Category Archives: Criminal Defense

Holiday “Cheers!” NJ DUI Laws That Could Ruin Your Season of Celebration

The lawyers at Aiello Harris are currently involved in a case in which a young woman 23 years of age became intoxicated at an establishment, left the establishment and got into a serious automobile accident or she was driving on the wrong side of the road not only resulting in serious injuries to the other driver but also costing her life. Those also affected by this accident are not merely the driver who she seriously injured, but include his family members and her family members who are left with the devastation and loss. This loss and devastation is permanent and profound.

With The Holiday Season Upon Us, Let’s Not Forget The Risks Of Drinking & Driving

In New Jersey non-commercial driver’s who are 21 years of age and over are considered legally drunk when their blood alcohol level (BAC) ‘s .08% or more.

Drivers of commercial vehicles are legally drunk when their BAC level is .04 percent or greater.

Drivers under 21 are legally drunk when their BAC level is
.01 or more.

BAC? Are You Naughty or Nice?

First-time offenders with a BAC of .08 but less than .10 faces a term of imprisonment of up to 30 days and must pay a fine of at least $250 but not more than $400. The offender will lose his or her driver’s license for three months. In addition, a period of detainment of 12 to 48 hours spent during two consecutive days of at least six hours each day is required. During this time, the offender will be required to attend an intoxicated driver program.

A first-time offender with a BAC of .10 or higher faces a prison term of up to 30 days and must pay a fine of at least $300 but not more than $500. The offender must also forfeit his or her driver’s license for seven months to 1 year. In addition, a period of detainment of 12 to 48 hours spent during two consecutive days of at least six hours each day is required. During this time, the offender will be required to attend an intoxicated driver program.

A second conviction for DWI/DUI within 10 years of the first conviction, the offender faces a prison term of up to 90 days and must pay a fine of at least $500 but not more than $1,000. The offender must also forfeit his or her driver’s license for 2 years.

For a third or subsequent conviction within 10 years, the offender faces a mandatory prison term of at least 180 days in a county jail or a workhouse. The offender must also pay a $1,000 fine. A third and subsequent offender is also required to forfeit his or her driver’s license for 10 years for each conviction.

Rockin’ Around The School?

DWI penalties are increased when the violation occurs on school property, within 1,000 feet of school property, or while the offender is driving through a designated school crossing.

For a first offense, the offender faces a jail term of up to 60 days. The fine is between $500 and $800. The offender’s driver’s license will be suspended for 1 – 2 years.

For a second conviction, the offender faces a prison term of 90 hours to 180 days. The offender must also perform community service for 60 days. The fine is between $1,000 and $2,000. The offender’s driver’s license will be suspended for 4 years.

For a third offense, the offender faces 180 days imprisonment. The fine is $2,000. The offender’s driver’s license will be suspended for 20 years.

In addition, if an offender had had a person who was 17 or younger is in the vehicle at the time of the office will be required to forfeit his or her driver’s license for an additional period of not more than six months.

Holiday Events This Could Impact

  • School Holiday Pageants
  • Holiday Sports Tournaments
  • Holiday Bake Sales
  • Winter School Dances
  • Etc.

Further Consequences? More Coal On Christmas?

First-time DWI offenders may be required to install an ignition interlock device in every vehicle they own, use, or regularly operate for six months to one year after the offender’s driver’s license suspension period expires.

Second and subsequent convictions for DWI will result in having to install an ignition interlock device in every vehicle they own, use, or regularly operate for one to three years after the offender’s driver’s license suspension period expires.

Insurance surcharges are imposed for all people convicted of DWI in New Jersey who must pay a $150 surcharge. Of this, $75 is payable to the municipality where the conviction was obtained and $75 is payable to the State for deposit into its general fund.

Commercial drivers who are convicted of DWI while operating a commercial vehicle will have their commercial driver’s license suspended for 1 to 3 years for the first offense. If, however, however, the driver was also transporting hazardous materials at the time, the suspension period is three years.

Even if the commercial driver is convicted of DWI while operating a non-commercial vehicle, the offender’s commercial license will be suspended for one year. If a commercial driver commits a second DWI while operating a commercial vehicle, the offender’s commercial driver’s license will be suspended for life, which may or may not be reduced to a period of 10 years.

If the driver is underage who commits a DWI with a BAC of .01 but less than .08 is required to forfeit his or her driver’s license for 30 to 90 days. The underage offender is also required to perform community service work for 15 to 30 days and attend a program of alcohol education and highway safety. These penalties are in addition to any penalties that may be imposed under New Jersey’s DWI laws applicable to offenders 21 and older.

BEWARE: You’re Responsible For More Than Just The Fruit Cake & Egg Nog at Your Holiday Party This Year

The Social Host Liability Statute provides that a person who is injured as a result of the negligent provision of alcohol by a social host (a non-commercial establishment) to a person 21 or older may recover damages from the social host who was serving alcohol if the social host willfully and knowingly provided alcohol to a visibly intoxicated person under circumstances that created an unreasonable risk of foreseeable harm to the life of another; the social host failed to exercise reasonable care to avoid that risk; and the injury arose out of a motor vehicle accident caused by the visibly intoxicated person. Under this statute, if a blood alcohol test was given to the intoxicated person, the social host may be held liable if the person’s BAC measured .10 percent or more.

Share Cheer Not Beer

Be careful that you do not provide or sell alcohol to people that are under the age of 21 which is a petty offense that subjects the offender to a fine of up to $1,000. Additionally, a person who makes their home available to underage drinkers will also be guilty of a disorderly person offense.

Moral of The Story…Be Joyful, Be Merry But Don’t Drink and Drive

This holiday season, be vigilant that those you serve or provide alcohol in your home are 21 years of age or older and do not become intoxicated and please, DON’T DRINK & DRIVE!

If You Are Charged With a DUI or DWI In NJ, Don’t Wait, Contact Our Law Firm Today…Have Happy Holidays!

Please contact the NJ DWI lawyers at Aiello Harris for a confidential consultation with a member of our qualified and experienced legal team.

Sexual Assault Charges Dismissed in Somerville New Jersey October 2018

One cannot watch or read the news anymore without someone being accused of sexual assault. There have been many accused and/or convicted. Harvey Weinstein and Bill Cosby just to name a couple. But what if you are accused of the charge and are innocent?

A recent case in Somerset County, Somerville, New Jersey venued in the Superior Court proved that point.  A man was accused of sexual assault violation of NJSA 2c: 14-2. The allegation was that while a woman was drunk he took advantage of her and committed the act of sexual assault. He was facing between five and 10 years in state prison along with Megan’s law.

The attorneys at Aiello Harris received the discovery from the prosecutor and saw that the police only interviewed two people at the party when this allegedly occurred. Aiello Harris criminal defense attorneys recommended to the family that they hire investigators to speak to many people at the party. It was discovered that the young woman made up the story because her boyfriend found out that she had sex at the party. Therefore, she accused our clients wrongfully just because she had cheated on her boyfriend. As a result of her accusation, this caused incredible stress and anxiety to our clients and his family. Fortunately, through those efforts, the sexual assault charges were ultimately dismissed by the Somerset County prosecutors office.

Contact an Experienced Criminal Defense Attorney for Help

If you have been charged with a sexual crime, whether it is sexual assault or sexual harassment, you must contact the Somerset County criminal defense team at Aiello Harris. Remember your liberty interests are at risk.


Drug and Firearm Bust in Middlesex County — Drugs and Firearms Found in a House in Metuchen

As reported by the Edison Patch, guns and drugs were found in a home in Metuchen at the end of January. The Middlesex County Prosecutor confirmed in a statement that the police seized multiple firearms and pounds of drugs from the home. A twenty-six-year-old in the home on New Street was arrested on multiple criminal charges.

The Metuchen Police Department seized three guns, including an AR-15 rifle, during the raid. In addition, more than 14 pounds of marijuana were seized along with packaging equipment and an unnamed quantity of psychedelic mushrooms.

The man arrested is charged with possession of firearms, possession of drug paraphernalia, and possession of psychedelic mushrooms and marijuana. In addition, he is charged with possession with intent to distribute and possession with intent to distribute within 500 feet of a senior facility (Metuchen Senior Center). While waiting for a detention hearing, the alleged offender was held at the Middlesex County Adult Corrections Center.

What Should I Do If I Am Arrested on Drug or Firearm Charges?

New Jersey prosecutors aggressively pursue maximum penalties for convictions of firearm charges and drug offenses. If convicted of a drug crime in New Jersey, you could face years in prison, high fines, years of probation, and other penalties. However, an arrest is not a conviction. Even if you are arrested, you have the right to consult a criminal defense attorney. You also have the right to a fair and impartial trial. The state must prove all elements required by law to obtain a criminal conviction.
Therefore, the three most important things you can do if the police question you or you are arrested for a crime are:

  • First: Try to remain calm. Dealing with law enforcement officers is unnerving for any person. It is easy to panic, but you need to stay calm. When you panic, you make mistakes that can result in your conviction. Do not make matters worse by yelling, cursing, harming a police officer, or resisting arrest.
  • Second: Remain silent. You have the constitutional right to remain silent. Therefore, remain silent! You must answer questions such as your name and address, but you are not required to answer other questions without an attorney present. A police officer might try to convince you that you will receive a break if you cooperate or that you appear guilty if you ask for an attorney. Do not fall for this tactic! Exercise your right to remain silent until you see your attorney.
  • Third: Call our office as soon as possible. You do not want to answer questions from the police or a prosecutor without a criminal attorney by your side. Furthermore, you want an experienced lawyer beside you when you face a judge at a hearing in the Metuchen Municipal Court or the Middlesex County Courthouse.

Contact an Experienced Criminal Defense Attorney for Help

Our criminal defense lawyers in Woodbridge represents clients in Metuchen and throughout Middlesex County.

Drug charges are very serious matters. You face severe penalties for convictions for drug and firearm offenses.

If you have been charged with a crime in Middlesex County, contact Aiello, Harris, Marth, Tunnero & Schiffman, P.C by calling (908) 561-5577 for a free consultation with a Woodbridge criminal defense lawyer. You may also contact our office by using the contact form on our website.

Source: 14 Lbs Of Pot, Multiple Guns Found In Metuchen Home: Prosecutor.” Katie Kausch. Edison patch. 21 January 2018.

New Jersey’s New Bail Laws Update

New Jersey’s Bail Reform and Speed Trial Act went into effect in January 2017. Previously, the judge assigned to a defendant’s criminal case would assign a specific cash bail value that the defendant would need to raise in order to be released from jail. Being out of jail is important because it preserves the accused’s freedom and makes it easier for the defendant to review and prepare his or her case with a defense lawyer.  A release from jail also can mean the ability to keep a job, spend time with family, and keep their housing. It also helps to reduce the prison population.
Prior to the new law, many underprivileged defendants were unable to raise bail money even when they were charged with minor crimes. Now, the playing field is a bit more level.

Use of a risk assessment system to determine the amount of bail

Now, to set a bail amount, the courts are expected to use a risk assessment tool created by the Laura and John Arnold Foundation. The tool examines the following factors to determine the risk of a defendant committing another criminal offense – especially, a violent offense:

  • The defendant’s age at the time the criminal act was alleged to have taken place
  • Whether the offense is a violent or non-violent offense
  • The defendant’s prior record of convictions
  • Whether the defendant failed to appear in court before
  • Any other open charges

Use of the risk assessment process is expected to help many defendants get a lower bail or to be released on their own recognizance. After release, defendants are still required to appear at scheduled court hearings and provide notice of any changes to the court.

Additionally, defendants are now required to be arraigned within 48 hours of their arrest. Bail is set at the arraignment (which also includes a reading of the charges). The new law thus requires that the risk assessment be completed in 48 hours. The assessment tool does not take into account the ethnicity or race of the defendant nor geography.

If a defendant is jailed, prosecutors must bring an indictment in 90 days and the trial must be scheduled in 180 days or less. In 2012, the average wait time between an indictment and trial in New Jersey was 314 days, according to the New Jersey State Attorney General’s Office.

The new law still gives the judge the ability to hold defendants without bail if the judge has reason to believe the defendant is a likely threat to witnesses or the public and is a flight risk.

Benefits of the new bail system

Firstly, it helps reduce the number of people in county jails. In a 2013 study, 75 percent of the people in New Jersey county jails were just waiting for their court date. An estimated 40 percent were in jail because they couldn’t pay the cash bail. For about 12%, the amount of bail was under $2,000.

The new law also helps to restore a better legal balance. Judges have the final say on the amount of bail rather than prosecutors. In the past, judges often deferred to the recommendations of a prosecutor.
Critics include the counties who claim the 48-hour time limit means they need to spend large sums on pre-trial services and bail bondsmen who now are less needed. In the past, people would often pay a bail bondsmen a fraction of the bail amount. The bondsman would pay the full amount. If the defendant appeared at the hearing, the bail money would be returned to the bondsman.

Anyone charged with a criminal offense should seek the help of a skilled strong New Jersey lawyer

Your attorney can assert your rights, prepare your defense, negotiate with prosecutors, and try your case before a jury.

The defense attorneys at Aiello, Harris have been fighting for the accused for more than 60 years. To make an appointment, please call us at (908) 561-5577 or fill out our contact form.

Be Wary of What You Post on Social Media When Awaiting Trial

Social media includes a variety of online platforms and services that let people communicate with their friends and the greater public, including Facebook, Twitter, YouTube, Instagram, and Snapchat. While social media can be fun, most social media platforms record your posts and keep the pictures and videos you upload.

During a criminal case, you can almost guarantee the prosecutor will pull your social media postings and put them into evidence. Unfortunately, social media posts can be quite damaging.

In the worst case, they are a direct admission of guilt. For example, a picture can show that you are in possession of stolen property. Posts can also be used at trial to show that you are not credible or that you are not telling the truth. Posts may lead to the prosecution of other witnesses who can testify against you.

Posts may even be crimes themselves. They may constitute harassment, fraud, or a hate crime and can lead to criminal charges.

Key legal considerations

The Fourth Amendment to the U.S Constitution provides that that people have the right to be protected against unreasonable searches and seizures and that warrants can’t be obtained without probable cause.

Whether a search is reasonable depends, in part, on whether a defendant had a reasonable expectation of privacy when the social media post was made. One guide to determining whether privacy was expected is the personal privacy settings on the account. If the settings make everything open to the public, then there is no privacy expectation and the post can be searched by the prosecution. Even if you had some expectation of privacy, the government will likely argue that that expectation was waived or limited and, thus, that the evidence can be used against you.

The Fourth Amendment protection only applies to the accused. If a person you are communicating with makes an incriminating post, that post is available to be used in court and by the prosecution.
These are a few more legal considerations to keep in mind:

  • A social media post may provide the government with the probable cause needed to obtain a warrant.
  • The authenticity of the post does need to be verified.
  • The judge should consider whether the post has probative value and whether it is relevant to the case against you.

The best advice if you are charged with a crime or believe you are a suspect is to stop using social media.

Pick up the phone instead and give us a call.

At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., our New Jersey criminal defense attorneys fight to exclude evidence that can be used against by bringing the appropriate legal challenges. To speak with an experienced trial litigator, please call us at (908) 561-5577 or fill out our contact form to arrange an appointment.

My Loved One’s Been Arrested in NJ What Do I Do Now?

Being charged with a criminal offense is a traumatic experience, including for the extended family of the accused. A conviction means they may lose their freedom, job, and the companionship of family and friends. Convictions normally stay on record forever unless they can be expunged.

To help your loved one and to help mitigate the damage, first find out where your friend or family member is being held. Next, call a criminal defense attorney for assistance and representation. Communicate with the attorney and take his or her suggestions on how you can best serve your loved one.

What will happen now and how a lawyer can help?

An experienced criminal lawyer will immediately work by:

  • Explaining your loved one’s Constitutional rights. Even though it’s a common saying, “you have the right to remain silent and that anything you say can be used against you,” many defendants feel the need to speak. An experienced attorney will inform the police and prosecution that no conversations should take place unless the lawyer is present. Most defense attorneys, unless a reasonable exception applies, will advise your loved one to stay quiet. The lawyer will also explain what the Fourth Amendment requirements are to search your loved one’s home, car, or private possessions.
  • Arranging for an arraignment and bail hearing and representing you at the hearing. New Jersey now requires that arraignments and bail hearings take place in 48 hours after the arrest. At the arraignment, your loved one will be advised of the criminal charges. At the bail hearing, the lawyer will present the best arguments for releasing your loved one on minimal bail (or no bail at all).
  • Reviewing and investigating what happened so that any defenses that can apply are properly heard. It is important to speak to witnesses as soon as possible while their memory is fresh. Experienced lawyers will normally hire investigators to examine the location where the crime is alleged to have occurred and investigate any evidence that can help exonerate your loved one.
  • Explaining the New Jersey criminal procedure process. The attorney will explain each stage of the criminal process including any hearings and motions that take place before the actual trial.
  • Negotiating on your loved one’s behalf. Many charges can be reduced or dismissed if the lawyer is experienced and understands which factual and legal arguments to make.

Even minor criminal charges can destroy reputations, result in jail time, mean significant fines, and cause severe emotional distress. Early intervention in cases by knowledgeable New Jersey criminal defense attorneys increases the changes that charges will be dismissed or reduced.

Let us help you. Call for a free consultation.

At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., we have six decades of criminal trial experience. Many of our lawyers worked as prosecutors, so we know how the other side thinks. We handle most types of criminal charges. For strong advocacy, please phone us at (908) 561-5577 or fill out our contact form to schedule a consultation. We see clients in jail if needed.

I Got Hit by a Drunk Driver… Now What?

Have you ever ended up in a car accident as the result of a drunk driver? Unfortunately, many people have been in the wrong place at the wrong time when an intoxicated person decided to make the dreadful decision to drive drunk. You may be wondering, “What now?” or even “Can I sue the drunk driver for the pain and suffering they caused me when I innocently was involved in the accident due to their negligence?” We have the legal answers for you!

The laws in New Jersey have been designed to protect the innocent victims that become entangled in the poor decisions of a person who decides to drive drunk. First and foremost, YES, the drunk driver can and will be persecuted in a criminal court. Additionally, you have the option to sue the defendant in civil court after the criminal case has concluded. The criminal charges the defendant will face in New Jersey criminal courts will result in imprisonment as well as monetary reimbursement and the results for your civil case are dependent upon the specifics of your personal case.

If you decided the route of suing the defendant in a civil court, there are two main types of negligence that will be examined regarding your specific car accident case:

Comparative Negligence

The first type of negligence a court willexamine in your case is referred to as Comparative Negligence. According to the State of New Jersey Department of Banking and Insurance, Comparative Negligence is defined as the way the court regulates the degree of responsibility both persons involved in the accident had on the date of the incident. The Comparative Negligence Act states that auto insurance companies must review the details of the accident and make the final determination of who was responsible for each individual aspect of the accident.

The specific details that auto insurance companies will be reviewing are the following:

  • Primary reason the accident occurred, i.e. running a stop sign, veering into next lane, etc.
  • Vaster responsibility of care, i.e. the person to the right has the right-a-way
  • Clear opportunity to avoid the auto accident, i.e. measures taken to evade the collision

Contributory Negligence

The second kind of negligence that will be taken into consideration is called Contributory Negligence. Contributory Negligence is the determination if a person was hurt due in part to their own negligence, in which they “contributed” to their own injury. For example, if a person is driving drunk but the person they hit was already crossing over the separating lane line, the person who was veering, in fact, contributed to the accident as well as the drunk driver. Some states have deemed this doctrine of law unfair and it is not as widely used as the Comparative Negligence doctrine.

Civil Suit Against Drunk Driver

After a drunk driver has been convicted in the criminal courts, you have the option to sue the defendant in a civil court. Criminal court is calculated to keep the public safe from a drunk driver as a means of deterrence of conducting a repeat offense. The drunk driver will serve the terms of punishment after convicted of the crime. Civil court is designed to allow the innocent victim to file an injury lawsuit against the defendant in order to recover damages from the accident. It is possible that you may be injured from the accident, which may result in a loss of wages, medical expenses, personal property damage as well as other damages. These wages are referred to as “compensatory damages”. There are other damages that may be recovered on the emotional front, also known as pain and suffering, that are referred to as “punitive damages.”

In order to get the process started, it is imperative to hire a credible and experienced attorney in the field of personal injury. Your selection of attorney(s) is your ultimate ticket to recovering any and all damages. Finding the most experienced attorney is crucial for enduring what could be a grueling process and painful regurgitation of the events that caused you injury as the innocent party. The process of a civil suit will go as follows:

File a Complaint- The injured party will file a complaint against the accused.

Provide Adequate Evidence- The plaintiff is mandated to provide enough credible evidence to prove the damages were directly caused by the actions of the defendant. The plaintiff will ask for either/or compensatory and punitive damages for loss of wage, car repair, medical bills, funeral bill, pain and suffering, etc. This evidence will need to be in the form of doctor’s notes, bills, pictures, report slips, employee certificates, etc. If the driver was killed in the accident, the heirs of the plaintiff will sue for wrongful death and ask to be awarded both compensatory and punitive damages on behalf of the decedent.

Defendant is insolvent- If the defendant does not have the means to pay the awarded damages, the plaintiff has all rights to seek payment from the defendant’s employer by making a claim against them if the accident occurred within the scope of duty, or “on the clock”. The employer is then mandated to take into consideration the offense and supervise the employee. If the plaintiff proves the employer did not show proper due diligence, the plaintiff or heirs of the decedent can file suit against the employer.

Lastly, the judge will take into consideration all the details and specificities of your case. After careful and thoughtful deliberation, and with the right attorney(s), you will be awarded the adequate damages needed to heal properly, regain lost wages, fix and/or replace your car, economic recovery and psychological pain and suffering relief. Do not get left out in the cold if you become the innocent victim of a drunk driving accident.

Contact the Law Office of Aiello Harris for your free consultation. We provide experienced counsel to assist you in your legal matters. We will fight for your rights!

Driving While Your License Is Revoked

Driving on the revoked list in New Jersey is a serious charge, and depending on the reasons for the revocation will determine the severity of the consequences.  For example, a driver’s license revocation as a result of an unpaid parking ticket is not nearly as serious as a driver’s license revocation as a result of a drunk driving or driving without an insurance charge.   If you depend on your driver’s license to get to work or school, only an experienced Revoked License attorney will be able to help.

Since most people rely so heavily on their driver’s license to support their livelihood, being a defendant in municipal court can be a nerve racking one,

Especially when faced with the prospect of losing your license for an additional period of time and/or even jail time.  Additionally, if you were pulled over when no one else in the vehicle possesses a valid driver’s license, your vehicle will most likely be towed and you will wind up having to call a friend or colleague to pick you up.  Unfortunately, the financial consequences of receiving a ticket of this nature will be felt immediately since there will be a towing fee and/or possible storage fee to retrieve your vehicle from the police impound yard.

Often times, when you receive a ticket for driving on the revoked list, you may not even be aware your license was revoked at the time your vehicle was stopped by law enforcement.  In these instances, a letter from the motor vehicle commission may have gotten lost in the mail or simply didn’t make it into your hands in time to be aware that your license was revoked.  By the time a driver is stopped by law enforcement, the damage is already done and they will be receiving a ticket for driving on the revoked list.

If you or someone you know was recently charged with driving on the revoked list in New Jersey, they need to speak with an experienced driving on the revoked list attorney who is familiar with the court procedures in New Jersey’s municipal courts.

The attorneys at the law firm of Aiello Harris have represented thousands of clients in the last few decades in New Jersey. The attorneys at Aiello Harris are available to speak with you 24 hours a day, 7 days a week regarding your driving on the revoked list charge.

Possible New NJ DUI Laws

New Jersey may have new driving under the influence (DUI) laws coming into effect soon. State Senators Nicholas Scutari and Jim Whelan and Assemblywoman Linda Stender introduced new NJ DUI legislation, S 385/A 1368, to have convicted drunk drivers prove their sobriety via an ignition interlock device before operating a car.

Currently, NJ law requires the installation of interlock devices for all repeat and first-time DUI convictions with a blood alcohol concentration (BAC) of .15 percent or greater. The new law would require a person convicted of their first DUI charge with a BAC of .08 percent to .14 percent to use an ignition interlock device for 3 to 12 months. However, it’s up to a judge’s discretion. A judge may deem a license suspension is more appropriate.

Additionally, the time of the ignition interlock device may be extended if the offender attempts to drive while drunk during the last one-third of the three to 12 month period.

At the current time, it is unlawful to operate a vehicle in New Jersey with a BAC of .08% or higher.

What is an ignition interlock device?

An ignition interlock device connects to a vehicle’s dashboard. Before starting the car, the driver must blow into the device, which detects the driver’s BAC. If the driver’s BAC is above the legal limit, the car will not start. Additionally, the interlock device may force the driver to blow into the device while he or she is driving to prove continuous sobriety while operating the vehicle.

According to the U.S. Centers for Disease Control, interlocks reduce repeat offenses by 67 percent.

First-time versus repeat offenders: New Jersey’s penalties

The penalties for repeat DUI offenders under current New Jersey state laws are significantly harsher. Additionally, the penalties are more severe if you are caught with a BAC of .10% or more:

First Offense

  • Three months license suspension
  • $250–$400 fine
  • $230 Intoxicated Driving Resource Center (IDRC) fee
  • $100 to drunk driving fund
  • $100 to Alcohol Education and Rehabilitation Fund (AERF)
  • $1,000/year (for 3 years) surcharge
  • $75 to Neighborhood Services Fund
  • Up to 30 days imprisonment
  • 12-48 hours of time at IDRC

First offense with a BAC of 0.10% or greater

  • Seven months –one year license suspension
  • $300–$500 fine
  • $230 IDRC fee
  • $100 to drunk driving fund
  • $100 to AERF
  • $1,000/year (for three years) surcharge
  • $75 to Neighborhood Services Fund
  • Up to 30 days imprisonment
  • 12-48 hours of time at Intoxicated Driving Resource Center (IDRC)
  • **For BAC of 0.15% or greater– ignition interlock device during license suspension and six months to one year after restoration

Second offense within 10 years

  • Two years license suspension
  • $500–$1,000 fine
  • $280 IDRC* fee
  • $100 to drunk driving fund
  • $100 to AERF*
  • $1,000/year (for three years) surcharge
  • $75 to Neighborhood Services Fund
  • 48 hours–90 days imprisonment
  • 30 days community service
  • 12-48 hours IDRC
  • Ignition interlock device during license suspension and 1-3 years following restoration

Third offense within 10 years

  • 10 years license suspension
  • $1,000 fine
  • $280 IDRC* fee
  • $100 to drunk driving fund
  • $100 to AERF*
  • $1,500/year (for three years) surcharge
  • $75 to Neighborhood Services Fund
  • 180 days imprisonment
  • Up to 90 days of community service
  • 12–48 hours IDRC
  • Ignition interlock device during license suspension and 1-3 years following restoration

A lawyer can help defend you against DUI charges. Make sure to enlist the aid of an experienced criminal defense attorney. Some of the best lawyers are former municipal prosecutors. It is critical that you speak with a knowledgeable and experienced attorney as they may be able to get your charge reduced.

About Christopher G. Aiello, Esq.

Christopher Aiello is a former municipal prosecutor, is an experienced New Jersey DUI lawyer.  Mr. Aiello has been practicing law since 1983.

Timothy Broking Named Top 40 Under 40 Attorneys by the National Trial Lawyers Association


The Law Firm of Aiello Harris congratulates attorney Timothy
Broking on being named Top 40 Under 40 Attorneys by the National Trial Lawyers Association for the second year in a row.  Mr. Broking was recently named partner in June 2014 and has been with the firm since 2006. In the first half of calendar year 2015, Mr. Broking has settled nearly $750,000 in personal injury and workers compensation settlements consisting of settlements in the amount of $110,000, $230,000 and $325,000 along with many others.

Among his other awards, Mr. Broking has been named Top 10
Best Attorney by the American Institute of DWI Attorneys and Top 1 per-cent Attorney by the National Association of distinguished counsel.   Mr. Broking’s achievements and accolades has earned him a perfect 10.0 attorney rating by the AVVO website rating community.
Mr. Broking is admitted to practice law in New Jersey, New York, the District of Columbia, the United States Court of Appeals for the Armed Forces, the United States District Court for the District of New Jersey, and the United States Supreme Court.

Visit Timothy Broking’s profile to read up on his bio and/or to contact him at the firm.

Contact Us

If you or someone you know requires legal assistance, contact our firm 24 hours a day, 7 days a week at 908-561-5577.  Our
attorneys are made up of certified civil trial attorneys and former prosecutors.  The law firm of Aiello Harris maintains several offices through North and Central New Jersey including offices in Bergen County, Essex County, Morris County, Somerset County and Middlesex County.

American Institute of DUI AttorneysThe National Top 40 Under 40 Trial LawyersThe National Trial Lawyers: Top 40 Attorney Under 40