Bergen County DWI defense lawyers challenge illegal searches
In New Jersey, as with many other states, it is illegal to drive with an open container of alcohol in the passenger compartment of your car. The fine for a first offense is $200, and a second offense is punishable by a fine of $250 or 10 days of community service. If law enforcement stopped you and discovered an open container, someone in the car is going to be charged. It doesn’t matter if the container belonged to the driver or a passenger; it doesn’t matter if no one consumed alcohol from the container in the car. All that matters is that law enforcement discovered the container during a legal search of the vehicle. At the Law Offices of Richard S. Greenberg, we vigorously defend our clients by challenging police procedures on constitutional grounds, forcing the state to prove that the search was lawful.

How can a driver or passenger in NJ legally transport open containers?
New Jersey law prohibits possession of alcoholic beverage containers with the original seal broken and glasses or cups containing alcohol in the passenger compartment of a car. Safe areas of the car include the:

Trunk
Space behind the last seat in a trunk-less vehicle
Passenger area of a chartered limousine or bus
Living quarters of a motor-home
Violations result in fines but no license suspension. You should ask your insurance carrier about its policy regarding open container violations.

Restrictions on searches of automobiles in New Jersey
Law enforcement must discover the container during a legal search that follows a legal traffic stop. Examples include:

The officer asks for your license and registration. Looking through the driver’s-side window, the officer sees a half-consumed bottle of wine standing in your cup holder.
You consent to a field sobriety test. An officer pats you down prior to initiating the test and discovers a hip flask.
After you submit to a preliminary breath test, the officer decides to arrest you for DWI. Standing outside your car, the officer shines a flashlight into the passenger compartment and discovers a can of beer on the floor of the back seat.
After finding probable cause to arrest you for DWI, the officer requests a warrant to search the car and finds a partially consumed bottle of alcohol under the driver’s seat.
However, the discovery of an open container may be void if:

The officer made a traffic stop for a discriminatory purpose, such as profiling
The officer made an intrusive search of the vehicle without a warrant. This would include ordering you out of the car and immediately rummaging through the passenger compartment, rather than conducting a field sobriety test.
Our attorneys are experienced with challenging police procedures. We regularly use police dash-cam videos and witness-produced cell phone videos to point out irregularities that raise questions regarding the constitutionality of traffic stops and vehicle searches.

Five-point violations carry severe consequences in New Jersey
Racing on the highway is more than a traffic violation in our state; it is a disorderly persons offense, New Jersey’s equivalent of a misdemeanor crime. If you’ve been cited for racing, you need more than a traffic ticket lawyer; you need a criminal defense attorney with municipal court experience. At the Law Offices of Richard S. Greenberg, our attorneys are prepared to go to court, challenge the state’s evidence, cross-examine witnesses and present compelling arguments in favor of our clients.

Harsh penalties and numerous add-ons for highway racing tickets
Statutes N.J.S.A. 39:4-52 and 39:5C-1 pertain to highway racing. For a conviction, a prosecutor must prove that a person was speeding on a public highway for the purposes a bet, to race against another motor vehicle or to beat a speed record. Any direct involvement, even if you were not one of the drivers, could also earn you a conviction.

Under these terms, a driver, organizer or spectator can be charged and hit with these penalties:

A fine ranging from $25 to $100 for a first offense
A fine ranging from $100 to $200 for a subsequent offense
These penalties may seem slight, until you consider the additional possible consequences:

The driver may be imprisoned for up to 90 days.
Racing is a five-point violation.
Racing usually invites a speeding ticket with fines and an additional two to five points.
Speeding fines are doubled anywhere the speed limit is 65 mph.
Racing is inherently unsafe, so a driver can face charges of careless driving (two points), reckless driving (five points) or driving in an unsafe manner (four points).
When the final tally comes in, your highway racing conviction can cost thousands of dollars in fines, fees, surcharges and increased insurance premiums, in addition to jail time and a license suspension. Getting a dismissal or a reduction of charges and penalties is much more complicated than fighting a speeding ticket and requires the skill of an experienced criminal defense lawyer.

Individual assistance to help you obtain compensation for serious, permanent injuries
When you are injured, you need to find a New Jersey accident attorney who has the experience, skills and determination to help you obtain a just result. At the Law Offices of Richard S. Greenberg, we provide the support you need through skilled legal representation backed by years of experience in courtrooms and negotiations. Our Bergen County lawyers offer hands-on representation to guide you through your serious injury claim, making complex matters easier to understand and overcome.

Personal injury in Bergen County and northern New Jersey
Clients throughout northern New Jersey rely on our law firm to obtain the compensation they need in all types of serious, permanent personal injury cases. We handle a broad range of claims, including:

Auto accidents — With insurance companies paying out less money on claims than ever before, it can seem impossible to obtain a just settlement after an auto accident. Our lawyers use our professional reputation, skills and determination to help you negotiate with auto insurers to get a fair result. When necessary, we provide strong representation in lawsuits against insurers and negligent parties.
Truck accidents — Because of the enormous size and weight of large commercial trucks, such as semi-trucks, big rigs and 18-wheelers, accidents involving trucks frequently result in catastrophic injuries and fatalities. Our compassionate attorneys guide you through a serious truck accident claim to obtain compensation for life-changing injuries or the loss of a loved one.
Motorcycle accidents — When a driver is negligent or reckless and hits a motorcycle, it can cause life-threatening injuries to the relatively unprotected rider. Our lawyer’s help victims recover for motorcycle accidents, even when you are partly at fault — as long as you are less at fault than the other party.
Dog bites — Dog bites and animal attacks often cause permanent, disfiguring injuries and severe emotional distress. We help you recover for these traumatic injuries by holding dog owners strictly liable for injuries their animals cause.
Workers’ compensation — From construction sites to offices, employers must provide a safe workplace, but workplace accidents and injuries occur even when an employer is not negligent. We help you file workers’ comp claims to recover benefits for the harm you’ve endured.
Products liability — Manufacturers have a duty to ensure their products are free from design and manufacturing defects and have proper labels, instructions and warnings. If a defective product causes you serious injuries, our products liability lawyers have the skills and experience to hold the manufacturer responsible.
Back and spinal injuries — Back and spinal injuries can leave you with long-term harm, ranging from a painful herniated disc to paralysis. With decades of legal experience dealing with all types of catastrophic injuries, we help you obtain compensation for both the immediate and long-term effects of your injuries.
Head injuries — Head injuries may result in serious traumatic brain injury and are often caused by slip and fall accidents and motor vehicle crashes. We have a network of doctors to help you obtain the treatment you need and are dedicated to obtaining the fair compensation you deserve.

What should you do when you are injured and it is someone else’s fault?
When you have been injured by someone else’s carelessness, you should take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible, such as:

Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers and insurance company representatives. For work injuries, write down the names of company or workers’ compensation representatives.
Call a dependable, experienced lawyer before making any statements — written or verbal — to insurance company adjusters or representatives.
Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing and damaged personal belongings.