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Every now and again we are asked by clients and acquaintances alike what it is like to be arrested for drunken driving and if there are any tricks to avoiding being arrested for DWI. Quite frankly, the biggest trick — tried and true — is simply not to drink any liquor or use any drugs prior to getting behind the wheel of a motor vehicle in New Jersey. State and local law enforcement officers here in the Garden State are well known for their tenacity when performing a traffic stop that appears to be the result of drinking and driving.

This is not to say that a patrolman can just pull any motorist over on the merest suspicion that the individual has been drinking. It is a major part of our drunk driving laws that a policeman may not stop a driver simply on the assumption that the driver has consumed alcohol recently. In order for a driver to be stopped in any circumstance, the officer must witness a traffic infraction on the suspect’s part. But this can be something so minor, so inconsequential, that even failure to signal a turn or “rolling” through a stop sign without coming to a complete stop can set the stage for a police stop and a possible DWI arrest.

As New Jersey DWI-DUI defense lawyers, we can easily say that if a driver has not been drinking, then a routine traffic stop could end with a little as a warning, or perhaps the patrolman issuing a ticket for the infraction(s). But, should a driver exhibit any of the so-called typical signs of intoxication or impairment, then it could turn out to be a long day at police headquarters for that unlucky driver. This is why, and despite sounding flip, we always advise people not to have a drink if they plan to drive anywhere. Besides the statistical danger of injury, it’s just not worth the chance of being arrested and charged with driving under the influence of alcohol.
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As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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A driver who was taken into custody following a deadly car accident in Kearny, NJ, back in 2011 reportedly pled guilty to charges of aggravated vehicular manslaughter combined with drunk driving in a Hudson County courtroom not long ago. As New Jersey DWI defense lawyers, we know that individuals accused of DWI or drug DUI can feel relatively helpless when facing serious drunken driving charges or accusations of operating a motor vehicle while under the influence of alcohol, prescription medications or even illicit substances, such as marijuana.

Here in the Garden State, it wouldn’t be a stretch to say that motorists who find themselves arrested or on the receiving end of a DWI or DUI summons may be up against potentially stiff penalties if they are convicted of driving while intoxicated. From Bergen and Sussex counties to Ocean and Atlantic, New Jersey state and local police officers are always on the alert for drunken drivers. And while being arrested for DWI-DUI following a routine traffic stop may seem like the end of the world, one must never assume that he or she is in tough spot.

Consider the case ended this past July, when a 22-year-old resident of Manalapan, NJ, pled guilty in front of a Superior Court judge in a Jersey City courtroom. According to news reports, Ayman Khawaja admitted guilt to aggravated manslaughter, as well as DWI, in relation to the April 10, 2011, death of a 24-year-old Passaic County man. The three-vehicle accident that killed Luis Suarez took place along a stretch of the New Jersey Turnpike on a late spring evening.
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It’s not every day that one can say that a piece of clothing or jewelry helped them get out of a tight legal spot, but that was the gist of a case against a New Jersey woman, who is now able to say her tongue stud helped her out in a Morris County courtroom earlier this year. As New Jersey drunk driving defense attorneys, I and my colleagues are dedicated to helping those Garden State motorists who have been accused of DWI, drug DUI, breath test refusal and other drunken driving-related offenses.

In the aforementioned case, the motorist’s DWI lawyer was able to use the law to his client’s advantage and reduce the potential penalties she was facing if convicted of the initial charge of driving while intoxicated. Although this may not be cause for drivers to get their own body modifications, it certainly points up the importance of having a qualified DWI defense lawyer at one’s side; surely it is an example of why it’s always a good idea to consult with a legal professional prior to walking into a courtroom to defend oneself against a DWI or drug DUI charge.

According to news articles, 29-year-old Kara Nelson was stopped by police along a stretch of Rte 46 for an apparent routine traffic offense earlier this year. Police reports indicated that Nelson was pulled over around 2am on January 14. During the traffic stop the patrolman in charge, Officer P. Ottavinia, must have noticed signs of intoxication and requested Nelson to perform a number of standardized field sobriety tests, which apparently indicated that the driver was impaired to some degree.
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From our standpoint, as New Jersey DWI lawyers representing numerous motorists every month who have been accused of driving under the influence, we understand how drivers can find themselves very quickly under suspicion of operating a motor vehicle while impaired by alcohol or drugs. Whether one is charged with driving while intoxicated by wine, beer or other alcoholic beverages, or if the police believe that a motorist was driving while impaired by doctor-prescribed medications, the penalties if convicted can be quite harsh as well as costly.

In addition to stiff fines and numerous other costs, a driver’s car insurance premiums are certain to rise with every DWI conviction that a driver may receive. The fact is, being charged and then found guilty of drunken driving (or drug DUI) is no laughing matter. It will hurt your pocket book as well as your reputation with family, friends, colleagues and current or potential employers. Avoiding a DWI conviction is always preferable to the consequences; but avoiding an arrest would naturally help keep a person out of police custody as well as the courtroom.

A news article published earlier this year raises interesting questions about the future of drunken driving and the ways to avoid the potential downside of being arrested, charge and convicted of DWI. According to the published report, there is a substance, in spray form, that can reportedly make one instantly drunk. How can this help avoid a DWI summons? The product, according to the manufacturer, can also cancel out intoxication and make a person instantly sober. Science fiction? Maybe, but it is thought-provoking.
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The consequences of driving while impaired can range from monetary fines and insurance surcharges to long-term suspension of one’s driver’s license and even jail time, depending on the circumstances and the number of prior drunken driving convictions. Her in the Garden State, as drunken driving defense lawyers, we also know that there can be unintended consequences when a motorist either chooses to drive a motor vehicle after having a drink or two, or even if that person take prescription medicine without realizing the impairing effects it may have on their driving abilities.

Other unintended consequences can include traffic accidents, with or without injuries, as well as fatal collision. New Jersey’s legal statutes already provide for little tolerance when it comes to operating a motor vehicle while intoxicated by alcohol, prescribed medications and illegal substances, such as marijuana, cocaine and meth. Adding vehicular manslaughter to an existing charge of DWI or drug DUI and the need for a qualified DWI attorney becomes more and more essential.

As a law firm serving those charged with drunken driving in areas such as Ocean County, Bergen and Monmouth counties, and elsewhere around the state, I and my colleagues have the experience to handle combined charges of DWI and other offenses, civil and criminal. A news article, discussed below, which we ran across not long ago provided what may be a not-too-uncommon and completely believable scenario. And while the case referenced here may seem extreme, it has its parallels in terms of lesser crimes and misdemeanors that may precipitate from a routine traffic stop.
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With more than 600,000 residents, Monmouth County is one of the most populous counties in the Garden State, with Middletown Twp. being the largest community within the county. As New Jersey drunken driving defense lawyers, we don’t need census statistics to tell us that Monmouth has its share of drunk driving arrests, represented not only by residents themselves, but also by other motorists passing through or visiting bar, restaurants and other establishments that serve liquor and beer during the year.

One look at the news pages and one can immediately see the many and varied kinds of DWI and drug DUI police stops that occur all over the county on a fairly regular basis. Out in Middletown, municipal police and other state and county law enforcement officers are constantly arresting and charging drivers with an array of DWI-related offenses. Just a few are listed below, as object lessons of what can happen is one decides to drink and drive in this part of New Jersey.

Underage drinking and driving is one issue that the state is clearly opposed to, and our laws and legal statutes make that abundantly clear. However, teens and underage adults continue to push the envelope by pursuing the purchase and consumption of beer, wine and hard liquor. While sometimes provided all too readily by relatives, parents and older siblings, a charge of underage DWI or even possession can have a negative effect for that individual in the future.
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There’s a lot to be said about being in the right spot at the right time; for some people it can mean a job promotion or recognition from the community. For others, however, it can mean a trip to police headquarters. What do we mean by this? Just to let you know that if you find yourself driving through Essex County in the vicinity of Bloomfield, NJ, make certain that you haven’t been drinking or taking prescription medication that might cause you to be impaired behind the wheel of your car.

Frankly, it’s hard not to find a place in the Garden State that doesn’t have at least several drunken driving arrested every week or so. We mention this because another police officer has been awarded for his work in stopping traffic violators and arresting drunk drivers and those who may be impaired by doctor-prescribed meds or even illicit drugs like cocaine, meth or marijuana. As New Jersey DWI defense lawyers, we know how easily a person can find themselves on the receiving end of a drunken driving summons.

According to news reports, a Bloomfield, NJ, patrolman was recognized as this past year’s top cop for issuing drunken driving and drug DUI summonses and citations in the county of Essex. Based on news reports, Officer Luca Piscitelli, who works on the Bloomfield police force, was recognized by a local Garden State organization earlier this year for his efforts in curbing drunk driving in Essex County. The group who bestowed the award on Officer Piscitelli is known as “New Jersey Remembers,” and was formed to honor those who have been killed by drunk drivers.
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Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
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As New Jersey DWI and drug DUI defense lawyers, we know that many people arrested for drunk driving are surprised, or at the very least shocked that they may be facing thousands of dollars in fines, penalties and assessments if they are found guilty of DWI in a court of law. A percentage of drunk driving and drug DUI arrests are made at sobriety checkpoints set up from time to time all around the Garden State. Other people can find themselves on the wrong side of the law following a simple traffic infraction, which then turns into a full-blown drunk driving arrest and a trip to the local police department for a breath test.

The point we would like to make is that whether one believes that there is too much or too little focus on DWI offenders, the law is specific that no one can legally drive in New Jersey with a blood-alcohol concentration (BAC) of 0.08 percent or more. (Of course, holders of commercial driver’s licenses, also known as CDLs, have an even lower BAC to which they must adhere.) The gist of this conversation is that state and local law enforcement officer are motivated to keep drunken drivers off the roads.

Certain campaigns, locally and nationally, are also used to keep a high level of enforcement, as well as attempt to educate the public to the dangers of DWI and drug DUI (including doctor-prescribed medications and illicit drugs like cocaine and marijuana). One such campaign that has been used in the Garden State is the HERO anti-DUI campaign, which this year was expanded to include the Jersey Shore.
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