New Jersey DWI Lawyer Blog

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" »

As we mentioned a while back, it's relatively easy to get pulled over for a traffic-related offense here in New Jersey. In fact, something as minor as not making a complete stop at a controlled intersection, or not signaling a turn properly can result in a traffic stop. But it's after this initial police stop that can get a motorist in really hot water -- that is, receiving a summons for drinking and driving.

It makes little difference whether one is stopped for a non-working brake light or cracked windshield, if you live in Hudson, Ocean, Bergen or any of the other counties throughout the Garden State, chances are you will at one time or another be pulled over for some type of traffic infraction.

Once a patrolman has stopped a motor vehicle, the driver may be interviewed as to the reason for the offense. If the police officer detects alcohol or drug use, a whole other line of questions may ensue, which may or may not lead to an arrest for DWI or drug DUI. A percentage of traffic stops may result in some kind of marijuana-related charge, depending on the circumstances.

Not surprisingly, cannabis (or weed) is one of the more common illegal substances encountered by law enforcement officers patrolling this state's highways. Similar in nature to a drunken driving traffic stop, being pulled over and subsequently charged with a (marijuana-related) drug DUI, or simply possession of a controlled dangerous substance (CDS) like cannabis, is more common than many people may realize.

Continue reading "Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession -- Part 2" »

Here in the Garden State, drunken driving arrests are not uncommon, especially during the summer months when company picnics, family gatherings and friendly get-togethers are much more frequent. The point is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI or breath test refusal this time of year can be downright predictable, at least to experienced drunk driving attorneys.

A range of alcohol- and drug-related arrests can be seen every week in the police blotter section of the news pages here in Monmouth County, as well as Ocean, Bergen and Middlesex counties. As professional drunken driving defense lawyers, I and my staff have seen our share of courtroom scenarios, from auto accidents allegedly caused by motorists accused of driving while intoxicated by beer, wine or hard liquor, to individuals arrested and charged with impaired driving related to prescription drug use (drug DUI).

And we are no strangers to defending drivers charged with DUIs allegedly caused by controlled dangerous substances (CDS) like marijuana. Whether the charge is DUI or simple possession of weed in a motor vehicle, anyone accused of these kinds of offenses should take very seriously the implications and potential penalties for a conviction on such charges.

Continue reading "Monmouth County Police Blotter: Red Bank Police Tote Up Drunken Driving Arrests in July" »

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person's personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.

Continue reading "Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp." »

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person's career and personal life. It isn't just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver's insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers' sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple -- the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such as Ocean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.

Continue reading "Toms River DWI Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents" »

Whether you've received a summons for driving while intoxicated or been arrested for prescription drug DUI, there's a good chance that you've been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you've been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody's life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it's a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, "Was I really drunk?" The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.

Continue reading "Morris County DWI Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?" »

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

I've said it here before, and most people understand that DWI arrests can occur almost anywhere, and almost any time. No matter where you live in the Garden State, be it Morris, Hudson, Mercer or Atlantic County, state police troopers and other local law enforcement officers have but little tolerance when it comes to drunken driving on the part of area residents, not to mention out-of-state drivers.

This lack of tolerance covers a range of offenses such as alcohol-related DWI and drug-related DUI, the latter of which includes prescription drugs and marijuana, not to mention seriously illegal drugs like cocaine and heroine. This last group comes under the heading of controlled dangerous substances, better known as CDS.

Being a New Jersey DWI defense lawyer, I offer a vast amount of experience in the defense of motorists accused of operating a motor vehicle while intoxicated by beer, wine or other alcoholic beverages or impaired due to the affects of CDS-type drugs. It commonly accepted that police routinely will charge a driver with drunken driving when he or she is suspected of driving under the influence of drugs (DUID). These drugs can include but are not limited to narcotic, hallucinogenic and/or habit-forming substances.

To understand the process of charging a driver with drug DUI, it is also important to know that New Jersey law prohibits operating a motor vehicle by a person who is impaired by marijuana, cocaine, or other narcotics. This group also includes prescription medication such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge was established about five years ago in State v. Bealor. Moreover, State v. DiCarlo defines the term "narcotic" for the specific purpose of establishing a basis for driving while intoxicated charges here in the Garden State.

Continue reading "NJ Drug DUI Defense Update: Understanding the Difference between Drug DUI and DWI Charges" »

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.

Continue reading "NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down" »

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn't legal. Pot, as many will point out, is still illegal without a doctor's prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It's no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

• Did the patrolman have probable cause prior to stopping me?
• Did the officer conduct a proper search of my car (or my person)?
• Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
• Did the police maintain a proper "chain of custody" and testing of the alleged marijuana?

Continue reading "New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney" »

We've discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn't really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

Not only can a DWU or drug DUI conviction be expensive from a financial standpoint but the potential for embarrassment has been elevated now that cities and towns are using the power of the internet to "out" convicted drunken drivers. According to news articles, the trend is likely to increase unless someone takes a stand against the practice.

In Burlington County, NJ, the Evesham Township Police Department had previously attempted to use the Facebook networking site as a vehicle to publish the names and photos of people arrested for drunk driving, among other offenses. According to some experts, this kind of "rogue gallery" of DWI and drug DUI arrestees can reportedly cause serious humiliation, which has stopped some agencies from employing the tactic.

In fact, although Evesham Township still has an active police department Facebook page, according to the news article, four months after it began the county prosecutor told the department that they should curtail the practice because it was not clear if such a use was allowed vis-à-vis what information police are allowed to release about suspects.

Should Facebook Be Used To Fight Drunk Driving?, RedOrbit.com, January 18, 2011

It doesn't matter where you live in the Garden State -- Atlantic, Bergen, Monmouth, Passaic or even Ocean County -- as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as "reasonable suspicion." In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an "articulable and reasonable suspicion" that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect's over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Continue reading "New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction" »

Recent comments by a beverage trade group calls for an end to drunken driving checkpoint and DUI roadblocks here in the Garden State and elsewhere across the nation. As a New Jersey drunk driving defense attorney, I understand the legal requirements that must be met for a DWI checkpoint to be operated within the laws of this state, as well as the law of the land, the United States Constitution.

And while most drunk driving roadblocks meet the legal requirements of New Jersey, there are many people out there who feel that whether or not these checkpoints are legal they may not be very effective at catching motorists who driver their vehicles while under the influence of alcohol, prescription medication or even illegal drugs such as cocaine and marijuana, also known as weed or cannabis.

One group that is questioning the efficacy of drunken driving roadblocks is the American Beverage Institute (ABI), which recently called for an end to this kind of police enforcement practice. The ABI's comments, according to reports, include accusations that DWI-DUI checkpoints harass responsible drinkers.

The ABI has called checkpoints ineffective because they result in, on average according to the group, only about three drunken driving arrests out of every 1,000 motorists stopped. Based on this, the ABI has urged state and local law enforcement officials to only use so-called roving patrols. Using such tactics, according to news articles, the police would patrol city and rural streets looking for vehicles that are being driven in an erratic manner.

While police officials throughout New Jersey agree that roving patrols are a useful tool, they insist that sobriety roadblocks are valuable as well. This, police say, is true even if groups like the ABI say that most drivers who are pulled over at these checkpoints are never charged with driving under the influence of alcohol.

Continue reading "Alcoholic Beverage Trade Association Calls New Jersey DWI Checkpoints Ineffective at Catching Drunk Drivers" »

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

Interestingly, the survey showed that while there was a wide variation of impaired driving rates between individual states, on the whole younger drivers were more likely to admit to driving under the influence of drugs or alcohol than older. This makes some sense in that older drivers may better understand the social and professional implications that a drunken driving conviction can have on one's personal life or business career.

On a state-by-state basis, the rates of drunken driving ranged from a high of 23.7 percent in Wisconsin to a low of 7.4 percent in Utah. New Jersey actually had one of the lowest rates of drug DUI at 3.2 percent.

Not surprisingly, the report concluded that while drug and alcohol DUI rates have shown a drop over recent years, drunken or impaired driving is still a problem all across the U.S. Particularly in the group aged 16 to 25 years, DWI continues to be an ongoing concern for public health and safety authorities. The study reportedly calls for increased media campaigns, service training and responsible alcohol sales, among others. Coupled with additional DUI roadblocks and drunken driving checkpoints, plus substance abuse assessment and treatment, these efforts may help to reduce the rates of impaired driving.

DUI: 20% of Young Drivers Admit to Drunk Driving, STAHO.com, December 9, 2010

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.

A 37-year-old North Plainfield man was stopped near the intersection of South and Boulevard. Most likely the officer in charge noticed either erratic driving or some other kind of traffic violation prior to pulling the motorist over. In the process, the patrolman must have detected evidence of alcohol use by the suspect. The man was arrested and charged with DWI as a result of that traffic stop. He was taken into custody and processes before being released pending a court appearance.

Another driver, a 46-year-old resident of Scotch Plains, NJ, was pulled over in the vicinity of South and Crossway. The man was arrested and charged with driving under the influence of alcohol, then taken to police headquarters, processed and released pending a court date.

A car carrying a 22-year-old from West Orange and a 19-year-old from Oraneg was pulled over by police near the intersection of Springfield and Michael Drive. During the traffic stop officers apparently detected evidence of marijuana inside the vehicle. The two suspects were arrested and charged with possession of under 50 grams of marijuana in a vehicle. The older of the two was also charged with possession of cocaine. Following processing the two individuals were released pending a court appearance.

Three other DWI arrests were also made by police. A vehicle driven by an 18-year-old was stopped by officers near the corner of South and Summit, after which the driver was arrested and charged with drunken driving. Later, at the corner of North Avenue and Scotch Plains a 42-year-old out-of-state driver was arrested for driving while intoxicated. Finally, a 19-year-old man from Westfield, NJ, was arrested for possession of less than 50 grams of marijuana following a routine traffic stop near the intersection of Sycamore and Boynton streets.

Police Blotter: West Orange Resident Arrested for Cocaine Possession, Patch.com, November 28, 2010