New Jersey DWI Lawyer Blog

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.

Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.

A red dot on cars, HSJ.org, May 4, 2010

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

For instance, the policeman may actually see you running through a traffic light or even make a lane change without signaling. It's well known that certain vehicle maneuvers are signatures of a driver operating under the influence of beer, wine, hard liquor or prescription drugs. These suspicious driving patterns include drifting across the center line, weaving into and out of traffic lanes, driving well below the speed limit, or slowing and speeding up for no apparently legitimate reason.

Whenever a patrolman observes these and other so-called erratic driving behaviors, he may decide to make a completely legal traffic stop to observe you and your vehicle more closely.

Once a law enforcement officer has you stopped by the roadside, he or she will likely ask several questions. Whether you must answer these queries depends on the actual information be requested. You do not have to answer all questions put to you by an officer, but some you are legally required to answer, such as your name, age and whether you have a valid driver's license.

It is important to remember that police officers do not have to read you your Miranda rights until after an arrest has been made. Up until that point, the officer will probably attempt to illicit an incriminating statement from you, such as an admission that you were just coming back from a party or that you had been drinking. Gathering this type of information will help the municipal prosecutor to prove the DWI charges against you in a court of law and likely secure a conviction for drunken driving.

According to recent news reports, a Mercer County, NJ, teenager was arrested on charges of dealing drugs and possession of marijuana in a motor vehicle. Although there was no direct indication of drug DUI, such a situation could have resulted in a similar charge against the teen. If a charge of drug DUI was also involved, defense similar to driving while intoxicated due to the influence of alcohol could be applied, with certain differences.

As a New Jersey DWI and drug DUI defense lawyer, I know that certain conditions have to be met to charge a driver with possession of marijuana. Unless the driver is carrying the marijuana himself, he generally cannot be charged with possession in a motor vehicle. Under N.J.S.A. 39:4-49.1 the law prohibits a person from operating a motor vehicle while knowingly being in possession of pot.

According to the news reports, a traffic stop was made on December 17 just before 11pm on Route 206. At the time, police were conducting drunken driving patrols as part of the "Over the Limit, Under Arrest" anti-DWI enforcement campaign. Police reports indicate that officers pulled over a 2005 Honda with several young people inside. The driver was identified as Russell Floyd, and 18-year-old resident of Lawrenceville. The driver was issued one of several summonses by the police when they discovered the teen did not have a valid driver's license.

Coincident to the traffic stop, another passenger, a 17-year-old male from Princeton, was found to be in the possession of more than a dozen ziplock bags of marijuana, as well as 11 empty bags and a weighing scale. The juvenile, who police have declined to identify, was charged with possession of drugs with intent to distribute, among other offenses.

It is important to note that the law against possession of marijuana in a motor vehicle applies solely to the driver and not the passengers of a vehicle. In order to prove a violation, the state must establish that the suspect was A) the driver, B) had marijuana on his or her person and C) knew positively that he or she was carrying said substance while operating the motor vehicle. If the operator of the vehicle was not within wingspan of physically controlling the marijuana, he has a good chance of avoiding a conviction.

Cops: Princeton teen dealer had baggies and scale in the car, Trentonian.com, December 29, 2009

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

• $100 -- Drunk driving enforcement fund
• $100 -- Motor Vehicle Commission restoration fee
• $100 -- Intoxicated Driving Program fee
• $50 -- Violent Crimes Compensation Fund fee
• $75 -- Safe and Secure Community Program fee
• $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.

Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

Police in the township of Hillsborough reported a trio of DWI arrests in mid-October, two of which were drivers from Somerset County; a second was from Mercer County. With six offices throughout the state, my team of New Jersey drunk driving defense lawyers provides representation for many residents across the Garden State. These latest arrests in Hillsborough are typical of the cases we see throughout the year.

According to the township police department, a 60-year-old local man was arrested for driving while intoxicated on October 9 in the parking lot of the Amwell Racquetball Club. News articles show that James Davison was found allegedly drunk in his vehicle by police officers following a report of a car hitting a parked vehicle at the club.

When officers arrived, they found Davison's car in one corner of the parking lot, with evidence of the collision with another vehicle, as well as two damaged signs near the entrance of the club. The suspect reportedly told the officers that he had drank a fifth of scotch before driving. Davison was charged with DWI, careless driving, leaving the scene of an accident and failure to report an accident.

The following day, a Somerset County man was arrested for DWI at the intersection of Amwell Road and Beekman Lane. According to reports, a patrol officer said he observed Matthew Poslusny drifting from the right to left lanes. The 22-year-old Neshanic Station resident told the officer he consumed two beers prior to driving, but later revealed that he had three "Jager bombs." Poslusny was charged with DWI, failure to maintain lane and DWI within a school zone.

A third drunk driving arrest was made in the early morning hours of October 11. According to police reports, a Mercer County driver was arrested for DWI after his vehicle came to a stop in the parking lot of Hillsborough Diner after swerving into oncoming traffic near the diner. Melvin Corado, 32, from Trenton was charged with DWI, failure to maintain lane, being an unlicensed and suspended driver, refusal to repair and fraudulently obtaining a certificate of approval.

Hillsborough Police news, NJ.com, October 20, 2009

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough
A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.

A woman from Lawrenceville was pulled over on Bayard Lane by a police patrol car in the early morning hours for a routine traffic stop due to a burned out brake light. The officer in charge determined that the 28-year-old was allegedly impaired and arrested her for DWI.

West Windsor
Another Lawrenceville resident was stopped by police after he was observed having difficulty maintaining his lane on southbound Route 1 at Alexander Road. The 25-year-old was given several field sobriety tests to determine his level of impairment and concluded to be driving under the influence of alcohol. Police charged the man with DWI, reckless driving, failure to maintain a lane, and failure to signal a lane change.

A 22-year-old Monroe Township resident was stopped by police after his vehicle was observed traveling in excess of the posted speed limit in the early morning hours. The incident occurred on northbound Route 1 near Harrison Street. Police pulled the man over for speeding and determined that he was also intoxicated. After failing a battery of field sobriety tests, officers arrested the driver for DWI, reckless driving, speeding and failure to keep right.

Plainsboro
A Middlesex County resident was stopped on northbound Route 1 by patrol officers because of a burned out headlamp on his 1997 Toyota Camry. During the stop, which occurred around 3:30am, officers found the 20-year-old driver to be intoxicated. In addition to receiving a citation for defective equipment, he was arrested for underage DWI and reckless driving.

A 27-year-old local woman was charged with DWI after a traffic stop on Plainsboro Road. She was pulled over shortly before 2am for speeding and failure to maintain her lane of travel, according to police reports. She was issued summonses for DWI, failure to maintain lane and reckless driving.

POLICE BLOTTER: Princeton, W. Windsor, Montgomery, Plainsboro, CentralJersey.com, September 28, 2009

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person's current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.

West Windsor

Plainsboro

Continue reading "New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties" »

Drivers traveling near Lawrence Township in Mercer County this Friday evening should be aware that a drunk driving sobriety roadblock will be operating along Brunswick Pike until the early morning hours of Saturday, August 29. This DWI checkpoint is part of a state and nationwide campaign to identify and arrest individuals operating motor vehicles while under the influence of alcohol.

The initiative, known as "Over the Limit, Under Arrest," is targeting the roadways of New Jersey in an effort to pick up motorists driving with an illegal amount of alcohol in their system. The entire nationwide campaign is running from August 21 to September 7, through the Labor Day holiday.

As part of this campaign, the Lawrence Township Police Department has received funding through the New Jersey Division of Highway Traffic Safety. Law enforcement officers will be setting up a checkpoint on Brunswick Pike just south of Franklin Corner Road starting around 9:30 p.m. on Friday, August 28. The DWI roadblock will be in operation until 4 a.m. Saturday.

Drivers stopped at this and other roadblocks throughout the state will be evaluated by a police officer, who may decide to conduct a standardized field sobriety test. If the patrolman has reason to believe a driver is intoxicated, that officer may then request that the motorist undergo a Breathalyzer test to ascertain the individual's blood alcohol content (BAC).

Our law firm endeavors to alert drivers to the existence of checkpoints such as the one in Lawrence because of the possible incidence of drunk driving in or around that particular locale. New Jersey law states that police and other law enforcement agencies can only set up sobriety roadblocks in areas that have a statistically high percentage of drunk driving arrests.

As a New Jersey drunk driving attorney, I always tell people who have been arrested for DWI or issued a summons for drunk driving or breath test refusal to retain the services of an experienced drunk driving defense lawyer. There is no reason not to protect yourself when you step into the courtroom on a charge of driving while intoxicated.

LAWRENCE: Police to crack down on drunken drivers, CentralJersey.com, August 19, 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

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