of a fatal car accident.

DUI suspect, Daniel Smith of Bristol Township, PA was arrested and taken to the Bucks County prison on May 3, 2009. He has been charged with homicide by vehicle while driving under the influence (DUI), a second degree felony. In addition, Smith was charged with two counts of second degree felony aggravated assault by vehicle while driving under the influence (DUI), involuntary manslaughter, a misdemeanor, and other related Bucks County, Pennsylvania criminal offenses.

Smith was traveling northbound on Oxford Valley Road in his Toyota 4-Runner when he made a left turn onto Frosty Hollow Road. It was on Frosty Hollow Road that he collided with the McHugh’s car. The impact of hitting Mr. Smith’s 4-Runner caused the McHugh’s vehicle to collide with another car, veer off the road, and then crash into a fence.

Ms. McHugh was administered CPR by paramedics at the Bucks County car accident scene and taken to St. Mary Medical Center in Middletown Township, PA for her serious personal injuries. Ms. McHugh died four days later at the hospital. Mr. McHugh also sustained several personal injuries in this Bucks County PA car accident.

Mr. Smith was taken by police to St. Mary Medical Center for blood alcohol testing after police reportedly found Mr. Smith smelling of alcohol. Hospital tests revealed that Mr. Smith has a blood alcohol level of .082, according to police.

A DUI Preliminary Hearing for Mr. Smith’s case in this case is scheduled for Thursday, May 7, 2009 before District Judge John Kelly, District Court 07-1-08 in Levittown, PA.

The legal limit for blood alcohol while driving in Pennsylvania is 0.080. According to the Bucks County police and the blood alcohol test results, Smith’s blood alcohol was only slightly over that level. This may be a case that Mr. Smith would want to fight due to the serious criminal and DUI penalties that he may face if convicted of Bucks County DUI and the other aggravated Bucks County criminal charges.

State police officials cite education, training, and the practicing of targeted enforcement as reasons for this unprecedented success in taking those driving under the influence off of Pennsylvania’s roadways.

In addition to identifying those who are driving drunk, the PA State Police are also administering more evaluations in order to single out drivers may be driving under the influence of illegal or prescription drugs.

More good news is that the number of alcohol-related car accidents in Pennsylvania fell by 3% in 2008, and of those PA car accidents, fatal car accident were down 9%.

Did the PA State Police do a better job at identifying and arresting PA DUI suspects or are there more people driving under the influence (DUI) on Pennsylvania roads in 2008?

What do you think?

Currently under New Jersey DWI law, police officers are authorized to administer a DWI testing only when there is evidence or strong suspicion that a driver is under the influence of drugs or alcohol.

This proposed Bill requiring mandatory DWI testing of those involved in NJ auto accidents was brought forth on March 9, 2009 in response to a fatal car accident in Southampton, NJ, which took the life of 17-year-old Anthony Farrace. The driver of the car that struck Mr. Farrace was not tested for drug or alcohol use.

This Bill doesn’t make much sense to me. When someone is pulled over by a police officer or is speaking with a police officer after an NJ car accident, the police officer is constantly observing the person. Part of this DWI observation includes: (i) watching the person, (ii) listening to the person, and (iii) smelling the person.

During this period, police officers routinely evaluate (whether consciously or not) the driver for DWI. I am not sure whether NJ police officers will appreciate this new Bill (if made law) because it will force them to conduct breath testing on every NJ car accident involving injury, even if there are no outward signs of DWI.

An argument could be made for this Bill, when a driver is under the influence of narcotics or other chemicals. Sometimes it is difficult for a police officer to determine whether someone is under the influence of substances other than alcohol.

NJ DWI law requires a Drug Recognition Expert in these situations. Drug Recognition Experts are specially trained and certified to evaluate the effects of drugs and other chemicals on drivers.

In September 2006, the NJ woman was arrested and charged with drunk driving (DWI). When arrested, the NJ DWI defendant was taking prescription medications Ambien and Seroquel, a sleep/insomnia medication and an antipsychotic medication respectively.

At the time of the NJ DWI arrest, there was no warning on the package insert for Ambien that patients could be prone to “sleep driving” while taking the medication. Therefore, people who did fall prey to this side-effect would be completely unaware of their actions and the actions’ unintended consequences.

Although an expert witness testified at trial that the DWI defendant had no way of knowing that Ambien (sleeping pill) would cause her to sleep-drive, an NJ Municipal Court judge convicted her of NJ driving while intoxicated (DWI). A creative DWI defense attorney appealed the DWI conviction, arguing that his client was “pathologically intoxicated” when she was arrested.

New Jersey Superior Court Judge, Paul Armstrong, stated that he believed the DWI defendant’s intention was to go to bed, sleep through the night and get up the next morning to go to work.

It is now required by the FDA that all manufacturers of sleeping aids/insomnia medications include a warning that people taking the drug(s) could be disposed to sleep-driving.

I don’t understand what a warning on a medicine bottle will do to prevent a DWI, if the person taking Ambien unconsciously gets up while asleep and drives his or her car. I suspect that we will see this DWI defense again…

What do you think?

In this case two Lawrence Township police officers booked, conducted drunk driving field sobriety tests, and administered the NJ Alcotest at the Lawrence Township NJ police station.

New Jersey is similar to many other states which require the police officer to observe a DWI defendant for a 20-minute period before conducting a DWI breath test. The police officer is required to make sure that the defendant does not ingest any sources of additional alcohol, regurgitate, or burp/belch. All of these actions would not result in accurate breath test due to mouth alcohol.

The Superior Court ruled against the Mercer County NJ prosecutor by stating that the 20-minute observation rule was required by State v. Chun. The Court stated the police officer did not have to watch the DWI suspect continuously, but did have to observe the suspect in close proximity and with the police officer’s senses (not just sight).

Also more than one police officer can partake in the observation period so that one officer can do another task, such as getting the NJ Alcotest machine prepared for the DWI breath testing.

In this case the Lawrence Township police officer could not testify under oath that the NJ DWI suspect did not regurgitate or burp/belch, and therefore, the State could not prove its case.

If you have been charged with NJ DWI, Michael L. Saile, Jr., Esq. of Saile & Saile LLP can provide you with an aggressive DWI defense.

Pennsylvania State Troopers from the Trevose and Dublin barracks conducted a roving drunken driving DUI patrol on several Bucks County highways.

The patrols were done from 11 p.m. on February 14 through 3 a.m. on February 15. One driver was arrested for driving under the influence of alcohol, another driver was cited for driving under suspension, three drivers were cited for speeding tickets and six other citations and 28 written warnings were issued for other various Bucks County traffic tickets.

The New Jersey drunk driving statute currently allows second-offense drunk drivers to be sentenced as first offenders and third-offense drunk drivers to be sentenced as second offenders, if the subsequent offense occurred at least ten years after a previous offense. This Bill would do away with these allowances.

Assemblymen Milam and Albano argue that just because a drunk driving offense occurs more than ten years after a person’s previous offense, it does not make the offense any less serious. They further state that the penalties for repeat NJ DWI offenders should be more stringent, not more lenient, making the argument that the passage of time does not make this crime any less serious. Assemblyman Albano’s son was killed in 2001 by a repeat drunk driver.

The Bill received a favorable 6-0 vote in the Assembly Law and Public Safety Committee on February 9, 2009. Do you think NJ should keep making the NJ DWI law stricter?

Under the NJ Dram Shop Act, a person who is personally injured or incurs property damage can recover if: (i) the alcoholic beverage server is negligent, (ii) the NJ personal injury or property damage was caused by the negligent service of the alcoholic beverages, and (iii) the NJ personal injury or property damage was a foreseeable consequence of the negligent service of the alcoholic beverages.

Under the NJ Dram Shop Act, a licensed alcoholic beverage server is only liable when it negligently serves alcohol to a visibly intoxicated person or a minor.

In this case, the licensed alcoholic beverage server was not a typical bar or restaurant, it was a social club with a self-service beer truck. Unfortunately, one of the club members left the party, got into a fatal New Jersey car accident, which killed four individuals. The driver’s blood alcohol level (BAC) was above the NJ legal limit for driving while intoxicated (NJ DWI).

A jury found that the social club did not negligently serve alcohol to an intoxicated person. The Plaintiff appealed arguing that there was a “loop hole” in the NJ Dram Shop Act. Because the beer truck was self-service, no person was actually serving the alcohol. The Plaintiff argued that under the NJ Dram Shop Act the social club had inherent duty to monitor the consumption of all alcohol.

The NJ Supreme Court ruled that the NJ Dram Shop Act did not require a duty of social club with self-service alcohol to monitor consumption. The NJ Supreme Court stated that it is up to the NJ legislature to make law and that the NJ Supreme Court will not impose additional duties into the clearly stated NJ Dram Shop Act.

Do you think the NJ legislature should make new law to close this apparent loop hole?

Mr. Patel’s blood-alcohol level was 0.14, and Egg Harbor City police charged him with NJ DWI (driving while intoxicated). The City police reported Patel to Galloway police who charged him with reckless driving, leaving the scene of an NJ car accident and failure to report the NJ car accident.

If this is Mr. Patel’s first NJ DWI charge, chances are he will not go to jail.

The NJ legal blood-alcohol level is .08. If the bill becomes law, judges will be permitted to order ignition interlocks for first-time DWI offenders with a blood-alcohol level of .08 – .15. The new law would also lengthen the amount of time the ignition interlocks are required on vehicles.

This is another example of how the legislature keeps adding to the myriad of DUI-DWI penalties. When will the drunk driving penalties be considered cruel and unusual punishment?

Certainly if there is a very bad case, involving wrongful death or serious personal injury, the law should be harsh. But when the defendant is a first time DWI offender without any aggravating circumstances, the NJ DWI penalties should be relaxed.

Pennsylvania District Attorneys offer the Accelerated Rehabilitative Disposition (ARD) program for first time DUI offenders. Perhaps NJ legislators should pass a similar type of NJ DWI law?

However, Matthew Tubertini made his way back to the Mount Laurel Police Headquarters a few hours later on his own carrying a baseball bat, which police believe he planned to wield in order to damage police property, including police vehicles, and to perhaps threaten police officers.

In the end, Tubertini was charged with two counts of NJ DWI, possession of a weapon, possession of a weapon for unlawful purpose, and attempted criminal mischief. He was held in the Burlington County jail after this second NJ DWI arrest (in one day), with bail set at $15,000.

In most criminal cases, defendants have the right to be released on bail.

Police charged Prince with NJ DWI (Driving While Intoxicated) and drug possession. Police also found drug paraphernalia and marijuana in his possession and charged him with criminal mischief, possession of drug paraphernalia and numerous NJ traffic violations. Prince was released pending a court hearing.

If you have been charged with DWI in Evesham Township, Burlington County, NJ, contact NJ DWI attorney, Michael L. Saile, Jr., Esq. for aggressive NJ DWI legal representation.

Much analysis and evaluation goes into where and when police will set up sobriety checkpoints within Bucks County. Much of where the sobriety checkpoints are set up is based upon the frequency of Bucks County DUI (driving under the influence) arrests in given Bucks County towns or townships.

Based upon both the United States Constitution and the Pennsylvania State Constitution, sobriety checkpoint stops are a legal means for police in Bucks County, PA to detain drivers in order to observe signs signifying that a person has been drinking and/or may be drunk. However, there are many guidelines that must be followed by Pennsylvania police when conducting sobriety checkpoint stops.

An experienced Bucks County DUI lawyer, such as Michael L. Saile, Jr., Esq., of Saile & Saile LLP, can help you determine if your Bucks County sobriety checkpoint stop was conducted legally.

According to police, when Behrig was being pulled over, near Long Road, she drove her vehicle off the road.

The police officer discovered a 4-year-old child sitting in the back seat, while Behrig looked to be falling asleep in the driver’s seat. Behrig was charged with the following: DUI, endangering the welfare of a child, recklessly endangering another person, reckless driving, and a lane violation.

If this is the woman’s first DUI offense, the woman will not qualify for the Bucks County District Attorney’s first offender program otherwise known as Accelerated Rehabilitative Disposition (ARD). A Bucks County DUI Defendant is not eligible for Bucks County ARD if the DUI Defendant is caught driving under the influence in Bucks County with a child under the age of fourteen (14) years old.

If you are charged with DUI in Bucks County, PA, DUI in Montgomery County, PA, or DWI in New Jersey, contact Michael L. Saile, Jr., Esq. of Saile & Saile LLP for an aggressive DUI defense.

On December 11, 2005, a father and his daughter were having some kind of domestic fight, which resulted in the daughter calling the police. The father then left the home and drove away in his car. The daughter called the police back and stated that her father left and is driving drunk.

The daughter gave the police a description of the father’s vehicle, its proximate location, and the license plate number. The police found the car and initiated a DWI – DUI traffic stop and charged the father with NJ DWI. It should be noted that the police did not observe any erratic driving before they made the DWI – DUI traffic stop.

In the NJ Municipal Court, the father made a Motion to Suppress the DUI-DWI traffic stop. The NJ Municipal Court denied the father’s Motion to Suppress. The father then appealed the NJ Municipal Court’s decision and the NJ Superior Court reversed the Municipal Court’s decision, and the NJ Appellate Division confirmed the reversal.

The NJ Supreme Court stated that even though the daughter was only 17-years-old, her reports to the police were deemed reliable under already established case law. The Court ruled that the police had reasonable suspicion and could make a legal DUI – DWI traffic stop.

If you are charged with DWI in New Jersey or DUI in Bucks County Pennsylvania, contact Michael L. Saile, Jr., Esq. for aggressive DWI – DUI legal representation.

The NJ Appellate Division agreed with the defendant’s argument that the NJ police officer failed to properly charge him with the NJ DWI-DUI refusal charge. The charge on the traffic ticket stated: “refusal to submit blood,” instead of “failure to submit to a Breathalyzer test.”

Do you think that that court made a good decision? Do you really think that the NJ DWI-DUI suspect did not understand that he was being charged with a DWI-DUI refusal?

The address for new website will be www.buckscountyduilawyers.com.

We hope to have the new website up and running by the end of July 2008.

One of the main issues is that the maker of the Alcotest machine, Drager, has not yet provided the education classes to NJ defense attorneys as required by the Court Order.

This week the NJ Supreme Court turned down the NJ Bar Association’s request for the continued involvement of the Special Master.  Perhaps the NJ Supreme Court wants to stay active in the tens of thousands of backlogged NJ DUI (drunk driving cases)?

After the Defendant pled guilty to his 13^th DUI (drunk driving) offense, a judge sentenced him to the enhanced sentence of 15 years in prison. 

The United States Supreme Court ruled that a DUI (drunk driving) involves conduct that “presents a serious potential risk of physical injury to another” under clause but is not the type of conduct that the legislature intended it to cover. 

Do think this was a good decision? 

In 2006 alone, more than 13,000 people died in impaired driving-related highway crashes and hundreds of thousands more were injured, according to research by the National Highway Traffic Safety Administration.  NHTSA also estimates that about three in every ten people in United States will be involved in an impaired driving crash at some point in their lives.

Cinco de Mayo has become a big night out for many, particularly young adults.  It has also become a dangerous night out due to impaired driving.
 

• Americans who drive while impaired on Cinco de Mayo make it a high-risk evening on the nation’s roadway for everyone. 
• From 2002 to 2006, an average of 43 percent of all highway fatalities each year on May 5^th and overnight into the early morning of the next

day were caused by impaired drivers with blood alcohol content levels of .08 percent or above, according to the National Highway Traffic Safety Administration (NHTSA).

Whether your are just meeting a few friends after work or attending a Cinco de Mayo party, if you plan on using alcohol, never drink and drive while impaired -and never let a friend drive if they show signs of impairment.

If you are planning to use alcohol this Cinco de Mayo, keep in mind the following:

Designate a sober driver before going out to celebrate;

Eat during the evening; load up on the chips and salsa and other appetizers, and then enjoy your other favorite Mexican foods during the evening;

Don’t even think about getting behind the wheel if you’re drinking.

Ask a sober friend for a ride home; call a cab, your local sober rides  program, (if your community has a local sober rides program, please insert the phone number here) or friend or family member to come and get you; use other mass transit if available; or just stay where you are and sleep it off until you are sober;

Take the keys and never let a friend leave your sight if you think they are  about to drive.

The tragedies and costs from drinking and driving impaired do not just end at the potential death, disfigurement, disability and injury caused by impaired drivers.

Driving impaired or riding with someone who is impaired is not worth the risk. The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be really significant and not the way you want to celebrate Cinco de Mayo.

People that break the law, often face jail time, the loss of their driver’s license, higher insurance rates, and dozens of other unanticipated expenses from attorney fees, other fines and court costs, car towing and repairs, lost time at work, etc.

Remember on Cinco de Mayo, Friends Don’t Let Friends Drive Drunk.

According to the case brief, the NJ DWI Defendant was convicted in the local NJ Municipal Court. The Defendant then appealed to the Law Division which affirmed his conviction.

In his appeal to the NJ Appellate Division, the NJ DWI Defendant asserted the following problems with the prosecution’s case:

2.    An inspection report of the Breathalyzer prepared two months after the DWI test showed that a malfunction    occurred sometime before, during, or sometime during the 2 months after the DWI offense.

Is this what happens when a NJ DWI Defendant appeals his or her NJ DWI case?

It appears that the court did not presume that the NJ DWI Defendant was innocent and ignored these major problems in the prosecution’s case. From the case brief from the New Jersey Lawyer newspaper, there appears to be reasonable doubt. What do you think?

I am not sure whether the 2100 to 1 blood-to-breath sample ratio is reliable or not.

The allowance for women over sixty years old to give a smaller breath sample seems fair as long as the courts also exempt people who have heart, lung or other chest related and documented medical problems that would prevent them from giving a breath sample.

Also I am not sure whether a temperature sensor should be put on the machine.

I do believe the fuel cell drift issue is a real problem that someone needs to fix. Why can’t they plug the machine into an outlet? It’s not like they are giving the breath tests on the streets. They are usually done at the police station. I don’t think a math formula to estimate a B.A.C. result is accurate, especially when people’s liberties are at risk.

The weighted averaging algorithm certainly seems suspect as it is a made up formula which is not a true measure of the breath exhaled.

Furthermore, now each prosecutor, defense attorney, and Municipal Court Judge must now re-do calculations to determine whether the results fit into the prescribed tolerance levels. I just did my first in-court calculation today. It wasn’t very difficult.

The Supreme Court also ruled that this machine must be fixed and reprogrammed for the future. This leaves all of the defendants’ cases that were previously “on-hold” without all of the same safeguards.

There had to be a better way of getting this new Alcotest approved without holding up the courts and tens of thousands of defendants. What will we learn from this inquiry? Will there be an appeal to the US Supreme Court? Do you think these rulings are fair?

State v. Chun: State v. Chun.pdf

In order to get into the house arrest program in Bucks County, you must first be screened and approved through an interview process with the Bucks County Prison System. If you become a client of Saile & Saile LLP we will set you up with and prepare you for your house arrest interview.

It will then be up to the sentencing judge in Doylestown, Bucks County during your sentencing hearing as to whether the judge believes that you deserve the privilege of house arrest. The judge will also consider whether the Bucks County District Attorney opposes your admittance into the house arrest program.

There are many, many rules to house arrest in Bucks County. It is really like being in jail, but it is within the confines of your own home. In fact, the Bucks County Department of Corrections has a 23-page handbook full of rules and regulations for house arrest. We provide our clients a copy of this handbook.

House arrest is not cheap. Currently, the cost is about $10 per day. You must also obtain a dedicated land-phone line with no calling features just for the house arrest phone calls.

If you are interested in the possibility of house arrest for your Pennsylvania DUI-DWI-DAI charge and you do not already have a lawyer, we may be able to represent you.

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

The High Court ruled that the Crawford (right to confront a witness) issue may be able to be applied retroactively.   This is particularly important in drunk driving cases.   Many states including New Jersey would admit into evidence the report or affidavit from a scientist or doctor who drew or tested the blood of a defendant suspected of drunk driving.  Now under the new (semi-new) Crawford doctrine, a defendant has the right to “confront” or cross-examine these doctors or scientists or others as the case may be.

This new case from the U.S. Supreme Court states that the “right to confront” may be applied retroactively, and it is up to the individual states to decide if they will permit retroactive application.   This would come in the form of a Post-Conviction Relief Petition.

If NJ applies this rule retroactively, it may only be available for people who actually asserted the right to confront or at least had a trial.   This is yet to be determined by NJ courts.  We will keep you posted.

See Danforth v. Minnesota here: Danforth v. Minnesota.pdf

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

The challenge in Kentucky is against the Manufacturer CMI who manufacturers the Intoxilyzer 5000N. As you know, in NJ there is presently a case (many cases) before the NJ Supreme Court challenging the new NJ Alcotest machine.

In both states, the manufacturers of these machines are fighting the requests of defense lawyers to reveal these computer programs because the manufacturers claim this information is “proprietary” or “secret.”

Without the source code, these machines are essentially a “black box” whereby no person, but the manufacturer knows if the machine is even close to fair or accurate.

If we are presumed innocent under the law, why are we using these “magic boxes” if we don’t know what is inside?

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

Where they were drinking alcohol?

How many alcoholic drinks they had? and

What kind of drinks they had?

A 2007 NJ Attorney General Law Enforcement Directive mandates that New Jersey police ask these questions after they have read the DUI-DWI suspect the required Miranda warnings (their rights) and the DUI-DWI suspect consents.  A report must then be filed by the police officer with the Division of Alcoholic Beverage Control.

The Division of Alcoholic Beverage Control is then permitted to keep this information for a period of 25 months and is required to maintain a database of this information to be used by any law enforcement agency. 

Although this mandates more government monitoring of the people, this NJ Attorney General Directive does serve legitimate purposes such as curbing drunk driving (DUI-DWI) which will ultimately lead to less innocent people being killed by drunk drivers.

See a copy of the Attorney General Directive here: Attorney General Directive2007-02.pdf

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

People who drink and drive can expect to see a police officer in the rearview mirror, as police across Pennsylvania join the national crackdown on impaired driving now through Feb. 4.

Enforcement efforts will include sobriety checkpoints and roving patrols, with special emphasis being placed on Sunday evening and early Monday morning.

In 2006, 81 alcohol-related crashes and two fatalities were reported on Super Bowl Sunday and the following Monday.

To help keep impaired drivers off the roads this year, PennDOT has budgeted nearly $4 million for DUI enforcement. That funding covers costs associated with the enforcement, such as police overtime, training and necessary equipment for 54 task forces, which consist of approximately 450 police departments.

Remember…this is especially true with the new DUI-DWI-DAI laws in both PA and NJ: Buzzed driving is Drunk Driving!

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

Seating for the media is limited and will be reserved in the order requests are received. Only one seat will be reserved for each news organization. Reporters and photographers must wear press credentials to be admitted to the reserved seating area. Reporters are asked to be seated by 9:50 a.m. At 9:55 a.m., unused reserved seats will be given to reporters on a waiting list. Call the Judiciary communications office at 609-292-9580 to reserve a seat.

Allow time for passing through security in the RJH Justice Complex lobby. Photo ID must be shown.

News organizations must make arrangements in advance for still or video cameras in the courtroom, according to the Supreme Court guidelines. If demand for space is high, photographers will use a pooling arrangement. The Judiciary communications office will provide further information on pooling when photographers call for reservations.

So this answers our questions…there will be no room for the general public. I do believe that it will be broadcasted online at this link: http://www.judiciary.state.nj.us/webcast/index.htm.

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County. 

Assuming that you know the length of time that your driver’s license suspension will be, the question is when you will lose your license.  In Pennsylvania, your driver’s license is not usually suspended or taken away at your final DUI-DAI common pleas court hearing. 

Pennsylvania procedure is that the sentencing judge will find you guilty and mark the docket with a guilty finding.   Pennsylvania court judges do not have the power to adjust the length of your PA DUI-DAI suspension period.   These periods are set by law.

The Pennsylvania Department of Transportation (PennDot) coordinates your PA DUI-DAI driver’s license suspension.   After your conviction, the court will notify PennDot of your conviction.  In about 2 weeks after your final court appearance you should be getting a letter in the mail from PennDot informing you that your Pennsylvania driver’s license will be suspended on a certain date.

At this point, it is your responsibility to physically turn in your driver’s license to a PennDot Driver’s Services Center.  At the point that PennDot actually receives your physical driver’s license, that is when your suspension will begin.   If you do not turn in your PA license, your suspension will not start.

If you have lost your PA driver’s license you can fill-out a PennDot form.   This form notifies PennDot that you no longer have a physical license and that you cannot turn it in.  You can find the PennDot form here: PennDot Form.pdf

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

The driver was caught driving near the George Washington Bridge in NJ and was pulled over for an NJ traffic violation.  The NJ police officer ran the driver’s credentials and determined that his license was suspended for a NY drunk driving (DUI-DWI) charge.  

The NJ Municipal Court found the man guilty of driving while suspended for a DWI-DUI in NJ and sentenced him with the enhanced penalties which include a minimum of a 10-day jail sentence and an additional license suspension on one year.  
The man appealed claiming that the enhanced DUI-DWI penalties of the Driving While Suspended do not apply in his case because he was an out-of-state driver with an out-of-state drunk driving (DUI-DWI) charge.   The plain language of the NJ drunk driving law specifically makes reference to the NJ DUI-DWI statute (39:4-50). 

The NJ Law Division and the NJ Appellate Division ruled against the driver’s arguments and imposed the enhanced penalties.  The Appellate Division case is a published decision which represents new law.  Please read State v. Colley attached here: State v. Colley.pdf 

Do you think it was fair for the court to impose enhanced penalties when the written law only makes reference to the NJ DUI-DWI law?   Is 10 days in jail fair punishment?  What if you thought your DUI-DWI suspension was expired and you thought you were legal to drive? 

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

We request that all of our PA DUI-DWI-DAI clients review this chart before we meet with them in person.   At our initial meeting, we will explain the entire process in detail and inform you as to what you should expect from start to finish.  

If you have any specific questions, or you are just doing some preliminary PA DUI-DWI-DAI research, I will be happy to address specific questions in the “comments” section of this blog entry.

See PA DUI-DWI-DAI flow chart here:  DUI-DWI-DAI Flow Chart.pdf

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

Costs associated with these programs:

·         Court Reporting Network (CRN) evaluation                       $  50.00
·         Alcohol Severity Index (ASI) assessment                            $140.00
·         Alcohol Highway Safety School (AHSS) Program                  $200.00
·         AHSS and Intervention Program                                        $300.00
·         DUI Outpatient Treatment Program                                  $360.00
·         Rescheduling fees of $35.00 are added for each missed appointment.
·         Make-up fees of $35.00 for each class.
·         Returned check fee of $35.00.

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

Beginning in 1989, Pennsylvania law required that all health insurance companies had to include drug and alcohol dependency treatment in their health insurance policies issued in Pennsylvania.

The treatment must include detoxification services in a licensed hospital or facility. If recommended by a physician or a psychologist, the covered treatment also must include residential care of up to 30 days in a calendar year and may be subject to a lifetime limit of 90 days of total residential care. Coverage is also required for a minimum of 30 full-session outpatient visits or equivalent partial visits per year and may be subject to a lifetime limit of 120 full-session outpatient visits or equivalent partial visits.

After the change in the law, the Pennsylvania Insurance Commission issued regulations forbidding insurance companies from imposing “managed care” or other limitations on drug and alcohol dependency treatment recommended by an insured’s physician or psychologist. In response, a group of insurance companies sued the Pennsylvania Insurance Commission, claiming that the new drug and alcohol treatment laws did not limit the provisions in health insurance policies that require “pre-certification,” “gatekeepers,” or “utilization review” and other procedures that are often found in managed care policies.

Recently, the Pennsylvania Commonwealth Court dismissed the lawsuit, agreeing with the Insurance Commission that insurance companies cannot impose any additional limits on patients whose physicians or psychologists have recommended drug or alcohol treatment. Noting that the 30-day annual limit and the 90-day lifetime limit included in the statute adequately protect the interests of the health insurers, the court found that the legislature wisely limited the available care and equally wisely addressed the social importance of drug and alcohol treatment by requiring its inclusion in Pennsylvania health insurance policies.

1.     Was conducted by a qualified person who has fulfilled the training requirements set forth by the Departments of Health and Transportation.

2.     Was conducted on a device approved by the department of health.

3.     Utilized proper procedure prescribed.

4.     The breath testing machine must be calibrated and tested for accuracy within the specified time period.

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.