New Jersey DWI Lawyer Blog

April 27, 2013

New Jersey Drunken Driving Police Blotter: Union and Bergen Officers Arrest Drivers for DWI, DUI

It’s safe to say that for many motorists being pulled over due to one or another kind of moving violation will rarely lead to an actual arrest, yet there is a group of drivers who may not be as lucky when it comes their turn to be face to face with the law. Sometimes, the simplest of driving errors — such as making an improper turn, failing to signal when changing lanes or rolling through a stop sign — can actually result in an arrest.

While a number of scenarios could be attached to such an event, being a little tipsy or appearing somewhat intoxicated in front of the policeman in charge will most probably get a motorist in trouble with the law. Whether one is stopped by a state trooper, a city cop, or local municipal patrolman, the opportunity to receive a DWI summons, or worse, end up being arrested and held overnight in jail may be the result of just one drink too many followed by a drive home.

Whatever the initial cause of a drunk driving or drug DUI arrest, the end result — be it the monetary penalties or the potential loss of driving privileges — can come as a shock to most otherwise law-abiding citizens. It’s no secret that here in the Garden State an arrest for DWI-DUI can have a serious financial impact on many people, not to mention the possible social or professional embarrassment. It’s a fair bet that these days being convicted of drunken driving may ruin more than one’s reputation; marriages, careers and standing in the community can all be victims of a guilty verdict in a DWI case.
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April 24, 2013

New Jersey Driver Alleges Police Officer Assaulted Her during DWI Stop in Somerset County

by Jonathan F. Marshall

One of the many questions that we get from prospective clients — those individuals who have been charged with driving while intoxicated on New Jersey roadways — is whether or not they can have their case heard by a jury. As experienced trial attorneys, I and my colleagues have a great deal of collective experience representing defendants who have been accused of a criminal act or civil offense. Fortunately, or maybe unfortunately, the average drunken driving case does not rise to the level of a criminal offense.

Here in the Garden State, charges of DWI or DUI do not typically call for a jury trial as do more serious offenses. That said, it should also be stated that being convicted for driving while intoxicated or impaired operation of a motor vehicle due to prescription medication (or even illegal substances) can be costly for most any defendant. So even though a DWI-DUI arrest may not merit a trial by jury, there is no reason not to take the event seriously, if only to protect one’s own pocketbook.

In cases where a Garden State motorist has been charged with driving under the influence, the prosecutor’s office in charge of the case still have the burden of proving that the defendant is guilty of the charges beyond any reasonable doubt; this is the highest standard of proof required in our legal system. As a former municipal prosecutor myself, I know that the state will usually bring forward every piece of viable evidence in order to prove a driver guilty of DWI.
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April 21, 2013

Police Blotter: DWI, CDS and Underage Possession of Alcohol Arrests in Kenilworth, Montclair and Middletown

by Jonathan F. Marshall

With one of the most densely populated states in the Union, New Jersey sees more than its fair share of drunken driving, drug DUI and underage DWI arrests every week. Most of the people who are stopped by a state patrolman, municipal cop or county police officer are understandably nervous over the episode, especially if it is their first traffic stop or if they are accused of driving while intoxicated. One thing that anyone caught in this type of a scenario is not to give up hope and remember that it is not a foregone conclusion that a DWI charge will automatically result in a drunk driving conviction and related penalties.

When choosing any attorney to help you defend yourself against a charge of driving under the influence, it is important to keep in mind that dozens of people face similar charges every week in this state. At the law offices of Jonathan F. Marshall, our experienced trial lawyers know DWI law and understand how state or local prosecutors approach these types of traffic offenses.

If there is one thing very common to those individuals accused of drunken driving, it would be the doubt as to whether or not it is worth the time, effort and cost of fighting a DWI summons, drug DUI charge, breath test refusal accusation or other alcohol or drug-related traffic offense. To this we must say, that there are numerous good reasons to take your case to court.
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April 18, 2013

DWI Defense News: Even Multiple Drunk Driving Convictions in New Jersey Don’t Enter Felony Territory

by Jonathan F. Marshall

Living, working and driving in the Garden State means that any motorist can become the focus of attention from a state patrol officer or a municipal policeman. The odds are, at some point in one’s driving career, any number of people from counties like Ocean, Middlesex, Monmouth, Bergan and Passaic will end up being stopped by a mobile police patrol for a driving infraction. Moving violations are one of the primary ways in which some New Jersey motorists end up being charged with DWI.

Whether one is arrested on the grounds of driving while intoxicated by beer, wine or hard liquor, or if the charges involve impairment through the use of either doctor-prescribed pharmaceuticals or an illegal substance such as marijuana, consulting a qualified drunk driving defense attorney should be the first thought. This is so true these days because of the heavy fines and statutory assessments imposed on a driver convicted of DWI or drug DUI.

As New Jersey DWI trial lawyers, I and my colleagues have decades’ worth of experience in representing those individuals who find themselves on the wrong side of the law following a drunken driving arrest. Many times, a New Jersey motorist has been driving his or her vehicle out-of-state when they are stopped for a minor traffic offense, but if they have had a drink or two, the police may take them into custody and charge them with DWI. For these New Jersey residents who have, penalties drunk driving can sometimes be more severe than in our own state, depending of course on the circumstances surrounding the arrest and the driver’s previous record.
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April 15, 2013

DWI Defense Update: Arizona Drivers Arrested, Convicted for Marijuana-related Drug DUI without Being High

by Jonathan F. Marshall

Here in New Jersey, the frequency of drunk driving arrests keeps state and local police busy, not to mention the courts and DWI defense lawyers such as the experienced legal team at my law firm. The typical cases that we see quite a few of are the usual drunk driving offenses that developing out of a routine traffic stop, which likely was precipitated by a fairly minor moving violation or vehicle infraction. The more serious cases involve actual property damage or personal injuries coupled with an accusation of drunken driving.

Of course, drunk driving, or DWI, is only one kind of impairment-related driving offense. When reading the various and sundry news items in Garden State newspapers or online, quite often one will come across references to DUI arrest. While DWI and DUI are used interchangeably by the public, the latter is an abbreviation for driving under the influence. The only question here would be: Under the influence of what?

For many motorists arrested for DWI or DUI, alcohol is the usual substance causing the alleged impaired vehicle operation. However, there is a segment of those arrested for impaired driving who may never have touched a drop of alcohol prior to their arrest on a New Jersey roadway or at a sobriety checkpoint. For those individuals, the police typically look for some kind of narcotic drug use (pointing to a possible charge of drug DUI).
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April 11, 2013

Monmouth DWI-DUI Police Blotter: Numerous Middleton, NJ, Alcohol- and Drug-related Police Arrests

by Jonathan F. Marshall

As drunken driving defense attorneys representing motorists accused of DWI and drug DUI here in the Garden State, I and my large staff of skilled trial lawyers have more than 100 years of collective legal experience to bring to the fore. The Law Offices of Jonathan F. Marshall provides clients with knowledgeable representation in cases involving drunken driving, impairment by prescription drugs or an illegal controlled dangerous substance (CDS), breath test refusal, and other alcohol and drug-related charges.

We are extremely dedicated to representing motorists who have been accused of DWI, drug DUI, marijuana possession in a motor vehicle, as well as underage drinking and driving, among others. With our extensive experience in civil and criminal cases, we can offer clients statewide the services of qualified legal representation combined with skilled and informed drunken driving defense.

Especially here in New Jersey, where heavy DWI enforcement is a common sight and penalties for convicted drunk driving offenders can be very stiff, it is important to have a the best legal defense possible. Whether a person has been arrested for DWI following a routine traffic, at a sobriety checkpoint, or following an alcohol-related roadway accident, there is no good reason to enter a courtroom alone with only hope on one’s side.
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April 8, 2013

Manchester Traffic Stop Leads to Arrest of Brick Woman on DWI Charges, Giving False Information

by Jonathan F. Marshall

We’ve said it here many times in the past, but as usual it bears repeating: Never make your situation worse by running from the police or trying to evade a patrol car. The time is long past, if indeed there ever was a “time,” when a driver could pull some Hollywood-esque or “Dukes of Hazard” end-run on a local cop and end up avoiding a drunken driving arrest. First and foremost, as they say, nobody can outrun a radio. Secondly, every police officer has a radio, not to mention fellow officers plying nearby streets and highways, ready and willing to catch an evading motorist.

Besides the fact that there are strict evasion statutes on the books, being intoxicated and running from the police is basically foolhardy. As New Jersey DWI defense lawyers and motorists ourselves, the last thing we would want is to have a drunken driving suspect speeding around on city streets trying to beat the law in a road race. This kind of action on the part of a DWI suspect can only work against him in the courtroom later on. We also do not espouse lying to the police when they obviously have the upper hand.

Being inebriated leaves most people in a decidedly disadvantageous position; not only can their driving skills be severely compromised, but once stopped by a patrolman for a traffic infraction it can be a tough sell if one intentionally tries to mislead an officer. This goes beyond simple dodging of questions. Some motorists have been known to play games with a patrolman verbally, or even physically attempt to resist arrest or obstruct justice. Quite simply, it’s just not worth it.
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April 5, 2013

Police Log Multiple DWI Incidents in Union County; DWI Accidents, Sobriety Checkpoint Arrests and Others

by Jonathan F. Marshall

Ever known someone who was arrested for driving while intoxicated? Yes, well join the club. No? Just give it a little time. Here in the Garden State, drunken driving seems to be a common activity, as is being arrested for same. One thing is certain; wait a few days and you’re bound to hear about yet another person charged with DWI, or driving while impaired by prescription drugs or illegal substances.

The list of possible charges is not particularly long, but the reasons why motorists get stopped for a seemingly insignificant moving violation or traffic infraction and then go on to be taken into custody by police — then charged with an alcohol or drug-related offense — are many and varied. As a former municipal prosecutor-turned-defense-attorney, I began this law firm to help fight for people who have been accused of DWI-DUI.

One only has to look at the news each day to see the numerous instances of New Jersey motorists being slapped with single and even multiple charges of driving while intoxicated, breath test refusal, impaired driving, possession of illegal drugs or drug paraphernalia and other serious traffic-related offenses. The following are just a sampling of incidents that took place in Union County not too long ago:
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April 2, 2013

Police in Toms River and Barnegat Report Separate Drunk Driving Accidents in Ocean County, NJ

by Jonathan F. Marshall

Now that spring is here, on the calendar at least, it may be time to start thinking about warmer weather and a new warm-weather driving season. Of course, and inevitably, the warmer months mean celebrations, such as graduations and family vacations, among others. Here in the Garden State, spring and summer can unfortunately bring a flurry of drunken driving arrests when those individuals who imbibe a bit too much at family outings, company picnics and other celebratory get-togethers slide behind the wheel and venture onto New jersey roadways.

As experienced DWI defense attorneys, the lawyers at the Law Offices of Jonathan F. Marshall understand how a pleasant afternoon or evening with friends and acquaintances can degenerate into a miserable trip to the local police department in the back of a squad car. Drinking and driving may be a common occurrence on our surface streets and highways, but state police and municipal law enforcement agencies in no way accept DWI offenders as just another part of the scenery.

When the temperatures warm up, one can be sure that mobile patrols and random sobriety checkpoints will be another common part of the local landscape. Our point here is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI, drug DUI or breathalyzer refusal can be rather predictable; all it takes is a drink or two and a minor traffic infraction and the roller coaster ride will begin.
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March 31, 2013

New Jersey DWI Police Blotter: Multiple South Brunswick Arrests for DWI, CDS Possession, Other Offenses

by Jonathan F. Marshall

Do not think for a moment that a drunken driving arrest or drug DUI summons will automatically result in a conviction, fines or jail time. As New Jersey trial lawyers skilled in drunken driving defense, we must say first off that few DWI or impaired driving cases are ever completely hopeless; nor is a conviction for driving while intoxicated, breath test refusal or underage drinking and driving always inevitable. But there is one large caveat to any question regarding drunken driving defense: A motorist must be prepared to fight a DWI charge if he or she can ever hope of coming out ahead.

Time and time again, I and my staff of experienced drunk driving defense attorneys are asked by potential clients about the practical considerations when fighting against a New Jersey DWI-DUI charge. We usually answer their questions by reminding them that nothing can be gained if no effort is expended. Sadly, for many drivers accused of impaired driving, they fail to speak to a qualified DWI expert before stepping into a courtroom.

Certainly, one will never beat a DWI charge by pleading guilty when the time comes. While the local or state prosecutor will usually point out to the court a number of factors that supposedly “prove” the defendant was operating his or her vehicle while under the influence of beer, wine or hard liquor, simply having the so-called “odor of alcohol” on one’s breath or driving erratically is not always grounds for a conviction.
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