What You Need to Know About NJ’s New Drunk Driving Penalties

Aretsky Law Group — Thu, 05 Dec 2019 17:17:13 GMT

On December 1, New Jersey introduced a new law governing penalties for drunk drivers.

About the Regulations

The new regulations limit suspensions for first time offenders with a BAC below .15%. Instead, these drivers must install in-car breathalyzers that prevent vehicles from moving if the driver has a BAC of .05% or more. This protocol is in place for three months until a year, depending on the specific case.

There are different regulations that govern drivers who are convicted of DWI with a BAC above .15%. These drivers are subject to a suspension of their license for up to six months. Furthermore, they must install the in-car breathalyzer for up to an additional fifteen months, depending on the specific case.

A Departure from NJ’s Previous System

The new laws break from the state’s former system because they require in-car breathalyzers for drivers with a BAC below .15%. This policy is similar to those that other state jurisdictions have initiated. In fact, New Jersey will be the 34^thstate to adopt a “all offender” policy once the law goes into effect on December 1^st.

State Senator Nicholas Scutari spearheaded the initiative, citing a need for both behavior change and increased protection of the state’s motorists. Advocates of the new law note that is does not suspend offenders with a BAC of below .05%, which is expected to increase the effectiveness of the policy. Since full-suspension of driving privileges usually interferes with the motorists ability to get to work, the new policy allows drivers to get to work on time if they are able to comply with the regulations of the in-car breathalyzer.

Additional Benefits

This policy also expedites the process of license restoration for those with less than .15% BAC. Furthermore, the ignition interlock technology is advanced enough to provide state agencies with enough data every two months about the driver’s BAC.

Our Expertise

Our team at Aretsky Law Group is here to help you or a loved one navigate this new regulation. As leaders in car accident law, we can also help you or a loved one if you are injured as a result of a car accident or intoxicated drivers. If you are a plaintiff suing the negligent party, keep in mind that you won’t be able to file a lawsuit against your opponent after two years have passed since the date of the accident. This occurs due to New Jersey’s statute of limitations regarding car accident lawsuits. This policy is in alignment with the policies of many other states. Furthermore, similar to other jurisdictions, the state of New Jersey applies a damages cap which limits the amount of damages that may be awarded to the plaintiff in a car accident case. Only in serious cases of malicious wrongdoing, punitive damages may be awarded in addition to other damages. Different than compensatory damages, punitive damages are those charged to the defendant in order to deter future behavior. However, in the case of a New Jersey car accident lawsuit, these punitive damages are limited to five times the amount of compensatory damages OR are capped at $350,000. The sum that is the largest is usually awarded.

As with other personal injury cases, New Jersey applies the modified comparative negligence standard. So long as you are not more than 50 percent at fault, you’re able to recover damages reduced by the percentage of your fault. However, if you were more than 50 percent at fault, you will not be able to collect any compensation. At Aretsky Law Group, P.C., we have a competent team of Bergen County personal injury attorneys who understand the breadth of legal research involved and are willing to do everything possible to help you receive just compensation from your accident.

New Jersey Town Reduces Speed Limits, Citing Public Safety

Aretsky Law Group — Thu, 01 Aug 2019 00:28:52 GMT

Following a spike in the number of pedestrian strikes and personal injuries, North Haledon in Passaic County recently reduced speed limits on numerous roads in mid-February. The new ordinance dictates speed limit reductions on Belmont Avenue, High Mountain Road, North Haledon Avenue, and Squaw Brook Road.

Despite adequate notice being provided to local motorists, speeding violations have increased significantly since the ordinance was put into effect nearly six months ago. In fact, the amount of speeding tickets issued on those roads has increased from 13 to 148 during the year. Drivers who are issued speeding tickets typically pay between $85 and $420 in fines, depending on the particular incident and its severity. Contrary to assumption, these fees are usually allocated amongst the municipality, county government, and state government.

Officials reiterate that safety is the cornerstone of this new ordinance, citing over 200 car accidents in a 1.2 mile radius. Last year, an elderly man was hit on the road’s busiest stretch, and was seriously injured. Despite hospitalization, he has never recovered fully and still suffers from these personal injuries.

Car accident injuries prompted a New Jersey town to decrease speed limits.

Hopefully, these revised ordinances will help to reduce car accident related personal injuries for New Jersey’s residents. As a reminder, New Jersey follows a no-fault insurance system for car accident injury lawsuits. In this system, the victim’s insurance company must cover medical expenses. While this allows for timely reimbursement for out-of-pocket medical bills and other expenses, there are some limitations as well. For example, only in the most serious injuries can the victim sue for pain and suffering in addition to other pecuniary damages.

In the state of New Jersey, most residents purchase either a standard or basic insurance policy. There are several distinctions between these two policies. A standard insurance policy is typically more comprehensive, and allows for coverage of multiple options with the ability to purchase additional protections if necessary. On the other hand, a basic policy is more limited in its scope of coverages, and is therefore typically better suited for an individual with less assets and dependents. For example, under a typical New Jersey basic insurance policy, bodily injuries are not included, but usually can be added as an option with up to $10,000 in coverage for all persons.

If you or a loved one is injured in a car accident, our team of experienced car accident and personal injury attorneys at Aretsky Law Group P.C. recommend the following protocol to secure your assets and legal rights:

Immediately call your insurer to report factual information about the car accident.
Report the accident to local police and request a copy of the official report that the officer has filed.
Seek the help of a medical professional, even if you are not experiencing immediate pain following the accident.
Exchange information with the other driver in order to maintain honest communication.
Transcribe any information from the accident, either through writing or if possible, using a voice recorder device or smartphone.
Contact a reputable car accident attorney at Aretsky Law Group P.C.

At Aretsky Law Group, P.C, our team of experienced car accident and personal injury attorneys have the experience to help you or a loved one navigate the complexities of New Jersey car accident insurance policies and lawsuits. Our team has experience working with a variety of car accident types, including hit and run auto crashes, drunk and distracted driving lawsuits, rear-end collisions, T-bone collisions, and head-on collisions. As a reminder, there is a two year statute of limitations on car accident law in the State of New Jersey, so it is advised to pursue your lawsuit as soon as you and your family are ready.

Car Accident Law - Aretsky Law Group, P.C.

What You Need to Know About NJ’s New Drunk Driving Penalties

New Jersey Town Reduces Speed Limits, Citing Public Safety