New Jersey DWI Lawyer Blog

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

The rider, 20-year-old Craig Lozier was unable, according to Middle Township police, to avoid the oncoming car driven by Golden, an 18-year-old out-of-state resident. Based on police information, Golden and his passenger, 18-year-old Kyle Zalot were traveling southbound along Route 47 when they attempted to pass some other vehicles. It was at this time that the accident happened. Lozier was pronounced dead at the scene.

Four hours after the fatal crash, Golden was interviewed by a detective with the Cape May County Prosecutor's Office. News reports state that the defendant initially told investigators that Lozier had entered his lane, but he later admitted he was in Lozier's lane.

Police allege that Golden and Zalot had been smoking marijuana prior to the incident. Because of this, Golden was charged with driving while intoxicated, as well as one count of death by auto, a first-degree crime. He was also charged with other motor vehicle violations. Golden's next court date is scheduled for March 11.

Jury Will Hear Defendant's Initial Statement after Lozier Fatal Crash, CapeMayCountyHerald.com, Februrary 10, 2010

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt -- A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect's vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt -- A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

North Arlington -- A 22-year-old Lyndhurst man was arrested on July 11 in the early morning for DWI, careless driving, having an uninsured car, failure to observe stop sign and failure to wear a seat belt. The motor vehicle stop occurred on Sixth Street off Bergen Avenue. The man reportedly failed the field sobriety test. His Jeep Grand Cherokee was impounded and he was subsequently released on summonses to a responsible party.

North Arlington -- A Nutley resident was stopped by police in the early evening of July 11 after she crossed over the double yellow several times and almost struck several oncoming cars while having her eight-year-old son in the vehicle. The 33-year-old woman was charged with drunk driving, endangering the welfare of a child and refusal to submit to a breath test. The arrest occurred on Jauncey Avenue at River Road. According to reports, the woman failed the field sobriety test. She was subsequently released on summonses to a responsible party and the child was turned over to a family friend.

Police Blotter 07/23/09, LeaderNewspapers.net, July 23, 2009

West Windsor Township -- In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township -- Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro -- On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

Plainsboro -- A 22-year-old man from Monroe, NJ, was charged with DWI after a traffic stop on eastbound Scudders Mill Road in the early morning hours. Police pulled the man over for running a red light and failure to maintain lane. He was placed under arrest and charged with DWI, reckless driving, failure to observe signal and failure to maintain lane.

Plainsboro -- A Jackson man was charged with driving under the influence of alcohol following a Wednesday evening traffic stop along westbound Plainsboro Road. An officer observed the 50-year-old driver apparently unable to maintain his lane of travel. The driver was subsequently pulled over and issued several field sobriety tests, which he failed. Deemed to be intoxicated, police arrested the man and charged him with DWI, reckless driving, failure to maintain lane and failure to wear a seat belt.

POLICE BLOTTER: Princeton, West Windsor, Plainsboro, CentralJersey.com, July 6, 2009

Mount Olive
A 57-year-old Hackettstown woman was stopped by police last Saturday and charged with driving while intoxicated, failure to stay within her lane, and reckless driving. The drunk driving arrest occurred in Morris County, New Jersey, following a traffic stop on Oakwood Drive. The lady was released and currently has a court appearance pending.

Several potential drug DUIs recently occurred this past weekend. The first involved a 17-year-old juvenile from Long Valley, NJ, who was stopped by police for failure stay within his lane, as well as drug possession in vehicle. The stop took place on Route 46, after which the young man was released to one of his parents.

A second incident involved another 17-year-old male -- a resident of Randolph -- who was charged for allegedly possessing marijuana in a motor vehicle. According to police, officers were checking on a parked car in Flanders when they encountered two teenagers as well as a small quantity of the drug, plus a pipe. Both youngsters were subsequently released to their parents.

The third incident involved a 27-year-old resident of Alexandria, Virginia, who was charged Saturday with possession of marijuana, khat and drug paraphernalia after a traffic stop on Route 46. According to police, the man had a bag of suspected marijuana, rolling papers, an open container of cognac and khat. Khat, a stimulant derived from a plant native to East Africa, is classified as a Schedule III drug in New Jersey and its possession is illegal. Additionally, the man was charged with careless driving, failure to maintain lane and possession of an open alcoholic beverage in a motor vehicle. He was taken to the Morris County jail with bail set at $75,000.

Boonton
A 70-year-old man from West Milford, NJ, was pulled over by police in the late evening of June 30 on suspicion of drunk driving. He was charged with DWI, reckless driving, and failure to keep right, as well as disregarding a traffic signal. Following the arrest, he was released pending an appearance in municipal court.

A 26-year-old resident of Denville was charged with drunk driving, as well as possession of drug paraphernalia and a hypodermic needle after he apparently lost control of his vehicle in a Walmart parking lot. According to police, the man crashed his vehicle into signs and concrete islands in the parking lot on June 27. He was later released pending a municipal court appearance.

Police Blotter, DailyRecord.com, July 7, 2009

Lyndhurst -- a 52-year-old driver was picked up for driving under the influence of alcohol during the evening of May 14. The Rutherford, New Jersey, resident was arrested for DWI, possessing an open alcoholic beverage container in his car, careless driving, as well as improper parking. The incident occurred in the parking lot at 540 New York Avenue in Lyndhurst. According to police reports, the man's vehicle was observed parked partially in the parking lot and partially in the roadway. After being charged for drunk driving, as well as the other offenses, he released to Hackensack University Medical Center.

Lyndhurst -- Hours later, during the early morning of May 15, a 41-year-old man from Milton, MA, was also arrested for driving while intoxicated, as well as refusing to submit to a breath test following a motor vehicle stop on Ridge Road near New Jersey Avenue. Prior to being released to a responsible party, the man was also charged with being an unlicensed driver, careless driving and failure to maintain a lane.

North Arlington -- During a routine motor vehicle stop in the late evening of May 8, police reportedly detected the odor of burnt marijuana in a vehicle at Ilford and Prospect avenues. Police determined that both a 16-year-old male from North Arlington and the driver, a 17-year-old male from Lyndhurst, had smoked marijuana. The passenger was charged with being under the influence of marijuana and released to his parents. The driver was charged with having tinted windows, violating his provisional driver's license for having four people in the car, DWI and being under the influence of marijuana. He was also released to his parents.

North Arlington -- A North Arlington resident was arrested in the early hours of May 13 for DWI, reckless driving, refusal to submit to a breath test, having no front license plate on his car and not wearing a seat belt. The 37-year-old driver was stopped on River Road by Stevens Place. According to police, after failing the field sobriety test, the man was taken into custody and his car was impounded. He was later released on summonses to a responsible party.

As a New Jersey DWI / DUI attorney, I and my staff of drunk driving defense lawyers have the necessary experience to handle cases similar to these. If you or someone you know has been stopped for driving while intoxicated, or driving under the influence of drugs or marijuana, we recommend that you seek qualified legal assistance. The Law Offices of John F. Marshall is here to help. Contact us toll free at 877-450-8301 for a free consultation.

Police Blotter 05/21/09, LeaderNewspapers.net, May 21, 2009

As a New Jersey resident, have you been issued a summons for possession of marijuana, or weed, in a motor vehicle? Or worse, been charged with drug DUI, or DWI, involving marijuana? With the likely increase in the legal use of medical marijuana in New Jersey and other states, it is conceivable that use of this drug may become more prevalent. Meanwhile, there is obviously a steady illegal trade in marijuana ongoing now throughout the Garden State. As a drug, the use of marijuana can affect a person's ability to operate a motor vehicle.

If marijuana is found in your car, the police will usually issue a summons for possession in a motor vehicle. As experienced DWI and marijuana DUI defense attorneys, we at the Law Offices of Jonathan F. Marshall are fully prepared to defend you or a loved one in court. We know drunk driving and DUI law inside and out, which is why you can turn to us when faced with a driving under the influence or possession charge.

Under New Jersey law, persons are prohibited from operating a motor vehicle while knowingly in possession of marijuana. You should know that this law (N.J.S.A. 39:4-49.1) is directed at the driver of a vehicle and does not apply to the other occupants. In order to prove a violation, the state must establish several facts:

-- Operation of a motor vehicle by the accused
-- Presence of marijuana on the person of the operator or in the vehicle
-- Knowledge by the driver that he or she was in possession of the marijuana

Considering this, a driver has a good argument against conviction under the statute if he is not within wingspan of physically controlling the marijuana. An example of this is where the marijuana is on the person of a passenger.

How bad can a conviction be? If you are found guilty of possession of marijuana, as the operator of a vehicle, the most significant penalty is a mandatory two-year suspension of your driver's license. Unlike a drunk driving-related license suspension, the suspension for possession of marijuana in a motor vehicle means a complete and total exclusion from driving. Period. There are no special provisions under the law for a work license or a conditional driver's license. This is nothing short of an absolute suspension, which can seriously affect your life and your livelihood. Furthermore, there are fines, assessments and motor vehicle surcharges also attached to a conviction involving marijuana possession in a motor vehicle.

For these reasons, if you have been charged with violating N.J.S.A. 39:4-49.1, it is simply unwise to plead guilty to this offense. It is important to know that our attorneys have a very high success rate in helping clients avoid a conviction for this offense. Every lawyer at our firm has many years experience of defending drug charges and traffic offenses, including tickets for possessing marijuana in a car. We are available to assist you 24/7 at 1-877-450-8301. Call us for a free initial consultation today.

Lyndhurst -- A 52-year-old New Jersey man was arrested for driving under the influence of alcohol last week on Thursday evening when police found the allegedly intoxicated suspect in his car, which was parked and partially blocking the roadway on New York Avenue. In addition to drunk driving, he was charged with having an open alcohol container in his vehicle, as well as careless driving. Reports stated he was released to Hackensack University Medical Center.

Lyndhurst -- Early on May 15, an out-of-state man was arrested for DWI following a motor vehicle stop on Ridge Road. Police charged him with driving under the influence of alcohol after they noticed he was unable to keep his vehicle properly in his lane. The 41-year-old driver refused to submit to breath test. He was charged with not carrying a driver's license and careless driving, then released on summonses to a responsible party.

North Arlington -- Police reported a motor vehicle stop on May 8 at Ilford and Prospect avenues. Officers detected the odor of burnt marijuana and determined a 16-year-old male passenger from North Arlington and the 17-year-old male driver from Lyndhurst, had been smoking marijuana. The passenger and driver were both charged with being under the influence of marijuana. The driver was also charged with DWI and violating his provisional driver's license for having four people in the car.

North Arlington -- A 37-year-old resident of North Arlington was arrested last week on Wednesday morning for DWI, reckless driving, refusal to submit to a breath test, as well as not wearing a seat belt. The stop occurred on River Road by Stevens Place. Police reports indicate that the driver failed a field sobriety test, after which police impounded his car. He was later released to a responsible party.

North Arlington -- A 27-year-old Newark man was arrested on May 15 at 1:53 a.m. for DWI. The driver, whose car was parked on Prospect Avenue, was also charged with refusal to submit to breath test, failure to produce registration and having no insurance. Police state that he failed the field sobriety test. His car was impounded and he was released on summonses.

With the warmer weather upon us more people are enjoying there evenings. Unfortunately, instances of drunk driving also tend to rise at this time. New Jersey's law enforcement officers are well aware of this and are constantly looking for intoxicated drivers. If you or someone you know has been charged with, or issued summonses for, driving while intoxicated, drug DUI or marijuana DWI, you could be subject to fines and/or jail time. In such cases, we highly recommend you retain a New Jersey DWI / DUI Defense Attorney. Our legal team has the experience to help you prepare for your case.
 

Police Blotter 05/21/09, LeaderNewspapers.net, May 21, 2009

East Rutherford -- A 29-year-old local man was picked up for drunk driving in the late evening of Wednesday, May 6, following a minor accident on Patterson Avenue. The allegedly intoxicated driver was arrested for DWI, as well as for not maintaining a vehicle in safe condition, failure to produce a driver's license, driving on a suspended license, lack of insurance and failure to report a change of address. The suspect also refused a breathalyzer test. According to police, the man's vehicle hit a curb, which blew out one of his tires. He admitted to officers that he did not have his driver's license due to it being suspended for a previous DWI conviction. He was later released.

North Arlington -- A 47-year-old resident of Belleville, New Jersey, was arrested in the early morning of May 8 for a series of offenses, including driving while intoxicated, careless driving, parking his car on the sidewalk and refusing to take a breath test. The man reportedly sped into a Chase Bank parking lot, where the observing police officer was parked in a marked police cruiser. The man reportedly stopped his car, stumbled out and staggered to the bank's cash machine. Upon returning to his car, the officer approached the man and gave him a field sobriety test, which he failed. The man also refused a breath test, after which he was arrested and taken into custody. The vehicle was impounded and the man was later released to a third party the vehicle.

Princeton -- In a possible marijuana DUI arrest, a 35-year-old Lawrence, NJ, man was charged for driving down Paul Robeson Place while intoxicated and in possession of marijuana. The man was arrested following a 12:15 a.m. vehicle stop the morning of Friday, May 13, and taken into the borough police headquarters. He was later released on his own recognizance. Police reports show that the man was charged with DWI, as well as possession of marijuana and other drug paraphernalia, however, there was no indication what the suspected intoxicating substance was.

Princeton -- A second potential DWI /DUI arrest occurred a half-hour later that same Friday morning as police arrested an allegedly intoxicated 33-year-old driver from Bethlehem, PA, following another motor vehicle stop on Paul Robeson Place. The driver was later released from police custody on his own recognizance, although police again did not specify the suspected intoxicating substance.

As New Jersey DWI / DUI Attorneys, our office is experienced with these kinds of motor vehicle stops and driving while intoxicated, or under the influence, arrests. If you or someone you know has been arrested or charged with DWI, DUI or refusal to submit to a breath test, we highly recommend that you retain the services of a qualified legal profession, such as those at The Law Offices of John F. Marshall. Contact us toll free at 877-450-8301.

Police blotter, Trentonian.com. May 17, 2009

Police Blotter, LeaderNewspapers.net, May 14, 2009

Hackettstown -- In what initially could have been a DWI drug arrest on Saturday, April 25, a K-9 police unit from Washington Township found 34 bags of heroin in a vehicle occupied by a young woman and a 22-year-old man from Fairfield, NJ. The man was eventually charged with possession of heroin and a hypodermic needle following the traffic stop on Stiger Street. He was then sent to the Warren County jail with bail set at $5,000. The 18-year-old female driver and owner of the vehicle was issued a summons for a vehicle violation and released.

Montville -- A number of teenagers were charged with underage alcohol possession by police who were responding to a Saturday night complaint regarding a large party just off Bonnie View Lane. Upon arriving at around 10:30 p.m., officers encountered a large group of minors leaving the scene. A juvenile driver was also charged with violation of his provisional driver's license. There were no arrests for underage DWI.

Montville -- An 18-year-old man from Pine Brook, New Jersey, was charged with possession of marijuana in a vehicle on the evening of Friday, April 24, after police checked a car parked on Briarcliff Road with four people inside. A juvenile that was present was charged with obstruction.

Montville -- An octogenarian from Garfield was charged with driving while intoxicated and careless driving during the evening of April 22. Police pulled over the 81-year-old man after observing him operating his Jeep with one flat tire along Stiles Lane.

Montville -- A Maywood, NJ, man was charged with DWI and refusal to submit to a breath test on Wednesday, April 22. Police saw the 30-year-old driver speeding on Route 46 East and proceeded to stop the suspect and attempt to test his blood-alcohol level after seeing that he appeared intoxicated.

Mount Olive -- In a possible instance of marijuana DWI, a 28-year-old man from South Brooklyn, New York, was charged in the early morning hours of Thursday, April 30, with possession of marijuana and paraphernalia. The arrest came after police checked a van parked in the parking lot of a Wendy's restaurant. After the man was unable to produce a driver's license, police asked him to step out of the van when saw a bong on the floor of the vehicle with suspected marijuana residue. The man was later released pending a court hearing.

If you are arrested for, or charged with, driving while intoxicated or drug DUI, you could be looking at monetary fines, or even time in jail, if convicted. If you or a relative is issued a summons for DWI, drug or marijuana DUI, or refusal to submit to a breath test, we highly recommend that you secure the services of a New Jersey DWI Attorney. The legal professionals at The Law Offices of John F. Marshall have the knowledge and experience to give you the best possible representation for your day in court.

Police Blotter, DailyRecord.com, May 1, 2009

Boonton -- Police charged a 58-year-old Boonton Township, NJ, man with DWI, reckless driving and not having insurance for his vehicle. The allegedly intoxicated man was picked up by police during the late afternoon on Saturday, April 25, and released pending an appearance in court.

Boonton -- A woman from Kinnelon was pulled over by police for drunk driving, as well as reckless driving. The 45-year-old was stopped just after 9 p.m. and subsequently released pending appearance in court at a later date.

Madison -- In what could possibly have been a drug DUI arrest, as 20-year-old Westfield man was arrested on Thursday, April 23, after police responded to a call regarding an occupant of a vehicle snorting drugs on Loveland Street. The vehicle apparently left that location, as the police pulled the vehicle over on Green Village Road, where they arrested the young man after noticing a white powdery substance on the man's lips. According to authorities, the arresting officer found a white tube and the driver admitted that he had been snorting oxycodone. Police arrested and charged the man with possession of drug paraphernalia, and then released him shortly thereafter.

Madison -- A Florham Park man was stopped for driving while intoxicated last Saturday by a Madison, New Jersey, police detective. While leaving a parking lot on Cook Avenue, the suspect made an extremely wide turn into an opposing lane and almost hit the detective's vehicle. The 24-year-old man was pulled over on Kings Road, where he failed a field sobriety test and was arrested for DWI. He was also charged with failure careless driving and failure to keep right. Police reported that the man was later released to a relative.

Sparta - An 18-year-old was charged with under-age possession of marijuana (and possession of less that 50 grams), as well as possession of ecstasy and drug possession in a motor vehicle. A police officer found the man in his vehicle, parked near the Thomas Edison monument on Edison Road. As probable cause for the arrest, the officer reported that he could detect the smell of burned marijuana once he was close to the parked auto.

Wharton - A DWI arrest was made in the early morning hours of April 25, when a 49-year-old woman was observed by police driving her vehicle at a very slow speed along West Central Avenue. Failing to stay right, an officer stopped the suspect on West Dewey Avenue. Before being released pending a court appearance, she was also presented with summonses for several other offenses, including delaying traffic, fraudulent inspection sticker, failure to make repairs and reckless driving.

If you are arrested for, or charged with, driving while intoxicated or drug DUI, you could face monetary fines and even jail time, if convicted. Should you or a family member be issued a summons for DWI, we highly recommend that you engage the services of a New Jersey DWI Attorney. Our professional legal team has the experience to help prepare you for your day in court.

Police Blotter, DailyRecord.com, April 28, 2009

Could New Jersey expect an increase in DUI arrests involving marijuana if the drug becomes legal for medicinal use? Nobody can truly know the answer until such a law takes effect. But with the increasing number of medical marijuana bills being proposed and voted into law across the country, one can only assume there will be more opportunity for marijuana DUI arrests.

Neighboring New York State may soon pass legislation -- which would make it the 15th state to legalize medicinal marijuana -- and the New Jersey legislature is on the verge of passing a similar bill. The legislation currently specifies that individuals with painful or debilitating illnesses such as AIDS, cancer, glaucoma and multiple sclerosis will be able to register with the state to use marijuana legally.

Not long ago, New Jersey Attorney General Anne Milgram responded positively to the proposed law, which would allow patients to purchase the drug from a state-approved outlet, or even grow the plants at home. Calling it a "workable" law, Milgram agreed that there are concerns about how to enforce laws to ensure that the drug be used legally and only by patients who qualify.

Legally-registered New Jersey users would have a special photo ID and be allowed to possess up to six marijuana plants, as well as one ounce of usable marijuana. By law, these people would be prohibited from driving while under the influence of the drug, as well as be banned from smoking it in most public places. Proponents of the bill say that these restrictions could be enforced relatively easily, much the same as they are today. Detractors argue that it will be fraught with problems for the law enforcement community.

According to reports, the state attorney general's office has sent recommendations to Governor Jon Corzine, who has indicated that he will sign the bill, regarding various means that the state can use to guard against potential abuses of the impending law.

Those abuses could manifest themselves in many ways, including a rise in traffic offenses -- and subsequent court cases -- involving driving under the influence of marijuana. As a New Jersey Defense Attorney, my team of talented lawyers has vast experience in defending those who have been arrested for drug DUI offenses. If you or a relative have been arrested for DUI, we suggest you seek the assistance of professional counsel to protect your rights.

Assembly should OK medical marijuana, CourierPostOnline.com, April 26, 2009

Approval predicted for medical marijuana, BuffaloNews.com, April 22, 2009