The Consequences of Refusing to Take a Breathalyzer Test

Breathalyzer test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is one of the many tests that police officers use to take drivers suspected of being under the influence into custody.

Most states have implied consent laws regarding these types of tests. This means that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer and other tests, whenever necessary, to determine impairment. However, many people refuse to take this test.

Refusing to take a Breathalyzer test can result in serious consequences. Your driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and you may face a jail term for not submitting to a BAC test when suspected of a DUI. Drivers with past DUI convictions can face even longer suspensions or jail time.

Refusing a Breathalyzer test is not advisable because prosecutors may still base a potential DUI charge on other evidence collected at the scene, such as officer observations, witness testimony, or the results of a field sobriety test. The refusal may also be used against you in a future trial.

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New Jersey has extremely tough laws for refusing to take a Breathalyzer test. The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Slideshow | Penalties for Driving Without a License in New Jersey

In New Jersey, driving without a valid license is a criminal offense and may lead to serious consequences. Driving without a prior license can lead to a fine of up to $500 and imprisonment for up to 60 days. The person will be ineligible for a license for 180 days. Driving without a license with proof of a prior license may lead to a fine of up to $500 and imprisonment for up to 60 days. If you have been charged with driving without a license in New Jersey, let our experienced criminal defense attorneys pursue the best possible outcome in your case. Call (800) 889-3129

Penalties for Driving Without a License in New Jersey

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What To Do If You Are Falsely Accused of Domestic Violence

False domestic violence accusation

Domestic violence is a serious crime, and false accusations can have serious consequences. It can affect every aspect of a person’s life, including his or her reputation. If you have been falsely accused of domestic violence, there are specific things to do to protect your freedom and reputation. Here are some tips from the domestic violence attorneys at The Law Offices of Joel Silberman, LLC, on what to do after you have been falsely accused of domestic violence:

Seek legal help:

This is one of the most important things to do. An experienced domestic violence attorney can help you through every step of the legal process leading up to the trial. Your lawyer will have the knowledge and skills to thoroughly review the case and determine which legal options will result in the best outcome.

Inform family members about the false accusation:

It is not uncommon for family members of the alleged victim to turn against the loved one accused of the crime. Inform your family members about your ex partner’s accusations. It will prepare them for the worst and encourage them to believe your side of the story.

Do not meet your ex partner without a witness:

If circumstances force you to come into contact with you ex partner, do not meet him or her alone. Make sure you have a witness present and if possible, meet him or her in a public place. Having a witness present can help avoid another false allegation by your ex partner.

Avoid behavior that can be used against you:

While you are in court, do not engage in arguments with your partner, joke about violence or suicide or act out aggressively. These actions will make you look as if you are violent, short-tempered and unstable in front of the judge.

Make decisions with a clear head:

False accusations of domestic violence can prompt you to make decisions that you may regret later. Make all decisions with a clear head. Unreasonable decisions may have consequences on your freedom and reputation. Contact your attorney to ensure that you are making the right decisions.

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If you have been falsely accused of domestic violence, you should speak with a domestic violence attorney right away. An experienced domestic violence attorney will provide invaluable guidance throughout your case while protecting your fundamental rights. At the Law Offices of Joel Silberman, LLC, we defend the rights of people falsely accused of domestic violence. We can help you too. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Video: Suing a Police Officer for Excessive Force

Excessive force is the use of force by a police officer that is disproportionate to what a reasonable police officer would use under similar circumstances. A person who has been a victim of excessive force may have a viable claim against the arresting officer. However, he or she will need video footage to prove the case. Victims of excessive force are entitled to monetary damages to compensate them for the injuries they have suffered. If you or a loved one has been physically hurt due to the excessive use of force by a police officer, we can help you seek justice. Call (800) 889-3129.

Driving Without a License in NJ

Driving without a license

Driving without a valid license is a criminal offense in New Jersey and may lead to serious consequences. Driving without a license may mean that you have a driver’s license but it was not in your possession, or that you never applied for a license, or that your license has been cancelled, revoked or suspended by the authorities.

Under the New Jersey motor vehicle law, no person is allowed to drive a motor vehicle without a basic driver’s license or probationary driver’s license issued by the Department of Motor Vehicles. When a person is caught driving without a valid license, he or she may face serious penalties. Similarly, if a person has allowed an unlicensed driver to use his or her vehicle, that person may also face serious fines.

Penalties for Driving Without a License in NJ

Driving without a license in New Jersey may lead to the following fines and penalties:

  • Driving with no prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days. The person will be ineligible for a license for 180 days.
  • Driving without a license with proof of a prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days.
  • Violating a restriction on a conditional license: May lead to a fine of up to $100 and imprisonment for up to 30 days.
  • Lending your driver’s license: May lead to a fine of up to $500.
  • Allowing an unlicensed driver to drive your vehicle: May lead to a fine of up to $500.

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If you have been charged with driving without a license in New Jersey, let our experienced criminal defense attorneys help you. We have the knowledge and experience to pursue the best possible outcome in your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Slideshow | Excessive Force by Police

Excessive force is the use of force by a police officer that is disproportionate to what a reasonable police officer would use under similar circumstances. Victims of excessive force are entitled to monetary damages to compensate them for the injuries they have suffered. If you or a loved one has been physically hurt due to the excessive use of force by a police officer, we can help you seek justice. Call (800) 889-3129

Excessive Force by Police

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How a Criminal Defense Attorney Can Help You

Criminal Defense Attorney

Many people think that once you have been charged for a criminal offense, there is not much that a criminal defense attorney can do to reduce the sentence. However, hiring an experienced attorney could be in your best interest. Not only can an attorney get your sentence reduced and protect you from additional charges, but they can also help get your case dismissed.

Having to deal with the police or the prosecutor may not be easy if you are on your own. You may be vulnerable to being treated unfairly or taken advantage of by other parties. Moreover, if you are not an experienced attorney, you will not know the full extent of the legalities involved in your case. If you have a knowledgeable criminal defense attorney to represent you, he or she will make sure that you are treated fairly and that the laws and statutes work for you to reduce your sentence or have your charges dismissed altogether.

If you are considering representing yourself, remember that if you are not familiar with the law and the legal system, you may end up incriminating yourself. With an experienced attorney by your side, you can rest assured that no such mistake will happen and that you will be represented to the fullest extent possible. Even when it comes to facing the representatives of the justice system such as the prosecutor, judge and other officials during your trial, you will always be at an advantage if you hire a criminal defense attorney who is familiar with all the proceedings.

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At The Law Offices of Joel Silberman, LLC, no case is too big or too small. Whether you have been issued a summons for municipal court or you have been charged with a first degree offense, you will receive the same aggressive and hard-hitting representation. If you are faced with a criminal charge and need legal representation, call (800) 889-3129 or email at joel@joelsilbermanlaw.com.

Excessive Force by Police

Excessive force by police.

Excessive force is the use of force by a police officer that is disproportionate to what a reasonable police officer would use under similar circumstances. The law allows police officers to use whatever force is necessary to make an arrest or defend themselves. However, they are also required to use their best judgment in determining how much force should be used in the heat of the moment.

The amount of force police officers can use depends on the circumstances of the arrest, such as:

  • The severity of the alleged crime
  • Whether the person poses a direct threat
  • Whether the person is resisting arrest

Under the Civil Rights Act of 1871 (42 USC 1983), people have the right to be free from violations of their constitutional rights by government officials. Use of more force than is reasonably necessary leads to a violation of a person’s fourth amendment rights. The fourth amendment protects people from unreasonable searches and seizures.

Instances of Excessive Force by Police Officers

  • The use of physical force against a person already in custody and not resisting arrest
  • The use of a weapon against an unarmed person
  • The use of threat to force a person into providing information or confessing
  • The use of repeated force or the use of a weapon when a person is already subdued

Suing a Police Officer for Use of Excessive Force

A person who has been a victim of excessive force may have a viable claim against the arresting officer. However, to sue a police officer, a victim must provide sufficient evidence. The following are two important pieces of evidence:

  • Video footage of the incident where excessive force was used: This is important because police officers generally have more credibility than the person arrested.
  • A significant and serious injury suffered by the victim: It is important to note that if a person has suffered a significant injury but the officer establishes that the use of force was reasonable, the person arrested may not be able to sue the officer.

Contact Us

Victims of excessive force are entitled to monetary damages to compensate them for the injuries they have suffered. If you or a loved one has been physically hurt due to the excessive use of force by a police officer, call (800) 889-3129 or email at joel@joelsilbermanlaw.com

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