Consequences of Drinking and Driving with Children on Board in New Jersey

In New Jersey, a parent drinking and driving with children on board can face serious consequences. Not only this, they can lose the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.


Penalties include fines, loss of driving privileges, jail and community service sentences. Severity of penalty depends on the driver’s blood alcohol content.

First Time Offenders

First time offenders whose blood alcohol content exceeds 0.08%, but is under 0.10% may face loss of driving privileges for three months, fines ranging between $250 and $400 with additional fees and 30 days in jail. In addition, the offender needs to attend 12 to 48 hours in an Intoxicated Driver Resource Center (IDRC) sponsored program.

Those whose blood alcohol content exceeds 0.10% will lose driving privileges from seven months to one year with fines between $300 and $500. For drivers whose blood alcohol content is 0.15% or higher, they will possibly have an ignition interlock device installed on their vehicle throughout the period of license suspension and for six months to one year.

Repeated Offenders

In New Jersey, there are strict penalties for repeat offenders. For second time offenders, penalties may range from license suspension for two years and fines between $500 and $1,000 with jail time between 48 hours and 90 days. For third time offenders, penalties include license suspensions for ten years and a fine of $1,000 with jail time of 180 days. The convict may also be required to attend 12 to 48 hours in an IDRC sponsored program. An ignition interlock device may also be installed in their car during their license suspension and for a period of one to three years after.

Contact our DWI Lawyer in New Jersey

After a DWI conviction, you can still protect your rights. DWI attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide an aggressive and diligent criminal defense for DUI/DWI cases. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Call our Jersey City DUI/DWI attorneys at 201-420-1913 the Law Office of Joel Silberman, LLC for a free consultation. You can also send an email to


Types of Restraining Orders in New Jersey

A restraining order is a court order to protect someone from bodily abuse or harassment. Some restraining orders may also include family members of the protected person.

Domestic Violence Restraining Orders in New Jersey

Emergency restraining order: For immediate protection when the courts are closed, you can request an emergency restraining order from a police officer. The police officer will call a judge who is assigned to handle emergency requests for restraining orders. This order lasts for less than a week.

Temporary restraining order: A temporary restraining order (TRO) is issued when you apply for a permanent restraining order. This order lasts for less than a month. A TRO provides protection until a permanent restraining order is issued.

Permanent restraining order: A permanent restraining order is issued after a hearing, and it is not actually permanent. Depending on your state, the permanent restraining order will last for a specific amount of time. If a threat remains when the order expires, then it can be renewed or extended.

Violating a Restraining Order

If you violate a restraining order, then you may face fines and imprisonment. The minimum jail time for the violation of a restraining order is thirty days.

Domestic Violence Attorney in New Jersey

If you have questions about a restraining order, then contact an experienced domestic violence attorney. Attorney Joel Silberman is an experienced domestic violence attorney in NJ. For a clear idea about restraining orders, contact him at 201-420-1913.


Types of Domestic Violence

Domestic violence is threatening behavior, that can be violent or abusive. It can be psychological, physical, sexual, financial or emotional between adults who are or have been in an intimate relationship or are related, regardless of the gender or sex.


Physical abuse– Physical abuse is the use of physical force against the other person. Physical abuse includes:

  • Pushing, hitting, slapping, kicking, beating
  • Preventing the victim from leaving the room by locking it
  • Throwing objects at the victim
  • Refusing medical help for the victim
  • Denying basic needs such as eating and sleeping
  • Forceful use of substances like drugs and alcohol

Emotional abuse– Emotional abuse is the use of words, voice or action that can affect the emotional and mental well-being of the victim. Studies have revealed the scars of verbal and non-verbal abuse are more emotionally damaging than physical abuse. Emotional abuse may include:

  • Verbal threats
  • Name calling and using abusive language against the victim
  • Humiliating or embarrassing the person in front of others
  • Isolating victim from family and friends
  • Keeping excessive check on the victim
  • Blaming the victim for the abuse
  • Following or stalking the victim

Sexual abuse– Sexual abuse is when the victim is forced to have sexual intercourse with the abuser or take part in unwanted sexual activity. Common examples of sexual abuse include:

  • Forcing sex on the person
  • Forcing the person to have sex with others
  • Physically hurting the person during sex
  • Forcing the person to have sex without use of protection against pregnancy or sexually transmitted diseases
  • Unwanted touching

Financial abuse– Financial abuse is the use or misuse of power and control over finances without the partner’s consent. Common examples of financial abuse include:

  • Forbidding the victim to work
  • Demanding the victim to give account of money spent
  • Forcing the victim to pay for all expenses
  • Controlling bank accounts and common property
  • Forging signature of the victim on important financial documents

Experienced Domestic Violence Attorney in New Jersey

If you are accused of domestic violence, then you should speak with a New Jersey domestic violence attorney. In New Jersey, being charged with domestic violence can carry severe consequences, including time in prison. An experienced domestic violence attorney will provide valuable guidance throughout your case.

Contact The Law Offices of Joel Silberman LLC, at 201-420-1913 or email .


A Dependable and Experienced Criminal Defense Attorney

If you are accused, charged, or arrested for criminal charges in New Jersey, you will need an experienced and aggressive New Jersey criminal defense attorney. A criminal defense lawyer specializes in the defense of individuals, companies and entities charged with criminal conduct.

The involvement of a criminal defense lawyer can have a great impact on the outcome of the legal case. Criminal accusations of any kind may lead to consequences that will affect an individual’s personal and professional life, as well as their livelihood. It is highly recommended to choose an experienced and trusted attorney.

Joel Silberman a Dependable and Experienced New Jersey Criminal Defense Lawyer:

  • He will help you in any case of state or federal level.
  • If you are convicted, even if it is a minor charge, choosing Joel Silberman means your selecting a lawyer who has expertise in criminal defense.
  • He has handled criminal defense cases in the past, that resulted in great outcomes for his clients.
  • Meet Joel Silberman personally and then decide whether you are confident in his skills and feel comfortable with his analysis of your case.

Arrested during Covid19 pandemic – avoid longer stay in jail

Risk of staying in jail much longer than otherwise

Covid19 pandemic has made life difficult for everyone. The social and economic activities suddenly came to a halt and now we are facing uncertain times in getting them back on track.

In these times, if someone gets an arrest warrant or is arrested, it puts him at even bigger risk. The social distancing in prisons is not easy and puts the inmates at bigger risk despite some extraordinary measures taken by authorities. With courts restricted to emergency hearings only, the arrested person carries the risk of staying in jail much longer than otherwise.

How courts are functioning during Coronavirus Pandemic

Some of New Jersey municipal courts reopened for remote proceedings in the last week of April, ending a month-long suspension imposed to stem the spread of the coronavirus. Individual matters can be conducted remotely with the consent of all parties.
The state Supreme Court further announced that the local courts could resume full sessions by video or phone on May 11. All jury trials and grand jury hearings, however, will remain suspended through May 31.

If you are arrested in New Jersey during the pandemic

The enforcement agencies are being encouraged to cite and release defendants wherever possible in order to reduce the local jail populations. Even prosecutors and judges are being more inclined to allow more defendants to stay out of jail while their case is pending. But you need to have right representation of your case by an experienced criminal defense attorney to stay out of jail and avoid health risks.

Contact a criminal defense attorney to stay out of jail

If you have been issued an arrest warrant or are arrested, call a criminal defense attorney immediately. An experienced criminal defence attorney shall protect your rights and can help you staying out of jail or get you out of it. For years Joel Silberman served as an Assistant Prosecutor with the Hudson County Prosecutor’s Office. During this time Joel litigated hundreds of felony and juvenile cases and appeared before the Superior Court of New Jersey, Appellate Division on multiple occasions. He will give you best representation to avoid your arrest or get you out of jail.

Around the Clock Representation

Avoid health risk and a longer jail term. Call (201)-420-1913 for a free consultation immediately and highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him on.


Charged for violating executive order requiring social distancing and the closure of non-essential businesses

Police officers across New Jersey have issued charges against several of residents and businesses for violating Gov. Murphy’s executive order requiring social distancing and the closure of non-essential businesses. The reports of violations are coming from all corners of the state.

Executive Orders to mitigate COVID-19 pandemic

Several executive orders have been issued in this regard. You can find the the executive orders at

The major executive orders requiring social distancing and the closure of non-essential businesses are as follows:

Violation that have resulted into charging

The violations have resulted into warnings to citations and arrests. There have been several types of violations which have resulted in action by the Police. Some of them are listed below:

  • attending a party inside of an AirBnb rental
  • people gathering in an apartment not in line with social distancing practices
  • ignoring police orders to disperse after loitering
  • being combative with employees at a Stop & Shop after walking into the store without a mask
  • coughing on an employee, resisting arrest and trying to spit on and bite police
  • screaming obscenities and refusing to leave
  • removing her mask “to blow on emergency medical technicians”
  • lunging at a police officer, and then spatting at the officer
  • told to wear a mask inside two New Jersey convenience stores and went berserk Saturday and was arrested
  • for organizing a protest of the stay-at-home orders
  • for yelling racial slurs related to the origin of the coronavirus at an Asian woman
  • disorderly conduct at a closed local beach for reading a book on a lifeguard stand
  • six men were cited for opening their local tennis and fitness club
  • six people were cited for hosting a large backyard party of adults and children, where police found kids “playing in a bouncy castle” while a chef and two waiters readied a catered meal.

Arrested or charged for violating the order related to social distancing and the closure of non-essential businesses?

If you have been arrested or charged for violating the order related to social distancing and the closure of non-essential businesses in New Jersey, talk to a criminal defence attorney immediately.

The charges can result into imprisonment, fine or both. An experienced criminal defence attorney shall protect your rights and advise you suitably that may ensure full discharge or reduction in punishment.

Around the Clock Representation

Call 201-420-1913 for a free consultation immediately and highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him on.


Issue of Personal and Religious Freedom vs Public Health

A question was raised in case of the arrests of 15 men at the funeral of Rabbi Chaim Moshe Strulovics in Ocean County. On Apr 1, Police in Lakewood, N.J., had broken up a funeral at a synagogue, charging 15 men with violating Gov. Phil Murphy’s executive order banning large gatherings. The Rabbi had been tested for the novel coronavirus after coming in contact with a person who had the virus.
The New Jersey government is asking its people to forgo traditional religious ceremonies and abandon places of worship during the pandemic. But there have been many incidents in which either religious leaders or groups have defied bans on gatherings.
Fox News Channel’s Tucker Carlson had asked N.J. Gov. Phil Murphy on why he allowed arrests at religious services to be part of coronavirus quarantine enforcement.

“That’s above my pay grade, Tucker,” Gov. Phil Murphy replied. “I wasn’t thinking of the Bill of Rights when we did this. … We looked at all the data and the science and it says people have to stay away from each other. That is the best thing we can do to break the back of the curve of this virus, that leads to lower hospitalization and ultimately fatalities.” He added that people have to find a different way to worship.

Legal precedent

It should be noted that the prescribed restrictions during the coronavirus pandemic have not really been tested in the courts yet, it is unclear how the courts would rule if it comes before it for consideration.
In the past, Jacobson v Massachusetts, a 1905 US Supreme Court decision, raised questions about the power of state government to protect the public’s health and the Constitution’s protection of personal liberty. The US Supreme Court upheld the Cambridge, Mass, Board of Health’s authority to require vaccination against smallpox during a smallpox epidemic. The Court articulated the view – “… it was the duty of the constituted authorities primarily to keep in view the welfare, comfort, and safety of the many, and not permit the interests of the many to be subordinated to the wishes or convenience of the few.”



When will the lockdown end in New Jersey?

In New Jersey, maybe in America or on the planet if we’re able to start getting back on our feet In an interview to a television channel, the Gov. Phil Murphy said, “I’ll be the happiest guy, if not on June one. But we’ve got to have broken the back of the virus. We’ve got to have that health care infrastructure in place. And we’ve got a plan that both works for us, for the region and for the country.”

He further told that the economic recovery would not happen unless it was on the back of a complete, strong healthcare recovery. He added that the “normal” may not be what Americans had known before.

He stressed that the states needed more financial help from the federal government in order to avoid raising tax rates and make up for lost revenue due to lockdown. Murphy estimated that New York, Pennsylvania, Connecticut and New Jersey will need about $150 billion from the federal government, and he said, “It needs to come urgently… We need a big slug of direct cash assistance from the feds.”


Penalties for Refusing an Alcohol Test in New Jersey

As per New Jersey law, one should take a breathalyzer test if he or she is arrested for DWI. New Jersey’s “implied consent” law (Annotated 39:4-50.2) says that if one is lawfully arrested by an officer under the  belief that the individual has been driving while intoxicated, he or she should give their consent to take a chemical breath test for the purpose of determining blood alcohol content (BAC).  The test is taken at the time of the arrest.

Once an individual is arrested, the officer will request a breathalyzer test and should read the individual their rights, depending on whether he or she submits to a test, or the penalties should they refuse. The penalties for refusing to submit to a chemical test are found in the New Jersey Statutes Annotated 39.4-50.22.

Penalties for Refusing an Alcohol Test

  • 1st offense – $300-$500 fine and a license suspension of no less than 7 months and no more than 1 year.
  • 2nd offense – $500-$1,000 fine and a 2-year license suspension.
  • 3rd offense – $1,000 fine and a 10-year license suspension.
  • Installation of an ignition interlock device for a period of 6 months to 1 year after license restoration for the 1st offense, 1 year to 3 years for the 2nd and 3rd offenses respectively.
  • Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses and $1,500 for 3rd offense.
  • A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund Referral to an Intoxicated Driver Resource Center.

Additionally, if one refuses to take a chemical test after they have been arrested for DWI when driving on school grounds, through a school crossing, or even within 1,000 feet of a school, the penalties are doubled.

Are You Charged With DWI? Contact the Law Offices of Joel Silberman, LLC

DWI defense attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide diligent criminal defense representation to clients who are facing DWI charges. Call us today at 201-420-1913.


Criminal Defense in New Jersey – The Three Phases of DUI Detection

Driving under the influence (DUI) is a crime of driving a motor vehicle while impaired by alcohol or drugs. If you are arrested for DUI, then hiring a criminal defense attorney will help you.

Three Phases of DUI Detection

In DUI investigations, police officers follow guidelines during the process. There are three phases in the DUI investigation.

  1. Vehicle in motion: In this phase, the officer decides whether to stop the vehicle by observing the manner in which the vehicle is driven. If the officer stops the vehicle without a probable cause, then it is a violation of the United State Constitution.
  2. Personal contact: In this phase, the officer makes face-to-face contact with driver and observes appearance, behavior, coordination, and verbal interaction.
  3. Test: In this phase, the officer tests the driver’s blood alcohol level. The driver has a right to refuse the test, but may be penalized.

Criminal Defense Attorney in NJ

When you are facing criminal charges, you need to hire a criminal defense attorney to fight for you. Attorney Joel Silberman, a NJ criminal defense attorney, is dedicated to fight for individuals that are facing federal, state and municipal charges. Contact attorney Joel Silberman at 201-420-1913.

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