Biebelberg & Martin, LLC Attorneys at LawBiebelberg & Martin, LLC Attorneys At Law2026-06-16T20:46:49Zhttps://www.biebelbergmartin.com/feed/atom/WordPress/wp-content/uploads/sites/1503777/2023/10/cropped-Biebelberg-site-icon-c-32x32.pngOn Behalf of Biebelberg & Martin, LLC Attorneys at Law<![CDATA[Will a DWI charge result in a criminal record in NJ?]]>https://www.biebelbergmartin.com/?p=487702026-01-16T21:28:23Z2026-01-16T21:28:23Z Title 39:4-50. This means it carries some of the same penalties as criminal cases such as fines, license suspension or even jail time but it remains a traffic matter handled in municipal court without a jury.
What shows up on your driving record
A DWI conviction will still have lasting effects even though it is not a crime. It appears on your New Jersey Driver History Abstract, a record maintained by the Motor Vehicle Commission. Here’s what that means for your background and driving record:
Criminal record: A DWI conviction will not appear because it is not a crime under New Jersey law.
Driving record: A DWI conviction is permanently recorded on your Driver History Abstract.
Expungement: It cannot be removed or expunged since expungement applies only to criminal matters.
Background checks: It may still appear if an employer or agency requests access to your driving history.
Even though it is not a criminal conviction, a DWI conviction can still influence employment, insurance rates and professional licensing decisions.
When drunk-driving can lead to additional or even criminal charges
Certain circumstances may elevate drunk-driving from a motor vehicle offense to a criminal case. These scenarios involve separate charges under New Jersey’s criminal statutes:
Drunk-driving with child endangerment: Driving intoxicated with a minor in the vehicle may lead to child endangerment charges, a criminal offense.
Drunk-driving causing death: A crash resulting in serious harm can lead to vehicular manslaughter charges.
Drunk-driving while suspended for DWI: Repeated violations may result in criminal penalties including fines and jail time.
Each of these situations turns a standard DWI into a more serious or even criminal matter.
What your next options could be
Because DUI laws in New Jersey have complex penalties and lasting effects, you may benefit from reviewing your case with an experienced defense attorney. An attorney can explain how your charges are classified, what evidence the state must prove and whether any aggravating factors could lead to criminal charges.]]>On Behalf of Biebelberg & Martin, LLC Attorneys at Law<![CDATA[Field sobriety tests and DWI charges in New Jersey: What do I need to know?]]>https://www.biebelbergmartin.com/?p=487542025-08-14T19:17:05Z2025-08-14T19:17:05ZWhat is a field sobriety test?
Law enforcement use these tests to help evaluate a driver's physical and cognitive abilities. These tests aim to identify signs of impairment due to alcohol or drugs. In New Jersey, officers typically administer three standardized tests:
Horizontal Gaze Nystagmus (HGN): This is generally the first test, and it involves tracking eye movements. The officer who conducts this test will watch the driver’s eyes follow an object from side to side, such as the officer’s finger. Ideally, the driver’s eyes will smoothly follow the object. Any jerking movement of the eyes can be used against the driver as evidence of potential impairment.
Walk-and-Turn: Officers use this test to check a driver’s balance and coordination. The driver must walk along a line, turn, and return while following specific instructions.
One-Leg Stand: This test evaluates balance. The officer will ask the driver to balance on one leg while counting aloud for a set period and note if the driver hops, puts a foot down, sways their arms or uses their arms for balance.
Various factors can affect the outcome of these tests, such as medical conditions or environmental factors.
What happens if I fail a field sobriety test?
The prosecution will likely attempt to use this as evidence of impairment. Defense attorneys can counter this attempt, questioning the accuracy of the test. Factors like improper administration or external conditions can affect results.
Field sobriety tests play an important role in DWI cases in New Jersey. They provide law enforcement with a method to assess impairment and gather evidence. However, their results are not infallible and you can challenge them in court.]]>On Behalf of Biebelberg & Martin, LLC Attorneys at Law<![CDATA[What is required to prove a breach of contract in New Jersey?]]>https://www.biebelbergmartin.com/?p=486942024-08-22T22:22:45Z2024-08-22T22:20:32Zcontract dispute lawsuits have the authority to terminate contracts, enforce contractual arrangements or award one party damages due to a breach of contract.
How can a plaintiff expecting to pursue a lawsuit establish that a breach of contract occurred?
Documenting non-performance
Typically, contracts include specific requirements imposed on each party to an agreement. One party may need to render payment by a certain date, while the other may need to deliver goods or perform services. A breach of contract lawsuit is possible any time one party has evidence that another has not fulfilled the terms of an agreement.
Classifying the contract breach
Those initiating a breach of contract lawsuit typically need to bring very clear claims and support. They need to gather evidence that a breach occurred and also classify the breach of contract. There are four different types of contract breaches possible.
A material breach of contract involves a supplier delivering goods that differ from what a company purchased. Material breaches could also involve services that do not conform to contractual standards. An anticipatory breach of contract involves a scenario in which one party expects that the other may soon violate the agreement, often because they provide advance notice of an expected delay.
Requesting specific solutions
As previously mentioned, judges have the authority to terminate a contract, thereby ending the working relationship between those embroiled in the dispute. They also potentially have the authority to enforce the contract by ordering specific performance. A judge or jury could award a plaintiff financial damages for the economic impact that a breach of contract has had on one party. Typically, those pursuing a breach of contract case need evidence of the breach and also need to request a specific solution from the courts.
Properly preparing for a breach of contract lawsuit involves gathering evidence and reviewing the agreement between the parties with an attorney. Those who carefully prepare for contract litigation may be in a better position to obtain favorable results regardless of whether their case goes to trial or settles.]]>