October 23, 2014

New Jersey Motorist Charged with Criminal DWI following Car-Semi Accident in Somerset County

A news report earlier this month pointed up the danger of drinking and driving, not only in terms of legal liability, but especially due to the serious nature of accidents that can take place when operating a motor vehicle while possibly intoxicated due to alcohol or drugs. As Garden State DWI lawyers, my law firm is always ready to assist those motorists who have been accused of drinking and driving on New Jersey roadways. However, as drivers ourselves, we also know there are numerous risks associated with driving under the influence, many of which can be life-threatening.

That said, and while we in no way condone impaired driving, we do understand that some individuals can be fully unaware of their inebriation due to beer, wine or hard liquor, as well as possible impairment resulting from taking doctor-prescribed medications prior to getting behind the wheel. For those who believe they were unjustly charged with a DWI or drug DUI, my skilled legal team is available to help defendants fight those charges in a court of law.

Sadly, the reality of driving in New Jersey can mean that some people will be involved in a serious automobile or trucking-related accident as a result of some kind of impaired vehicle operation. From a legal standpoint, being charged with drunken driving following an injury-related roadway crash can often mean that the local prosecutor will consider other, more serious charges stemming from the accident itself.

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October 21, 2014

Driver Charged with DWI after Going the Wrong Way and Colliding with a Tractor Trailer

As New Jersey drunk driving defense attorneys, my colleagues and I are dedicated to helping those individuals who have been accused of DWI or operating a motor vehicle while under the influence of prescription drugs or illicit substances (drug DUI). While we do not condone the act of driving while impaired, we are nonetheless committed to assisting motorists who believe that they were unjustly or erroneously charged with a serious alcohol- or drug-related traffic offense.

As many people may understand, some defendants in DWI-DUI cases also have the complication of a roadway accident to contend with. Since every person has the right to legal representation under the law, we are ready to act in our clients' best interests. Having said that, we must from time to time question the choices that some individuals make when they mix alcohol and automobiles; setting oneself up for potential injury or death is one scenario that comes immediately to mind.

Regardless of one's stance on drinking and driving, it can be assumed most people know that adding an injury-related or fatal traffic accident to a drunk driving arrest is not the best situation. We do not intend to come off as preachy, but when speaking with friends and colleagues, we often recommend prudence when going out for a drink or two. Quite simply, when it comes to drunk driving and other DWI-DUI violations, we highly recommend that people not make things worse on themselves by pulling another person or persons into their mistake.

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October 17, 2014

NJ Supreme Court to Municipal Judges: Stop Combining Pretrial DWI Suppression Hearings with Full-on Trials

Last month the New Jersey Supreme Court affirmed the decision of the state's Appellate Division that had overturned a drunken driving conviction of a New Jersey driver following arguments that the man's trial mixed aspects of a pretrial hearing and that of the actual trial, which in the Court's view should ideally come later as a separate proceeding.

The initial drunken driving case involved the defendant, Bruno Gibson, who was arrested by a Winslow Twp. patrolman during the early morning hours of November 17, 2007. According to the review article, Mr. Gibson admitted to police that he had been drinking, after which he reportedly attempted and failed several field sobriety tests. As the patrolmen were attempting to take the man into custody, he apparently resisted arrest.

Later pleading guilty in Superior Court to an assault charge, the defendant was sentenced to two years' probation. The charges of driving while intoxicated and reckless driving were adjudicated in a Winslow Twp. courtroom. According to court records, during the suppression hearing -- not the actual trial -- there was reportedly a dispute over how the arresting officer had determined that the defendant had failed the standardized field sobriety test that was administered that morning.

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October 14, 2014

Sure, DWI Can Be Costly; But Drinking and Driving with Kids on Board is Worse

As professional trial lawyers, the skilled legal team at the Law Offices of Jonathan F. Marshall have been practicing law collectively for nearly a century. Having represented countless numbers of motorists who have been accused of drug DUI, DWI, CDS possession in a motor vehicle, breath test refusal and other drug and alcohol-related offenses, we know quite a bit about how to win tough cases. We also know that getting in over one's head is easier than one might expert here in the Garden State, as well as elsewhere.

Because of our extensive legal experience, we understand New Jersey's rather strict DWI-DUI statutes. We also know how the law can affect outcomes in the courtroom when drunken driving cases involve injury-related highway accidents in areas such as Bergen, Monmouth, Atlantic and Ocean County.

One of the more serious drunk driving-related charges that can affect parents, grandparents, babysitters and driving-age siblings has to do with intoxicated driving and something called "child endangerment." For motorists who are found to be under the influence of alcohol or drugs while driving toddlers, small children and even teenagers in their vehicle, the penalties can be much worse than just a "simple" DWI or drug DUI.

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October 11, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction -- Part Six

It's safe to say that here in New Jersey few individuals would have anything pleasant to look forward to given a drunken driving or drug DUI conviction as the end result. Not only does a guilty verdict mean thousands of dollars in court fines, statutory fees and auto insurance premium increases, but the addition an ignition interlock device on one's vehicle and the possibility of some jail time can be onerous as well.

For those who are considering the services of a drunk driving defense attorney, the time to act is very soon after one is charged with a DWI-DUI offense. It is quite important to find a qualified trial lawyer who has years of experience in defending motorists against charges such as driving under the influence of alcohol or drugs, possession of a controlled dangerous substance (CDS) in a motor vehicle, breath test refusal, and marijuana DUI, among others. But we recommend that a person act swiftly, while choosing carefully, before too much time elapses.

As Garden State DWI defense lawyers, my legal team and I are keenly aware of the anxiety that a drunk driving summons can cause for many otherwise law-abiding people. The best suggestion is to find legal counsel as quickly as is practical so that you allow your defense attorney enough time to prepare a strong case. As long-time DUI-DWI attorneys, my law firm has assisted many individuals accused of impaired driving, such as by alcohol or narcotics. If a driver has been served with a summons and has a pending court hearing, the time to act is now.

Continue reading "FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction -- Part Six" »

October 8, 2014

Camden County Driver Arrested for Drunken Driving and Fleeing Police following DWI Stop

Could there be more than a few better avenues for fighting a drunken driving charge besides fleeing the police at the time of a DWI traffic stop? The answer to that question, as absurd as it may seem, is naturally, Yes. As New Jersey DWI and drug DUI defense attorneys, my colleagues and I believe that employing the law in one's defense is surely a more rational approach to avoiding a drunk driving conviction than doing anything as rash as running from the police during a traffic stop or following a roadway accident.

Regardless of the perceived downside to being charged with intoxicated driving, we must repeat that the law provides avenues for those individuals accused of drinking and driving, which have relative benefits far in excess of unlawful and often dangerous hijinks on the road. Case in point, a news article that was published not too long ago regarding a Garden State man who, it would seem, felt that running from patrolmen during a routine traffic stop would save him from being arrested for DWI. Unfortunately, as these things often play out, the result was likely worse it had to be given the limited information in the report we read.

Nevertheless, according to police reports, a 62-year-old Barrington, NJ, motorist was in Gloucester County driving on a stretch of E. High St. in Glassboro when he was stopped by local police just before midnight. The traffic stop was part of the "Drive Sober or Get Pulled Over" anti-DWI program launched to coincide with the end of summer, culminating during this past Labor Day weekend.

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October 5, 2014

NJ Drunk Driving Defense Update: Understanding Garden State DWI Arrests Arising from Anonymous Tips

As professional trial attorneys representing individuals accused of both civil and criminal offenses, we are well aware of situation in which defendants are concerned that the evidence against them is either unsupported or lacking invalid from a legal standpoint. In particular, there are numerous potential pieces of evidence that the state can use in an effort to convict a motorist on a charge of drunken driving.

What happens before an arrest, though, can also mean the difference between being charged with a DWI or drug DUI and avoiding a court hearing altogether. Of course, there are any number of triggers that can cause a police officer to stop a driver for what may seem to be a routine traffic offense. These include exceeding the posted speed limit, improper lane change, malfunctioning head or tail lights, or almost any minor infraction.

Having litigated countless DWI-DUI cases for our clients over the years, my colleagues and I know that of the many different scenarios that can eventually lead to DWI or drug DUI charges, one situation that comes up more and more is the call from a concerned citizen complaining of a possibly intoxicated driver on the roadway. More and more, it appears, the phoning in to police of information pertaining to a "bad driver" is getting some drivers into hot water.

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October 2, 2014

DWI Defense Update: Drivers Charged with DWI are Well-advised to Maintain Decorum at Trial

As Garden State DWI-DUI defense attorneys, my colleagues and I strive to help individuals who have been charged with drunken driving or hit with a drug DUI summons, among other alcohol- or drug-related driving offenses. While some people may not understand the importance of preparation prior to a DWI hearing, it is safe to say that most individuals facing some potentially hefty fines and other costs of a possible DWI or DUI conviction will find it important to use discretion when taking part in their drunk driving hearing. Others, sadly, will not.

This last point was illustrated quite clearly after we read of a 47-year-old out-of-state woman who apparently distinguished herself in a less than flattering way when she allegedly showed up to her DWI hearing while she was intoxicated. According to news reports, the Pennsylvania driver had already received a traffic ticket for driving under the influence of alcohol; yet, when she arrived at the courtroom, she was reportedly impaired by alcohol yet again.

Based on the news article we read, the defendant was "highly intoxicated" at the time she arrived by taxi and eventually stepped foot into the office of the district judge for her arraignment on earlier charges of DWI, as well as other related traffic offenses from a police stop in late May this year. The woman was not only reportedly drunk, but an hour late as well, which as anyone can understand would in and of itself be unacceptable barring an extreme circumstance beyond the defendant's control.

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September 29, 2014

Warren County, NJ, Driver with 4 DUI Convictions Arrested for Driving on Suspended License

Although many people who find themselves arrested and charged with a drunken driving offense may generally be lumped into the first-and-old-time category, there is a portion of the driving public, albeit a smaller group, who end up with second- and third-time offenses to deal with. When it comes to DWI and drug DUI arrests, those with multiple convictions definitely have a harder time of it in terms of sentencing and penalties.

Sad to say, but those motorists who find themselves the recipients of frequent drunken driving summonses can often end up with onerous monetary penalties and significant jail time if convicted of a third or subsequent DWI charge. Most drivers, as well as the public at large, find it surprising that those with a couple DWIs under their belt may actually tempt fate and drive a motor vehicle while under the influence of alcohol, prescription drugs or an illegal substance (CDS); however, regardless of why a person ends up arrested for DWI-DUI after already being convicted in the past of similar charges, the bottom line is that a competent drunk driving defense is all the more important for such individuals.

As Garden State DWI-DUI defense attorneys, my colleagues and I make it our business to defend those people who feel they were unjustly accused, or that the potential penalties following another conviction would be too much to bear. Whether my legal staff handles a first-time DWI case or one involving a second- or third-time charge, we know the importance of thorough preparation when fighting for our clients. In fact, it is safe to say that most individuals facing potentially heavy fines and other penalties feel they need a lawyer skilled in drunk driving defense to avoid serious consequences.

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September 25, 2014

Garden State DUI Update: Driving While Legally Medicated Can Still Lead to a Drug DUI

There is no doubt that drinking and driving is an activity that happens with extreme frequency here in New Jersey. As Garden State DWI defense attorneys, my highly skilled legal staff has many years of representing motorists charged with being intoxicated behind the wheel of a motor vehicle on the roadways, interstates and highways of our state. While most people typically associate a DUI charge as being alcohol-related, a fair number of police arrests for impaired driving involve some kind of drug.

Of course, one person's illicit drug may be another's legal medication. And while there are more than a few arrests for drug DUI involving some kind of illegal drug (also referred to as a controlled dangerous substance, or CDS), many other drug DUI charges are based on impairment due to doctor-prescribed medications. The legal aspect of the actual substances may be starkly different -- and a possible further complication to one's DUI arrest -- but in the eyes of the law, impaired driving is impaired driving regardless of the type of substance causing the impairment.

Since driving under the influence is more commonly linked to alcohol consumption, it may be instructive to remind the driving public that, just like too much alcohol, taking certain medications -- prescription or over-the-counter -- may interfere with a motorist's ability to operate his car, truck or motorcycle. As many doctors will point out, every patient who is taking one or more kinds of doctor-prescribed drugs should be aware of the potential side effects of those meds, either alone or in combination.

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September 25, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction -- Part Five

For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is pressing the charges against him. To put it in simple terms, if your turn in the DWI barrel has come, now is the time for action, not later.

As Garden State drunk driving attorneys, my colleagues and I have a very good track record of defending motorists who have been charged with some kind of impaired driving. Whether these accusations involve the consumption of alcohol or the use of legal narcotic medications, or even illegal substances, the need for a qualified legal professional is always a priority. Let it be said at this juncture that my firm in no way condones any kind of impaired operation of a motor vehicle, be it a car, commercial truck, motorcycle or watercraft. From our point of view, the best defense is a good offense, and the best way to avoid a DWI or DUI is to avoid drinking or taking drugs any time one expects to be driving on New Jersey roadways.

As recognized experts in the field, my legal team gets a lot of questions from prospective clients who are just beginning to learn about the intricacies of DWI law. In the interests of edifying our readers, we feel that learning something now about drunk driving defense may come in handy in the future, especially if someone finds himself in a difficult situation involving a drunk driving arrest.

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September 23, 2014

Former District Court Judge Charged with "Fixing" DWI Case against Prosecutor's Relative

It should be not be surprising that as New Jersey civil and criminal defense attorneys, my colleagues and I make our job to represent individuals accused of crimes, misdemeanors and civil infractions. In particular, we are dedicated to helping motorists accused of DWI get a fair shake within our legal system. When a driver feels that he or she has been unjustly or erroneously charged with driving while intoxicated, we are ready to lend out expertise to their case.

With the above stated, it must be said that we do have a great deal of respect for the law enforcement officers, attorneys on both sides of the aisle, as well as the members of the judiciary, who make the law work for millions of people every day. What we do not respect is the few individuals in positions of power and influence who take advantage of their status to use the law to their own benefit, or those who they favor.

While we applaud the police officers who enforce our laws and put their lives on the line every day, but conversely, we are rarely sympathetic to those patrolmen who by their deeds show that they hold themselves to a different set of standards in cases of drunk driving or other offenses. Similarly, we find that officers of the court who likewise use the law to their own advantage have much to learn about fairness and equal treatment under the law.

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September 20, 2014

Arrest of Bergen County Man for DWI follows Injury-related Drunken Driving Crash in Mahwah

As Garden State drunk driving defense lawyers, my colleagues and I know that defending those accused of an alcohol- or drug-related traffic accident can become very complicated when injuries are involved. Multi-car accidents can, of course, result in serious and sometimes fatal injuries; however, causing injury while operating a motor vehicle under the influence of alcohol or prescription drugs intoxicated can up the ante quite a bit in the eyes of a municipal prosecutor.

For this reason alone -- that is, having caused a personal injury while intoxicated by alcohol -- it is advisable to locate a skilled criminal defense lawyer with expertise in litigating New Jersey drunken driving cases. A recent news story out of Bergen County details an all too common scenario involving an inebriated driver, a crash between a motor vehicle and a bicycle rider, and a badly injured victim.

According to police reports, a 62-year-old bicyclist from the New York area was sent to the emergency room after being hit by a Dodge pickup truck in the Mahwah, NJ, area. The collision took place early on a Wednesday evening along a portion of Ramapo Valley Rd. New articles indicated that Francisco Perez of Suffern, NY, was riding his bicycle in the northbound lane when a local man going the opposite way made a sudden left turn onto N. Railroad Ave.

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September 18, 2014

Garden State DWI News: Could Government Seizure of Vehicles in Adjoining States Portend Jersey's Future?

Most every motorist understands intuitively that drinking while intoxicated (DWI) can be a costly undertaking, not only in terms of post-conviction fines and increased insurance premiums down the road, but also in the unfortunate event of a crash causing injury or death. Yet, regardless of the disincentives to drink and drive, hundreds of Garden State drivers are arrested every month for driving under the influence of either alcohol or drugs.

Traffic safety experts and law enforcement agencies, along with lawmakers understand the continuing problem with DWI and DUI offenders, which sometimes results in heavy-handed or extreme measures to achieve certain ends. As New Jersey drunken driving defense lawyers, our job is to help those individuals who believe that they have been unjustly accused of a DWI, drug DUI or other related offense. We do see, from time to time, some rather worrisome changes in the way that certain locales treat DWI offenders, as well as those convicted of drunk driving.

Take, for instance, the ongoing efforts in one of our neighboring states to rein in intoxicated drivers. According to a news article we recently ran into, drivers arrested and charged with driving under the influence on a majority of Long Island may be looking forward to having their vehicles seized, impounded and possibly even sold off depending on events in the courtroom.

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September 15, 2014

Garden State DWI News: Monmouth County Police Charge Multiple Drivers with Drunk Driving and DUI

Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.

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