James A. Baker

Traffic Law DUI/DWI

Criminal Offense of Failure to Report an Accident
Most jurisdictions require a motorist to prepare and forward an accident report to the state's department of motor vehicles whenever the motorist is involved in a motor vehicle accident resulting in property damage or injury. But even before filing a report, the driver has an affirmative duty to stop, provide information, and give notice to the police. These statutes are commonly referred to as hit-and-run statutes. The information commonly required by the statutes includes the driver's name and address, the registration number of the vehicle involved in the accident, and insurance information. In the event that no person is present or able to receive this information, the driver has an affirmative duty to report the accident to the police. More...
Implied Consent Laws in Driving Under the Influence of Drugs Cases
Many states have an implied consent law that essentially provides that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of the motorist's blood if the motorist is lawfully arrested. The implied consent laws generally penalize a motorist with license suspension or other sanctions if the motorist refuses to provide a sample of blood or urine for testing. However, some states, such as New Jersey, do not have an implied consent law for testing for drugs. Some states provide for testing, but do not provide for the taking of multiple samples. More...
DUI in a School Zone
In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. More...
Criminal Offense of Failing to Provide Proof of Insurance and Registration
All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner's birthday with the state's department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle's registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver's license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested. More...
Auto Insurance for Individuals Convicted of DUI/DWI
Car insurance companies frown upon drunk drivers and enforce serious penalties to those who have been charged with drunk driving, or other alcohol-related driving offenses. Convictions for such offenses will cause many insurance carriers to raise the rates significantly or cancel an insured, either during mid-term or at the end of insurance term. More...

Areas of Practice

  • Criminal Law
  • Traffic Violations
  • Driving While Intoxicated DUI/DWI
  • General Criminal Practice in all Courts
  • Serious Felonies/Drug Crimes

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