The post 2 traffic violations that can prompt a DUI stop appeared first on Weinstock Defense.
]]>However, what sometimes begins as a simple traffic stop can lead to a DUI investigation. This is because the police will often use a traffic violation as grounds for pulling a driver over for a DUI investigation. In other words, they must be reasonably suspicious that you could be drunk driving to stop you for a DUI investigation.
Here are two traffic violations that can prompt the police to stop you for a DUI investigation.
If you are conversant with traffic laws, you probably understand that reckless driving is a more serious offense than most moving violations. You will be charged with reckless driving if you operate a motor vehicle in a manner that endangers the lives of other road users. Examples of reckless driving patterns that can lead to a stop for DUI investigation include erratic speeding and stopping, tailgating and running the red lights.
Swerving in and out of your lane or driving in the wrong lane will most definitely gain the attention of the police. This explains why lane violation is one of the most common traffic violations that lead to DUI stops. Examples of lane violations include swerving in and out of your lane, changing lanes without turning your indicator on or hugging the centerline.
Being pulled over for a DUI investigation can be a frightening experience. Find out how you can safeguard your rights and interests during and after a DUI stop.
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]]>The post When can you use force to defend yourself? appeared first on Weinstock Defense.
]]>In such a scenario, are you entitled to use force to defend yourself, or could you face criminal charges? It depends on the situation.
There are situations where you are legally entitled to defend yourself with force in New Jersey, but these are subject to conditions. For a claim of self-defense to be valid, the aggressor must have directed unlawful force toward you. You must have either been subjected to a physical attack or legitimately believed that you were in physical danger.
Physical force can only be used lawfully if it is necessary to defend yourself from harm. So, if someone shoved you and walked away, you would not be justified in approaching them and using force because the immediate threat was already over.
The force used in self-defense must also be proportionate. For instance, if someone struck you once, you would not be justified in striking them ten times with much more force. It would also be disproportionate if you used a deadly weapon on an individual who was unarmed.
As you can see, the laws on self-defense can be quite complex. This is why it’s important not to navigate a criminal case on your own. Having legal guidance behind you will help you to show that the force you used in your situation was justified and proportionate.
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]]>The post What is a primary traffic offense? appeared first on Weinstock Defense.
]]>But have you ever wondered what the difference is and why certain traffic violations would be classified this way? Maybe you’re also curious about how this definition could impact a traffic stop or an eventual criminal case. Let’s look at the main differences below.
The big difference is that a primary offense is one for which the police can initiate a traffic stop. They are not violating your rights if they pull you over for one of these offenses. A secondary offense is something that can result in a citation, but you cannot be pulled over for doing it. The citation can only be added on if you have already been pulled over for another reason.
For example, if texting and driving is a primary offense and an officer sees you on your phone, they can immediately stop your car – this is possible in New Jersey, under the current laws. But if it is a secondary offense, then the police may need another reason to stop your car, such as seeing that you have broken the speed limit or rolled through a stop sign. If that happens, you could then be given a ticket for texting and driving along with the speeding ticket.
It’s important to understand the differences between the two types of citations and to know all of your options as you go through the criminal defense process.
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]]>The post Does New Jersey automatically seal juvenile criminal records? appeared first on Weinstock Defense.
]]>Some parents assume they don’t need to offer their child much support when they face juvenile charges. They believe that their child will learn a hard lesson and can move on with their life afterward without it limiting their future.
Can you trust the courts to automatically seal your child’s juvenile record?
To some extent, it is true that New Jersey will automatically protect minors accused of criminal activity from a permanent public record. In most cases, those accused of juvenile offenses can expect the state to seal their record when they turn 18.
There are some exceptions to this rule, however. They include providing certain information to victims and the families of victims, as well as disclosure laws when a juvenile faces very serious charges. Those accused of juvenile offenses that would be felonies if they were an adult, aggravated assault or damage to property costing more than $500 often cannot have their records sealed automatically. They would have to petition the courts to show that the disclosures would harm the young adults.
The nature of the accusations against a juvenile offender determines if the state will seal their record or not. Making sense of criminal defense laws, especially those related to violent crimes, can help those hoping to support their children in the criminal justice system.
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]]>The post How does constructive possession happen? appeared first on Weinstock Defense.
]]>However, someone may be charged with a criminal charge because they had access to drugs in some way, but the drugs weren’t found on their person – this is called constructive possession. While only one person may be charged for actual possession when drugs are found on them, several people may be charged for constructive possession.
Here’s what you should know:
For a constructive possession charge to happen, the state has to know three things: the defendant has to know about the drugs; the defendant has to know the drugs were illicit; the defendant has to have some kind of control over the drugs. Deciding how a defendant would have control over illicit drugs can be difficult.
Here are a few scenarios that might lead to a constructive possession charge:
If you’re being charged with constructive possession, then you may need to know your legal rights when creating a strong defense.
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]]>The post Can sexual consent be withdrawn? appeared first on Weinstock Defense.
]]>But what you may be wondering is if that consent can ever be removed or withdrawn. Once someone gives you their consent to be involved in such an encounter, do you have that for a certain amount of time? Can they change their mind? Could this create a legal problem for you?
The truth is that consent can be withdrawn at any time, by either party, and it must be respected. Just because they initially agreed to the encounter does not mean that they have to agree for any side amount of time. Their consent lasts only for as long as they want it to.
This can cause some legal problems. They may claim that they didn’t give you consent or that they initially gave consent but then decided not to go through with the encounter.
On the other hand, you may claim that you believed you had consent the entire time and you didn’t know that they felt you were doing anything wrong. In fact, you may feel that they’ve only changed their story after the encounter. They were fine with it when it occurred, but now they’re asking questions about whether or not it was permissible.
A situation like this is naturally going to make you feel very nervous because it can have such a big impact on your future, your reputation and your criminal record. It’s very important for you to understand exactly what legal options you have.
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]]>The post Should you yield to the Breathalyzer test in New Jersey? appeared first on Weinstock Defense.
]]>If you are stopped for a DWI investigation, one of the pieces of evidence the police will obtain is your blood alcohol (BAC) level. For this, the police will request you to take the Breathalyzer test. But do you need to yield to this test?
A simple answer to the question, “should you yield to the Breathalyzer test?” is, YES. When you sign up to drive on a public road in New Jersey, you are giving your implicit consent to submit to a breath test if the police pull you over on suspicion of driving while intoxicated.
However, the police must have reasonable grounds to believe that you were driving while intoxicated to justify the stop and collection of your breath sample. Examples of probable cause might include running through the red lights, hugging the center line, swerving in and out of your lane or any other traffic violation.
Refusing to yield to a Breathalyzer test can increase your odds of getting a DWI conviction since the court will draw a legal inference that you declined the test because you were intoxicated in the first place. Of course, this is a rebuttable argument. However, it puts you in a position where you have to prove that the probable cause for which the police stopped you is not sufficient to warrant a conviction. And this can be a tall order.
Refusing to yield to a Breathalyzer test also comes with its share of legal consequences. Here are some of these:
If you have been charged with drunk driving or refusing to yield to the Breathalyzer test, it is important that you explore your legal options so you can protect your rights and interests.
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]]>The post New Jersey laws and the use of electronic devices while gambling appeared first on Weinstock Defense.
]]>The fines for those convicted of breaking these laws can run into six figures. Of course, a conviction will also mean having a criminal record.
The offense of using a “computerized, electronic, electrical or mechanical device which is designed, constructed, or programmed specifically for use in obtaining an advantage at playing any game in a licensed casino or simulcasting facility…” is considered a second or third degree offense, depending on how much the person gained from its use. Of course, the device will be confiscated as well.
Another law addresses the use of “any cheating or thieving device, including but not limited to…electronic or magnetic devices, to facilitate the alignment of any winning combination or removing from any slot machine any money or other contents thereof.” That’s a fourth degree offense that can carry a substantial fine.
Additional laws deal with “Cheating games and devices in a licensed casino” and “Unlawful possession of device, equipment or other material illegally manufactured, distributed, sold or serviced.” These are also fourth degree offenses that can carry fines of as much as $200,000.
Casinos and simulcast facilities are required to post these laws where visitors can see them. It’s safe to assume, however, that using any kind of device or app on a machine to gain an advantage in any type of game is going to land you in trouble.
You can count on the fact that surveillance cameras are everywhere in gaming locations. That may or may not be to your advantage. If you’re facing charges for using electronics to cheat or any other form of cheating, it’s crucial to seek legal guidance to protect your rights and determine the best course of action.
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]]>The post Understanding unlawful search and seizure appeared first on Weinstock Defense.
]]>It’s important to know your rights and the rights and responsibilities of the authorities when it comes to the search and seizure of your property.
Authorities have the right to conduct reasonable searches. This means the authority must have adequate reason to believe they will find evidence of a crime by conducting a search (probable cause). Sometimes, a search warrant is required to conduct a search.
It’s required for the authorities to stick to the parameters in the search warrant unless they see evidence of a crime in “plain view.”
Other things the police are allowed to do include:
If authorities don’t follow the set standards and requirements during a search, any evidence gathered can be barred from being used against you (through what is called the exclusionary rule). Authorities are also not permitted to use evidence found during an illegal search to find additional evidence (called the fruit of the poisonous tree” doctrine).
There are limits to authorities’ rights to search your person or car, too. Reasonable suspicion must be present, and police cannot stop and frisk you, for example, unless there is reasonable suspicion of criminal activity.
Knowing your rights regarding the police’s ability to search your person or property is essential. You have rights if you believe you have been the victim of an illegal search and seizure that resulted in criminal charges. This evidence can be thrown out in most cases, which could help your criminal case.
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]]>The post 3 ways a DUI conviction will hurt your career appeared first on Weinstock Defense.
]]>However, the consequences of a DUI conviction can extend far beyond the driver’s license suspension, fines and jail time. A DUI conviction will permanently remain on your record.
Here are three ways a conviction for drunk driving can impact your employment opportunities:
These days, many professions require workers to obtain a license before they can practice. This is the case for pilots, healthcare providers, teachers and accountants, among others.
One of the conditions for holding a practicing license is that you must notify your employer and the licensing agency if you are convicted of any crime. A DUI conviction can lead to the suspension or revocation of your professional license.
Most employers conduct background checks on candidates as part of the recruitment process.
If a potential employer learns about your previous conviction, they may have a second thought before hiring you. This is especially true if you are looking for a driving job or a job where sobriety may be important.
Regardless of your employer’s reaction to your charges, you will still be required to appear in court during your trial. Additionally, the judge may direct you to enroll in a rehabilitation program. All these will mean missing work. And this can cause problems.
A DUI conviction can impact your career and other aspects of your life in a number of ways. Find out how you can safeguard your rights when facing DUI charges.
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