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RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — "NOT GUILTY" VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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Truck Drivers Stand to Lose Plenty if Convicted of Drunk Driving in NJ

The life of a commercial truck driver isn’t easy. There are long periods of time spent alone on the open road as well as plenty of lifting when making pickups and deliveries. Truck drivers have to navigate congested local roads in big rigs and deal with rude car drivers who routinely dart in and out of lanes without regard for a truck driver’s safety.

All of that being said, when a truck driver gets pulled over and receives a traffic violation — whether it’s for speeding, inappropriate lane changes, failure to stop at a weigh station or even drunk driving — the stakes are far higher than for a car or motorcycle driver. Truck drivers with commercial driver’s licenses (CDL) are held to a higher standard according to New Jersey traffic laws.

If you or someone you love has received a traffic violation against their CDL, it’s imperative that you retain the services of an aggressive traffic ticket defense lawyer to fight your charges. If someone with a regular driver’s license gets their driving privileges suspended, they will be asking for rides and their quality of life will surely be impacted. However, when someone with a CDL loses their license, their ability to earn a living is severely impacted. Consider that if your paycheck depends on driving a truck and you are unable to legally make your deliveries, how will you pay your bills?

Here’s an example of the harsh consequences of one type of CDL violation. If you are charged and convicted of driving while intoxicated, in addition to hefty fines and possible jail time, these are the penalties you may face:

  • On a first CDL DUI/DWI offense, you will lose your driver’s license for one year
  • If you were driving a hazmat vehicle at the time of your arrest, you may lose your commercial driving privileges for three years
  • On a second DWI offense, the judge can opt to suspend your CDL privileges in New Jersey indefinitely

By the way, the standards for many charges, including DWI violations, are lower for CDL drivers. Case in point, the legal limit for CDL drivers in New Jersey is .04 percent BAC. The legal limit for other non-CDL drivers is .08 percent blood alcohol content.

Remember that you really don’t have choice when it comes to taking the Breathalyzer test. When you accepted your driver’s license in New Jersey, you gave informed consent. that means that you can be charged with refusal to take the breath test if, in fact, you don’t comply with the police officer’s request.

Don’t fight CDL DWI charges alone. Contact a knowledgeable lawyer who will protect your rights and fight for your driving privileges. Call John W. Tumelty today for a consultation about your CDL traffic ticket.

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