New Jersey DWI Lawyer Blog

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver's license. From the day we receive our learner's permit -- and later a full-fledged license -- we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist's driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver's license could be in the offing depending on the nature of the charges and the driver's history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it's hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver's license based on a local court's ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.

Continue reading "Bergen County DWI Defense: New Jersey Drunken Driving Conviction Can Lead to Revoked Driver's License" »

For anyone who has ever been stopped by police here in the Garden State for drunken driving, impaired driving due to prescription medication (aka drug DUI), or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), you know that the potential consequences could be harsh and have long lasting effects.

Of course, alcohol use is one of the most common "legal" pastimes in Bergen, Middlesex, Ocean and Hudson counties, however other illegal substances, such as cocaine, methamphetamine and marijuana, are also being used by drivers on public roads. Of those illicit drugs, marijuana is without a doubt one of the more common illegal substances encountered by state and local police across New Jersey.

Arrests of drivers from all walks of life by New Jersey law enforcement officers for marijuana-related offenses are commonplace, which is not surprising in the least considering that an estimated 35 billion dollars' worth of marijuana is cultivated in the United States each year. In fact, with medicinal marijuana becoming more prevalent, there is a good chance that more people than ever before probably know someone who uses marijuana legally or illegally from time to time.

Even so, persons who are arrested for marijuana use or possession in Monmouth, Sussex, Passaic or Atlantic counties should take very seriously any charges levied by police. Even though marijuana may be considered to be a rather low-level drug in the grand scheme of things, the New Jersey court system treats this CDS drug no differently than any other violation of state law.

Continue reading "Monmouth, NJ, Drunk Driving Update: New Jersey Marijuana Use or Possession Charges can be Serious" »

For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor's office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State's evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.

Continue reading "New Jersey DWI News: Hudson County Police Arrest Driver on DUI, Illegal Drug Possession Charges" »

While getting a summons for drunken driving should not be taken lightly here in the Garden State, there are worse alcohol-related offenses that one should be concerned about. Being arrested for drunk driving at a typical sobriety checkpoint is one way to be introduced to your local legal system, however if one were to be charged with DWI following an injury accident, this can be a much more serious situation.

As New Jersey DWI defense lawyers, I and my staff of qualified drunken driving defense attorneys have the skills and years of courtroom experience to represent motorists accused of impaired driving. This applies to alcohol-related DWIs as well as drug-related DUIs; for many people, it is not unusual to be arrested for impaired driving while under the influence of doctor-prescribed medications. Less common, but nonetheless valid are arrests that involve illicit drugs (also known as controlled dangerous substances, or CDS), such as cocaine and marijuana.

But all this pales in comparison to one of the most serious charges, that of driving under the influence and causing a fatal collision. While some individuals may debate the relative merits of consulting an experienced DWI attorney for a "simple" drunk driving charge, a DWI coupled with a potential vehicular homicide charge leaves little to ponder about.

Continue reading "Roxbury, NJ, DWI Accident News: Alcohol Blamed in Traffic Death of Mount Arlington Patrolman" »

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It's not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs -- also known as controlled dangerous substances, or CDS -- such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.

Continue reading "Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges" »

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it's difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

For a percent of the population, motor-assisted bicycles can be a boon, especially for someone who is not necessarily in tip-top shape. But if an article from the Sunshine State is any indication, convicted DWI offenders could be violating term of their court-imposed sentence if they ride on a motorized bike on public roads.

According to a news article last month, a man with a DWI-related suspended driver's license in Brevard County was arrested for violating the law by riding what police say constitutes a motor vehicle. Based on reports, although Florida law does not "specifically" refer to bicycles powered either electrically or by an internal combustion engine, the confusion has led to some issues for at least one individual.

Without getting into the specific's of state law regarding when a bicycle is or isn't a motor vehicle, part of the problem apparently is that local police arrested 51-year-old Ricky Hastings for riding a converted Wal-mart "beach cruiser" into a gas powered bike. Being a mechanic who currently is on a suspended driver's license as a result of a DWI, Hastings figured that this was a more or less effortless way to commute, considering that the man has a heart condition as well.

In his part of the country, gas- and electric-powered bikes have apparently become quite popular, but local laws vary and many people who are commuting via powered bikes could be breaking the law. In Hasting's case, police claim that his gas-powered bicycle is a motor vehicle and as such, he allegedly broke the law by operating it while under a license suspension for drunken driving.

News reports indicate that the man was stripped of his driver's license four years ago, as well as being sentenced to jail time due to a DWI. Hastings was arrested in September after a state police officer found him riding along a public road. As of the date of the article, he apparently faced charges that included operating an unlicensed/unregistered motorized vehicle as well as violation of his DWI-related probation.

Another man in a similar situation was arrested for riding a motorized bicycle under "full electric power," meaning he wasn't pedaling at the time. That individual also was in a position where he decided to rely on a powered bicycle to get around due to a couple of drunk driving convictions, according to reports.

Appearing in court, the judge told the man that his bicycle was a motor vehicle, which required a license and a registration. But in a kind of catch-22, bicycles cannot be registered under that state's law, which made the mere use of the bike on a public roadway strictly against the law. That individual lost his case, as well as his appeal.

Some motorized bicycles can land you in legal trouble, FloridaToday.com, October 13, 2011

While some municipalities across the Garden State are claiming continued victory in the battle against drunken driving -- quantified by the total number of DWI and drug DUI arrests annually -- other towns and cities are seeing cutbacks in manpower, which apparently is taking its toll on the number of motorists being charged with driving while intoxicated. Doubtless, the effects of a struggling economy are being felt all over, even in Monmouth, Bergen and Ocean County, among others.

With many police departments trying to do more with less, it's not surprising that areas like Lacey Twp. are feeling the pinch. According to news reports, less manpower on the street has equated to fewer drunk driving summonses. In Lacey, arrests for driving under the influence have been on the decrease since 2008, based on news reports.

As New Jersey DWI defense attorneys, my firm is trained to represent those individuals who have been charged with driving while impaired by alcohol, doctor-prescribed medications, or controlled dangerous substances (CDS), such as marijuana and cocaine. The penalties for DWI and drug DUI can be quite harsh, even for first-time offenders, which is why we always recommend consulting an experienced drunken driving defense lawyer after a police arrest.

Getting back to the effect of reduced manpower on the state and local police departments; although studies on nationwide instances of DWI indicate that Americans may be drinking and driving less frequently, statistics coming out of some New Jersey municipalities show that DWI arrest rates have at best remained unchanged -- Barnegat Township is apparently one of those "steady-state" areas, which flies in the face of the overall downward trend in DWI-DUI arrests across the rest of the U.S.

Continue reading "Ocean County, NJ, DWI News: Manpower Reductions Affecting Lacey Township's Drop in Drunken Driving Arrests" »

There are always a few things that you don't want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster's future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don't hit a police patrol car or injure an officer while you're at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one's future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one's social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.

Continue reading "Monmouth County Drunk Driving News: Teens' Car Strikes Police Car at DWI Checkpoint, Officer Injured" »

One would think that with all the extra anti-drunken driving enforcement across this state that surely New Jersey would be experiencing a decrease in DWIs just like the rest of the nation. Apparently, that's hardly the case. Whether due to what some might call "over-enforcement" or because the Garden State has such a large population that it tends to set its own standards, one thing is for certain: this is not the place to get behind the wheel in anything near an impaired condition.

From Passaic to Ocean and Bergen to Cape May County, local and state police are constantly on the alert for any motorist that may be inebriated. Intoxication due to beer, wine or hard liquor; or impairment from prescription medication or even illicit drugs like cocaine and marijuana, this state's law enforcement community is reportedly racking up its share of DWI and drug DUI arrests on a weekly basis.

As New Jersey drunk drivin defense attorneys, we know how easy it can be to be stopped on the road while legally intoxicated. Even those people who believe whole-heartedly that they are not drunk have been arrested and taken before a magistrate to face stiff penalties for DWI, DUI, breath test refusal and other drunk driving-related charges.

A recent news article seems to indicate that, here in New Jersey, the number of arrests for driving under the influence is not declining in concert with the nationwide drop in drunk drivers. What does it mean? Well, it would appear that New Jersey drivers in places such as Ocean County's Barnegat Twp. need to consider that local police are still out in force, arresting drunken drivers and handing out summonses at about the same rate as in prior years.

Continue reading "New Jersey DWI News: Drunk Driving Stats Show Decrease Nationwide, But NJ Arrests Holding Steady" »

As we mentioned a few weeks back, many cities and towns throughout the Garden State have received funding for enhanced DWI patrols and drunken driving checkpoints (also referred to as DWI roadblocks). Many of these municipalities also happen to have some of the highest arrest rates in the state, which may in part be doe to the additional funding, or could be attributable to the zealous nature of their police force, at least as it applies to enforcing drunken driving laws.

As a New Jersey DWI defense attorney, my firm represents numerous drivers from counties such as Middlesex, Bergen, Hudson and Union who have been accused of driving while intoxicated, impaired driving due to prescription medication as well as breath test refusal and marijuana possession in a motor vehicle. It goes without saying that a percentage of these individuals likely were stopped in areas receiving funding for increased DWI enforcement.

As we have said before, suspicion that a driver may have had too much to drink is not sufficient grounds for the police to stop a vehicle. In order for a drunken driving arrest to be valid, the officer in charge must first have reasonable suspicion that a traffic infraction has been committed; this usually means that the officer must first observe the driver of a car or truck perform an illegal traffic maneuver, exceed the posted speed limit, operate his or her vehicle with some kind of equipment problem, or another kind of traffic offense.

Continue reading "New Jersey Drunk Driving News: Camden and Gloucester County Police Officers Named Toughest for DWI Arrests" »

With nearly nine million residents, the Garden State has the greatest population density of all 50 states, which might explain the constant stream of drunk driving arrests all across the state. As New Jersey DWI defense attorneys, I and my staff of experienced litigators understands how easily a motorist can become entangled in the state's legal system following a seemingly simple traffic stop.

The fact of the matter is, nobody expects to be pulled over by a state police trooper or a local municipal patrolman, however police stops for minor traffic violations can many times precipitate into an arrest for driving while intoxicated. Anyone who has ever gone to an acquaintance's home for a birthday celebration or gone out with friends to enjoy a pleasant evening eating good food and having some wine or after-dinner drinks will likely recall the concern of being stopped for a DWI.

Even if a person isn't a drinker, the use of doctor-prescribed medication can have an unexpected affect on a driver's ability to operate a motor vehicle, which may not have been immediately obvious. Just the same, however, once a police officer has stopped a driver for a traffic infraction, the opportunity for a DWI or DUI is always there.

As the following items from the Cranford, NJ, police blotter illustrate, being stopped for driving under the influence of alcohol or drug DUI is neither uncommon nor exceptional. In fact, these reports are typical of the drunk driving cases that come through New Jersey courtrooms on a weekly basis.

Continue reading "New Jersey DWI News: Union County Police Blotter Reports Numerous Drunken Driving and Marijuana Arrests" »

Unless one saw it in the paper or caught it online, we now know the top four places in the state that get the most funding for anti-drunken driving enforcement here in the Garden State. As New Jersey DWI defense attorneys, my firm is well aware of the lengths that the state and local towns and municipalities will go to arrest more and more drunken drivers, or at least charge motorists with allegedly driving while under the influence of alcohol or prescription medication (drug DUI).

We'll add here that one doesn't actually need to be legally drunk to be pulled over by an officer; in fact, the police can not stop a vehicle merely on a hunch that the driver is operating a motor vehicle while intoxicated. What needs to happen is the officer only needs to observe that a traffic law has been broken -- this can include something as serious as a multi-vehicle accident, or as minor as a burned-out headlight or improper turn-signal usage.

Whatever the reason for the initial traffic stop, a drunken driving arrest may be right around the corner is the officer then detects evidence of driving while under the influence. This also goes for motorists who may have illegal drugs, such as marijuana or cocaine, both known as a controlled dangerous substance (CDS). Just possessing weed or cannabis in a motor vehicle can precipitate an arrest following a routine traffic stop.

Continue reading "New Jersey Drunken Driving Update: Top Places in the Garden State to Get a DWI" »

It's safe to say that the majority of drivers in the Garden State have never been arrested for drunken driving; that said, it's also a fair bet that many of these individuals do take a drink from time to time. What may come as some surprise to a lot of people is that one needn't be a heavy drinker to be charged with drinking and driving. What only needs to happen is for that motorist who just left a party, maybe with a beers or two under his belt to be unlucky enough to catch the interest of a local patrolman after forgetting to signal a lane change, or other minor traffic law.

Here in Bergen County, one can also run afoul of the law by having a drink or two at a local pub and then happen upon a random DWI roadblock (also referred to as a sobriety checkpoint). In such cases, depending on the driver's level of inebriation a police officer may ask that the suspect step out of the vehicle and perform a few relatively simple field sobriety tests. If circumstances are right, it's possible that the motorist might end up being arrested and charged with DWI.

A breath test, using a breathalyzer machine or Alcotest device, may return a blood-alcohol content (BAC) level that meets or exceeds the legal limit for drunken driving, namely 0.08 percent. As New Jersey DWI defense lawyers, I and my staff meet dozens of people every month who have been charged with driving under the influence of alcohol or prescription medication (otherwise known as drug DUI). Some of these people likely believe that they were not impaired at the time of their arrest.

For first-time drunk driving offenders, or should we say, first-timers accused of driving while intoxicated, we understand how shocking, unnerving and embarrassing such an arrest can be. To put it mildly, it can be a rude wakeup call for many people.

Continue reading "Monmouth County Drunken Driving Update: Rude Wake-up Call for New Jersey Motorists Arrested for DWI" »

As a former municipal prosecutor, I know that it is sometimes difficult for the prosecution to prove that a motorist was legally drunk at the time of a DWI, drug DWI or DUI arrest. Much of the state's case against a driver accused of driving under the influence relies on supporting evidence collected at the time of the drunken driving stop. During this process, the suspect may be asked to exit the vehicle, execute several of the standardized field sobriety tests and eventually might be taken into custody to have his or her blood-alcohol content (BAC) level tested at police headquarters.

In instances where a driver has been arrested for DWI, the prosecutor's office will want to have what is referred to as "proof of intoxication." As New Jersey drunk driving defense attorneys, I my staff of experienced DWI lawyers remind those motorists charged with driving under the influence of alcohol that they should never assume that the prosecutor's case is a strong one.

There are a number of important considerations to take into account following a traffic stop that has resulted in charges of drunken driving being levied against oneself. This goes for alcohol-related DWI and even impaired driving charges as a result of prescription medication use or possibly because of a controlled dangerous substance (CDS) such as cocaine or marijuana.

Continue reading "New Jersey DWI Defense Update: Proving a Driver was Legally Intoxicated can be Challenging" »

One of the more common questions that DWI defense attorneys get asked by potential clients is the particular order of events as an impaired driving case moves through our state's law enforcement and judicial systems. Naturally, any DWI or DUI case begins with the driver being pulled over by a police officer for some other traffic offense, which could be as minor as a broken taillight. But that's just the beginning of a long and potentially costly process.

Whether the violation occurs in Hudson, Mercer, Ocean or Monmouth County, the initial stage of a drunken driving case entails the suspect being stopped by a patrolman usually for a typical traffic violation, such as defective vehicle equipment, inability to maintain a lane (i.e. crossing over the lane markings besides that of changing lanes). To be a valid, this traffic stop should be for a legitimate violation in which the patrolman has "reasonable suspicion" that a motor vehicle violation has been committed.

Based on the New Jersey Supreme Court case, State v. Carpentieri, the officer or patrolman who pulls a motorist over must have an articulable and reasonable suspicion that a traffic law violation has occurred in order for subsequent DWI charges to be legally valid. But this is only the first qualification, as once a driver is pulled over the officer needs to have "probable cause" to believe the driver has been operating that vehicle while under the influence of alcohol or is otherwise impaired by an intoxicant, prescription medication, or other substance, such as marijuana.

Once the patrolman's suspicion is realized, an arrest is usually conducted and the driver is typically taken to police headquarters for a breath test. For anyone taking notes to this point, please keep in mind that motorists do not have the right to advice from counsel at this stage of a drunken driving arrest, nor will any attorney, even one experienced in drunk driving defense, be of any help at this stage.

Once an individual is charged with DWI, drug DUI, or breath test refusal, a "complaint" is filed against that person, also known at this point as the defendant. Following the lodging of a complaint, the defendant will be arraigned, at which time he or she will be informed as to the various charges against him or her. The court will inform the defendant of his rights, per law, and then the court will ask the defendant to enter a plea of either guilty or not guilty.

If one chooses to engage a DWI lawyer to represent him or her, this initial appearance can usually be waived and the arraignment will typically be "adjourned" through the attorney drafting a letter of representation and sending that document to the court. In that letter, the attorney will advise the court that the defendant is being represented, that the defendant acknowledges being advised of his or her rights, and that he or she is entering a plea of "not guilty."

Prior to going to trial, once a defendant has entered the not guilty plea, the "discovery process" is initiated in which the prosecutor's office representing the state must turn over all evidence that was collected against the motorist to the person's attorney. It is at this point that a qualified and experienced DWI lawyer can usually determine if any issues exist with the prosecution's case, such as lack of reasonable suspicion for the initial traffic stop, no existence of probable cause for the stop or the arrest, mechanical problems or procedural mistakes in regard to the operation of the breathalyzer. An experienced attorney will also be able to decide, based on the prosecution's evidence, whether or not an expert might be needed to testify during the trial.

At trial, assuming a plea agreement is not reached in the meantime, the trial will be held in the local court of the municipality in which the defendant was charged with drunken driving or drug DUI. Since there is no legal right to a jury trial in cases of DWI and DUI violations, the trial usually takes place in front of a municipal court judge who determines the defendant's guilt or innocence. If the court finds the individual guilty, the judge will issue a sentence according to New Jersey's guidelines for DWI/DUI offenses.