Wednesday, April 21, 2010

Who the heck am I anyway?

EDUCATION
SETON HALL UNIVERSITY SCHOOL OF LAW Newark, NJ
Juris Doctor, May 2001
• Member, Criminal Law Society.
• Accepted into and participated in Juvenile Justice Clinic, Spring 2001.

KING’S COLLEGE Wilkes-Barre, PA
Bachelor and Arts in Political Science, 1997
• 3.74 GPA, Graduated Cum Laude.
• Recipient, John F. Kennedy, Jr. Award for Political Science.
• Dean’s List Scholar, 1995-1997.
• Elected member of the Political Science and Foreign Language Honor Societies.

WORK EXPERIENCE

NUZZI & MASON, LLC Dover, NJ
July 2005 to Present Associate Attorney
• General practitioner specializing in criminal and civil defense in federal, state and municipal courts, including trials, pleas, sentences, motion practice and constant correspondence with federal, county and municipal prosecutors and civil adversaries.
• Engage in civil discovery process and motion practice.
• Represent Law Enforcement in administrative proceedings.
• Research, write and argue Appellate Briefs before the Appellate Division on both civil and criminal matters.
• Covered Belleville Municipal Court as Municipal Public Defender during Firm’s appointment in 2008-2009.
• Represent underprivileged clients as a pool attorney for the Morris and Sussex County Public Defender’s Offices.
• Named a Super Lawyers “Rising Star” in 2009 and 2010 by Law and Politics Magazine (NJ Monthly)

MORRIS COUNTY PROSECUTOR’S OFFICE Morristown, NJ
September 2002 to July 2005 Assistant Prosecutor
• Member of Trial Team Unit that appeared in Court on daily basis and handled bail hearings, Early Disposition Conferences, Arraignments, Pre-Trial Conferences, Motions, Trials, Pleas and Sentences.
• Researched and wrote briefs in support of legal arguments for various motions and participated in hearings for said motions with testimony
• Researched, wrote and argued Appellate Briefs before the Appellate Division.
• Presented cases to the Grand Jury.
• Prepared both civilian and law enforcement witnesses for testimony in trials, motions and Grand Jury proceedings.
• Co-Authored “Municipal Prosecutor Manuel” for Morris County Municipal Prosecutors in 2003.
• Performed duties as the liaison between the Municipal Prosecutors and the County Prosecutor’s Office from 2002 to 2003.

HON. B. THEODORE BOZONELIS, A.J.S.C. Morristown, NJ
August 2001 to September 2002 Law Clerk
• Performed extensive legal research in criminal law for the Presiding Criminal Judge.
• Drafted memoranda on a wide variety of criminal motions, as well as Municipal Appeals.
• Made sentencing recommendations to Judge.
• Helped formulate jury instructions for certain offenses and/or issues.
• Mediated Small Claims and Landlord Tenant Disputes.

It only gets worse for DWI offenders...

On January 14th, 2010, the New Jersey Driving While Intoxicated statute was amended yet again in effort to make offenders' lives more difficult. It changed the requirements for the use of ignition interlock devices by offenders who have been convicted of drunk driving and refusal to submit to a breath test.

An ignition interlock device is an instrument that is installed on a vehicle by an individual other than you (i.e., somebody who is licensed by the State of New Jersey to do so). A person who wishes to start the vehicle equipped with the device must blow a breath sample into it and if the device detects a BAC level of .05% or higher it will not permit the vehicle to start for 1 hour. (If you saw the movie "40 Year Old Virgin", when Steve Carell's character gets into the drunk woman's vehicle, she has Steve blow into the interlock device so the vehicle starts and she can drive hammered. I don't advise doing that at all). The device also requires periodic samples while the vehicle is being driven, and if it detects a BAC of 0.05% BAC or higher it will emit a loud noise and sound the vehicle's horn non-stop. Once the vehicle is turned off it will not restart for an hour. That data on the device must be downloaded every 60 days by the technician for filing with the MVC (Motor Vehicle Commission). Finally, it's not free. It requires maintenance fees paid to the MVC.

If you are convicted of a first offense DWI and your Blood Alcohol Level is 0.15% or higher, you must have an ignition interlock device installed on the vehicle you principally operate or refrain from operating a vehicle that is not so equipped. This obligation starts from the date of your conviction and can go on from anywhere from six months to a year afterword. If you are below a 0.15% BAC on your first offense, the municipal court judge can still order an interlock device once your suspension period is over, so don't think you are skating.

For a first offense, as mentioned, the term of the interlock ranges from 6 months to a year.
For subsequent offenders, the term ranges from 1 to 3 years.

All refusal convictions require an installation of interlock device.

Consequently, if you are a first offender you should not refuse to give a breath sample under any circumstances whatsoever. First, you will be CHARGED with refusal, which caries a seperate penalties in addition to driving while intoxicated, (these penalties now include the automatic interlock device requirement). If it is your first offense DO NOT REFUSE TO SUBMIT BREATH SAMPLES!!!! No matter what, if you refuse, expect to be charged with refusal.

The bottom line is that you need an attorney for any driving while intoxicated offense. You may have a defense, the police have not have had a legitimate reason to pull you over, etc. etc. With the new penalties these amendments call for, you also need a lawyer to tell the judge why you should not have an interlock installed on your vehicle for longer than the 6 month minimum if you are over a 0.15% BAC.

Email me at bdk@nuzzimason.com if you have any questions about this post, your pending DWI or any motor vehicle offense and/or criminal defense in general. I can help you out, trust me.