There has been much in the press recently about police being required to wear body cams. For those who do not know, these are devices that record both audio and video and digitally save that data to a digital storage device carried by the officer. This is then downloaded at the end of an officer's shift and is kept for a period of time, especially if a crime was investigated...

It has become commonplace in many parts of the country. Most states have some sort of checkpoint program in place where state or local police set up what are called checkpoints. July 4th is one of the weekends when you can bet checkpoints will be set up. It is common knowledge, what they are, but in case you are not aware, a checkpoint is a place, usually on a well-traveled...

It is obvious that nobody should ever operate a motor vehicle or any type of machinery if they are under the influence of alcohol or any other substance. Many people believe that the worst that could happen from drinking and driving is that they swerve a bit while driving or they momentarily may cross over into the shoulder.The truth is that drinking and driving can result not only in...

A recent case in New Jersey brings to light a common misconception among the public. Many people think that if you are simply sitting in your car, and it is parked, that you are not "operating" a motor vehicle and therefore cannot be charged with DUI. This is not the case. A major factor is being on a public road. Another major factor is probable cause.The background of the...

In New Jersey, a defendant argued, upon being charged with a third DUI, that their second DUI conviction should be vacated on the grounds that they were not advised as to the harshness of fines and penalties for those convicted of a third DUI offense.The court determined that failure to provide defendants with notice of future DWI violation penalties, as required by the law, does not prevent a court from...