Residents: Don't Go it Alone in Your DUI Case.

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Residents: We Can Help You Avoid DUI Conviction

Vineland New Jersey Residents: A Moving Violation is NOT a DUI!

Fred, Construction Worker

I knew as soon as the charges came down that my future as a heavy machinery operator was at risk. Fortunately, a buddy of mine told me about Dwi-Legal-Defense.com and they were able to get the charges dropped and my record cleared. What a relief.

Vineland New Jersey A DUI or DWI conviction could skyrocket insurance rates for Drivers!

Wayne, Director

I was stopped at a checkpoint on the way home from a cast party and I didn’t think I had that much, but apparently the breathalyzer showed me over the limit. Dwi-Legal-Defense.com looked into it and found out that the equipment was malfunctioning all night. Great attention to detail!

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Information for Vineland, New Jersey

Vineland, city, Cumberland county, southern New Jersey, U.S, about 35 miles (56 km) south of Philadelphia, Pennsylvania. It lies along the Maurice River (there dammed for flood control and drainage). Thecommunitywas established in 1861 when Charles K. Landis purchased a 32, 000-acre (12, 950-hectare) tract of land and brought in settlers from New England and Italy. In 1864 Vineland became part of Landis township. It was incorporated in 1880 as a borough and became a city in 1952. Vineland is a market centre for a truck-farming and poultry raising region and has diversified manufactures, notably glass, chemicals, and clothing. Institutions include the Training School at Vineland (1888), the New Jersey Veterans Memorial Home at Vineland (1900), and Cumberland County College (1963). Pop. (2000) 56, 271; Vineland-Millville-Bridgeton Metro Area, 146, 438; (2010) 60, 724; Vineland-Millville-Bridgeton Metro Area, 156, 898.

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Vineland - A DUI Conviction Can Leave You Bankrupt Articles

Elements of a DUI Offense

Just about everyone's got a DUI story these days, and there seem to be as many contradictory rules around drunk driving as there are tales of woe. The fact is that many jurisdictions define driving under the influence differently. Even so, there are many common elements and overlapping definitions. Here's a broad overview of how DUI is defined and what authorities must generally prove to get a DUI conviction.

Definition of Drunk Driving
Most state laws define crimes of drunk driving as driving a motor vehicle on a road or highway while under the influence of alcohol. This can mean that you have driven poorly, even if your blood-alcohol concentration (BAC) is low. Newer statutes also provide for what is called a 'per se offense,' which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent. This means that even if you have driven perfectly, you can still be charged with driving under the influence.

The 'Driving' Element of DUI Laws
Several state statutes require a person to be driving a vehicle in order to be convicted of a drunk driving offense. Other states use the terms 'operating a vehicle' or 'being in actual physical control of the vehicle.' These terms are not normally synonymous, so it is important to determine how an individual state defines the term in its laws.
A number of questions may arise that relate to the 'driving' element of a drunk driving offense. For instance, a person may be in a car without turning on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using the vehicle as a temporary shelter. Courts in various jurisdictions have identified several factors that may be used to determine whether someone has been driving a vehicle. These are generally:

The location of the vehicle (on or off roadway);
The location of the driver (where in the vehicle);
The location of the keys in the vehicle (in or out of the ignition); and
The operability of the vehicle (could the vehicle be driven).

The 'Under the Influence' Element of DUI Laws
Officers generally use three types of evidence to determine whether a driver was under the influence: field evidence, driver evidence, and blood-alcohol evidence. Field evidence is normally collected by police officers and may fall into one of five categories:
Testimony regarding the driver's unusual driving;
Testimony regarding the driver's conduct or physical appearance;
Testimony regarding the defendant's performance during a field sobriety test;
Tapes, film, and/or photographs taken at the scene where the defendant was driving and/or arrested; and
Incriminating statements made by the driver.

Police officers will often look at the driver's physical appearance and symptoms of drunk driving in order to determine if there is evidence that the driver is intoxicated. The following are some of the more common symptoms of intoxication:
The defendant's clothes are disheveled;
The defendant has not shaved or combed his or her hair;
The defendant's eyes appear to be red, glassy, or bloodshot;
The defendant's face appears to be flushed;
The defendant's breath smells like alcohol; or
The defendant's speech is thick and slurred.

Finally, the defendant's BAC level can be determined through one of three methods. The most common of these methods involves an analysis of the defendant's breath. Other tests analyze the blood or urine of the defendant. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys may be able to successfully attack the methods by which the defendant's BAC was analyzed. While a driver can refuse certain BAC tests, there can be serious penalties for refusal.

Have an Attorney Review Your DUI Case for Free
The details of driving under the influence elements can be difficult to figure out. If you have been arrested or charged with DUI, you likely will benefit from the assistance of an experienced attorney. Although lawyers are not cheap (they provide a valuable service, after all), you can have your DUI case reviewed today at no cost to you.

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You Need the Best DUI Representation. Experienced DUI attorneys.

 

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Personalized DUI Defenses built on the most relevant case law. Residents: Learn More about Your DUI Defense options here.

 


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Closely Related Topics: A DUI Conviction Can Leave You Bankrupt

Related Statewide Reading Topics: New Jersey - A DUI Conviction Can Leave You Bankrupt

 

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