Stephen A. Gravatt, Esq.
Attorney
565 NJ 35
Middletown, New Jersey 07748
Cellphone no.: (732)-337-7922
email: pipking@comcast.net
An experienced DWI or DUI lawyer will advise you that one who operates a motor vehicle while intoxicated (impaired) by “intoxicating liquors” (alcohol) and/or “hallucinogenic drugs (CDS) on the roads of New Jersey acts in violation of N.J.S.A. 39:4-50, New Jersey’s DWI-DUI Statute. An attorney knows that the State’s definition of “impairment” is a complex topic which confounds many inexperienced attorneys. I have dealt with this topic in previous DWI-DUI blog articles, but for purposes of this article let us assume that the lawyer has determined that the suspect is indeed operating his or her motor vehicle while impaired.
As a practicing attorney it has been my experience that most people understand that operating a motor vehicle while impaired by alcohol or drugs is illegal and constitutes a serious offense by itself, which would, if convicted, expose one to monetary penalties, loss of driver’s license, possible jail time. As an experienced criminal lawyer will tell you, DWI or DUI in many states is charged as a criminal offense. As a New Jersey lawyer, however, I can advise that DWI and/or DUI (standing alone) is a Title 39 offense, i.e., not a criminal offense.
But as an attorney I can advise that in addition to DWI or DUI one can be charged with commission of acts that are criminal as a result of driving a motor vehicle while impaired by alcohol or drug consumption. Every criminal lawyer knows that operating a motor vehicle while impaired and simultaneously transporting children passengers can constitute a criminal offense.
CAN ONE WHO IS OPERATING A MOTOR VEHICLE WHILE INTOXICATED OR IMPAIRED ALSO BE CHARGED WITH CRIMINAL CHILD ENDANGERMENT?
Yes. Any lawyer familiar with DWI or DUI matters has at one point in his or her career handled a case for a client in which the client was operating a motor vehicle with an elevated blood alcohol content and doing so while minors were passengers in the vehicle.
AS and experienced criminal lawyer will advise N.J.S.A. 2C:24-7.1A(2), N.J.S.A. 4-50.15B, make it a criminal offense to operate a motor vehicle while intoxicated (impaired) if minors (children) are passengers in the vehicle.
Lawyers also know that 2C:24-7.1A(1) makes it a criminal offense to knowingly operate a motor vehicle in a manner which creates a substantial risk of serious bodily injury to a minor. This offense can be charged as a second degree, third degree or fourth degree crime.
Attorney also knows that 2C:4-50.15B makes it a criminal offense to operate a motor vehicle while under the influence of alcohol while simultaneously having a minor (child) passenger in the vehicle. This offense is charged as a disorderly persons offense, i.e., a criminal offense that does not rise to the level of a felony.
If you are charged with any of these offenses you need an experienced lawyer to defend.
IN ADDITION TO LOSING MY DRIVER’S LICENSE FOR DWI-DUI, WHAT OTHER EXPOSURE MIGHT I HAVE?
As an experienced criminal attorney putting this in perspective, if convicted of a second degree offense, sentencing guidelines call for imposition of monetary penalties of up to $150,000.00, plus jail time (per count) of not less than five (5) years nor more than ten (10) years, and a felony criminal record. On a third degree offense, if convicted, monetary penalties of up to $15,000.00, plus jail time of three (3) to five (5) years in the discretion of the court and a felony criminal record. On a fourth degree crime, if convicted, monetary penalties of up to $10,000.00 plus jail time of one (1) year to 1.5 years and a felony criminal record.
Lawyers also know that if convicted of a disorderly persons offense, the court may impose a fine of up to $1,000.00 per count, plus jail time of up to 180 days per count and a disorderly persons criminal record.
Additionally attorneys know that there would be a separate criminal charge for each minor passenger in the vehicle.
HOW DOES THE COURT DECIDE, IF CONVICTED, WHAT THE SENTENCE SHOULD BE?
As an attorney who has experience with these offenses, my experience has been that the gradation of the offense charged is based upon factors such as blood alcohol content levels, i.e., level of impairment for alcohol cases, or type of drug ingested for CDS-drug DWI-DUI. Another factor to be taken into consideration would whether when apprehended, the operator of the vehicle had been stopped for engaging in additional reckless conduct such as excessive speeding, failing to stop at signal or stop sign, driving the wrong way up a one way street, weaving in and out of lanes, etc… Prosecutors are State’s attorneys and judges were once State’s attorneys. In evaluating conduct each of them scrutinizes the facts of each case with lawyer like standards.
The question for any lawyer evaluating this sort of case is: How reckless was the operator’s conduct? How reckless was the conduct in terms of safety to the minor passenger(s)?
Just putting my experienced attorney hat on, if one knows, or should have known, one was intoxicated (impaired) beyond the lawful limit (because you had four (4) martinis in one evening), the prosecutors who are State’s attorneys and the judge who is an attorney consider operating a motor vehicle under those circumstances to be reckless conduct because highly impaired drivers cause collisions and children passengers are needlessly put at risk of injury by that conduct. On the other hand, if one only had two (2) beers and subsequently got behind the wheel of a vehicle but were subsequently found to be guilty of a lower tier first time DWI or DUI, e.g., borderline impaired, that circumstance might not be considered so egregious because one’s lawyer may successfully argue that one may reasonably have believed one was not actually impaired at the time of operation, even though subsequent Alcotest machine testing determined that one was technically legally impaired while operating the motor vehicle.
The lawyer in me needs to “pound the table” as to why the conduct is so reckless as to constitute criminal conduct. If in addition to those facts, one injects into the equation the presence of innocent children in the vehicle, particularly children that did not have to be in the vehicle, and that the impaired driving poses an increased risk that the children could be injured, most prosecutors who are State’s attorneys and most judges who are also attorneys would agree that the disregard of the risk constitutes criminal endangering.
DO I NEED TO RETAIN A LAWYER IF CHARGED WITH ENDANGERING?
Yes. You definitely need an experienced criminal lawyer to defend you. The police are required to make a written police report of the entire incident any time there is a DWI or DUI. Their job is to find violations of the law and to document them so those violations can later be proved beyond a reasonable doubt. You likewise need an experienced criminal attorney who can competently challenge the veracity and the accuracy of their allegations and take positions which mitigate the charges.
AS an attorney I recently defended a case in which my client blew a .20 plus (blood alcohol content reading) and was apprehended with two (2) children ages 6 and 8 in the vehicle. He/she was charged with DWI-DUI plus two (2) Counts of 2nd degree endangering.
This individual was going through a very trying time in his/her life before the event and just was not aware of the gravity of the sentence if convicted. As his/her attorney I was able to evaluate the matter and explain his/her risk for losing custody of the children, losing his/her career, facing minimum five (5) years up to ten (10) years State prison for each Count in addition to losing his/her driver’s license and the imposition of monetary penalties.
Because I am an experienced criminal lawyer I was able to ultimately obtain a downgrade of the charges to non custodial probation (no jail time) and no criminal conviction, with mandatory alcohol counseling/treatment. There was no loss of custody and he/she was able to keep his/her employment. However, he/she also had to plead to a first time DWI-DUI and lost his/her driver’s license for seven (7) months.
HOW CAN I RETAIN YOU?
If you have been charged with DWI-DUI plus an additional criminal offense of any kind, you need to be represented by an attorney with experience in these matters. Please contact me for a free initial consultation and an in depth analysis of your exposure. I will craft a no nonsense strategy to defend you against all charges, provided I am retained to do so. (732)-337-7922
