New Jersey DWI Lawyer Blog

Here in the Garden State, motorists are rather familiar with the presence of police road patrols, as well as the typical saturation patrols that occur from time to time during holiday weekends and other periods well known for family and friendly get-togethers where alcohol is usually served. It is at these times that the rate of potential drunken drivers rises to the occasion as well.

As New Jersey DWI-DUI defense attorneys, I and my legal staff know the ease with which a driver can be stopped for a traffic violation only to find him or herself accused of driving under the influence of beer, wine or hard liquor. For the younger crowd, police may from time to time find evidence of marijuana inside the vehicle or on the driver's person, which can lead to a drug DUI or possession charge.

Any time a motorist is stopped by the police, it can be an unsettling and intimidating experience. Just the mere presence of a police officer, be it a state patrolman or a local municipal officer, can cause a driver to act out of character or become flustered. As of experienced drunken driving lawyers, my firm understands how certain mannerisms, coupled with so-called evidence of alcohol consumption can lead to a DWI arrest, the outcome of which will have a great deal to do with the subsequent breathalyzer test and other evidence from the state.

Of course, being stopped in Morris County, like Monmouth, Ocean and Bergen counties, results in very similar procedures, but the circumstances may vary considerably. As many people know, a driver cannot be stopped on the street simply on a policeman's hunch that the motorist is drunk. There must be a specific violation witnessed by that officer. However, in the case of drunk driving checkpoints, a driver and his passengers become the focal point of an officer's attention as soon as the vehicle they are in is waved into the sobriety roadblock area.

Continue reading "Morris County Drunken Driving News: New Jersey's Holiday DWI Patrols and Sobriety Checkpoints Continue" »

As anyone who has ever been arrested or even convicted of driving while intoxicated will likely know that many times a police officer will testify he detected the odor of alcohol on the motorist's breath prior to a drunk driving arrest. While this statement is usually not enough to convict a driver of DWI, it can be sufficient to prompt the officer to ask the driver to exit his or her vehicle and perform several field sobriety tests -- and from that a drunken driving arrest could be forthcoming.

As New Jersey drunk driving and drug DUI defense lawyers, I and my staff have represented numerous individuals accused of driving under the influence of alcohol, prescription medication, and even illegal substances like marijuana. Many of these people believed that they were not impaired at the time of their arrest. Still, when a patrolman states under oath that a driver smelled of beer, wine or hard liquor, it can seem as if the prosecution has a solid case against the defendant.

Earlier this fall, the Appellate Division of the Superior Court of New Jersey overturned a lower court ruling that was apparenlty pinned on the argument that a police officer who sniffed the breath of an underage teen at a party in Independence, NJ, provided sufficient notice that the individual had certain rights. The rights that were allegedly implied by the officer's "sniff test" were the young man's Miranda Rights; the lower court that rendered the guilty verdict said the act of sniffing for the odor of alcohol was akin to announcing that the suspect had the "right to remain silent."

Continue reading "Warren County DWI News: Is Smelling for Alcohol on a New Jersey Motorist a "Police Interrogation"?" »

According to police agencies across the state, the Thanksgiving holiday has become one of the more common times of the year for New Jersey drivers to be arrested for drunken driving. Not only do local police departments expect increases in arrests for driving under the influence of alcohol, but also for charges of operating a motor vehicle while impaired by prescription medications (drug DUI) and illegal drugs, such as cocaine and marijuana.

The New Jersey State Police have already identified the Thanks giving holiday and subsequent weekend as a prime DWI-DUI enforcement period in areas such as Passaic, Ocean and Sussex County. This should come as little surprise to those who make a living driving or who commute on a regular basis in the evenings and early mornings here in the Garden State.

As New Jersey DWI defense attorneys, I and my staff of experienced drunk driving lawyers understand how easily an individual can be caught up in a DWI arrest. While those who experience a drunk driving or DUI arrest may find the process somewhat unnerving, the real shock can be the actual conviction. Even for a first-time offender the potential penalties and fines, as well as possible jail time after being convicted should be enough to consider proper representation.

According to news articles, Monmouth County's DWI task force began ramping up their enforcement effort this past Wednesday (Thanksgiving Eve) with roving DWI patrols and drunken driving checkpoints (also known as sobriety roadblocks). Based on news reports, from Wednesday night through the entire Thanksgiving weekend, police presence throughout the county will be quite strong.

Wednesday saw an increase on saturation patrols throughout Ocean Twp and Brielle - where local police officers were patrolling the roadways looking for drivers who exhibit signs of impaired driving. As is already known, police cannot stop a vehicle simply on the assumption that the driver is operating his or her vehicle while under the influence of beer or wine, hard liquor or drugs. Instead, the officer must observe a traffic violation in order to pull a driver to the side of the road, after which any evidence of DWI or DUI may be grounds for an arrest.

In Monmouth County, a sobriety checkpoint was scheduled to be in operation from the later evening on Wednesday until early Thursday morning along a stretch of Rte 9 in Howell, NJ. Tonight, from 11pm until 3am tomorrow morning, a second DWI roadblock is scheduled to be in operation in Middletown along the northbound lanes of Rte 35 at Coopers Bridge (using the parking lot of the Hudson City Savings Bank to carry out sobriety tests).

Drivers flagged into these areas should be ready for questioning by officers who will be looking for signs of intoxication or other kinds of impairment. Should a patrolman suspect that a motorist is inebriated, drunk or under the influence of some kind of drug, that individual will likely be asked to exit the vehicle in order to perform one or more standardized field sobriety tests. Failing one or more of these tests may be sufficient for the officer in charge to arrest the driver and take him or her into custody.

Needless to say, once an arrest has been made, police will usually take the suspect to headquarters for a breathalyzer test to determine blood-alcohol content (BAC). Readings from an Alcotest device or other evidence collected at the checkpoint may be used by the local prosecutor's office to prove that the driver was legally drunk when operating their vehicle.

Monmouth DWI task force plans checkpoints throughout holiday weekend, APP.com, November 23, 2011

Apparently someone's winning the so-called battle of the sexes these days, though not in the way some would prefer. Based on a recent study conducted by the Centers for Disease Control (CDC), male drivers are more likely to operate a motor vehicle while under the influence of alcohol than female drivers. As New Jersey drunk driving defense attorneys, we can add that that with a higher rate of men driving while intoxicated that this portion of the population likely has a higher incidence of DWI arrests.

While it is true that not everyone who gets behind the wheel of a car, truck, motorcycle or watercraft when legally intoxicated is arrested and charged with drunken driving, it is also true that of those who are caught with a 0.08-percent or greater blood-alcohol content (or BAC) are sometimes surprised that they received a summons for DWI.

Similarly, with police enforcement of anti-drunk driving laws, a percentage of these arrests involve individuals accused of being impaired by doctor-prescribed medication (drug DUI) or even illicit drugs, such as cocaine and marijuana. These DUI cases arise from many of the same circumstances as DWI police stops; of course, both types of arrests can also occur at any of the dozens of DWI roadblocks and drunken driving checkpoints held every year in the Garden State.

As for the CDC's report, nationwide, men are as much as four times more likely to get behind the wheel of a car or truck after having more than one drink than their female counterparts. According to news reports, the Centers for Disease Control and Prevention shows that this trend applies as much to residents of New Jersey as well as other states; verified by our own state's Division of Highway Traffic Safety, local statistics indicate that 80 percent of fatal DWI traffic accidents involve a male driver.

Continue reading "NJ Drunken Driving News: Male Drivers More Likely to be Arrested for DWI than Females" »

First and foremost, anti-drunken driving enforcement in the Garden State is handled in a number of ways. While enhanced roving DWI patrols in counties like Monmouth, Bergen and Ocean are often used before and during popular holidays, such as July Fourth, New Year's, Memorial Day and others, drunk driving checkpoints, or Sobriety roadblocks as they are also known, are randomly set up all over the state usually in the late evening and early morning hours on Fridays and Saturdays -- days of the week that typically have a higher incidence of motorists driving while intoxicated.

As New Jersey drunk driving defense lawyers, I and my legal staff are familiar with the typical tactics used by state and municipal law enforcement agencies to catch drivers who may be operating their car, truck or motorcycle while impaired due to alcohol or prescription drug use. In a percentage of cases, drivers are arrested for driving under the influence of illicit drugs (also known as controlled dangerous substances), like cocaine and marijuana (drug DUI).

When it comes to Sobriety checkpoints, these are commonly used by police departments to catch drunken drivers and help reduce many of the alcohol-related traffic accidents and fatalities throughout the state. So as to be fair, especially under New Jersey state law, state, county and municipal law enforcement authorities are required to publish the operating times and specific locations of upcoming sobriety roadblocks.

As drunk driving defense attorneys representing New Jersey drivers who have been accused of DWI or DUI, we know that that the mandatory public notification of these drunk driving checkpoints are not always published in the most convenient or accessible manner. This is why, from time to time, we ourselves post notices of upcoming or active DWI roadblocks for public use.

It is our contention that if the public knows about the existence of a checkpoint/roadblock, then there would be a better chance that individuals would perhaps avoid the general area during those hours, especially due to the greater likelihood of coming into contact with a drunk driver. This is because, police departments are limited by law to set up DWI checkpoints only in areas that have a historically high rate of drunk driving arrests or accidents.

It goes without saying that during a DWI roadblock, motorists who are stopped by police may be subjected to field sobriety testing and/or breathalyzer testing as a way to determine the driver's blood-alcohol content, or BAC. We would remind any one who has been issued a summons for drunken driving arising from a police stop at a DWI checkpoint to seriously consider retaining a qualified drunk driving defense attorney to better understand one's rights under the law.

Continue reading "New Jersey DWI Defense Update: Drunk Driving Roadblocks Suspended in Elmwood Park; Not for Long" »

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 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" »

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" »

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" »

With so much emphasis on curbing drinking and driving here in the Garden State it's no surprise that a great deal of money is funneled to state and municipal law enforcement agencies for enhanced drunken driving saturation patrols and additional DWI roadblocks and sobriety checkpoints. While police agencies, government entities and traffic safety experts maintain that federal funding of anti-DWI campaigns, such as the "Over the Limit, Under Arrest" effort, is well spent, some may be concerned that the return on investment is less than optimal.

Nevertheless, as New Jersey drunk driving defense attorneys we see numerous potential clients who have been arrested or cited for driving while intoxicated in counties such as Hudson, Monmouth, Ocean and Sussex. While none of these individuals can be placed in any one category, it's a good bet that a percentage were not aware that they may have been legally drunk when they were stopped by a patrolman, or flagged over into one of the many DWI checkpoints that pop up from time to time.

The funding for enhanced anti-drunk driving enforcement patrols from time to time means that the odds of being picked up for operating a motor vehicle while under the influence of alcohol, prescription meds (drug DWI) or even illegal substances, like marijuana or cocaine, is greatly increased. In fact, towns like Elmwood Park in Bergen County, NJ, have the advantage of being funded on a fairly regular basis to fight drunken driving.

According to news articles, toward the end of August, Bergen County collected more than $100,000 in reimbursements for traffic enforcement activities by the county's law enforcement departments. These funds included monies earmarked for anti-drunk-driving campaigns that went to municipalities such as Elmwood Park, which alone received more than $40,000 from the Bergen County prosecutor's office for enhanced DWI enforcement patrols and roadside sobriety checkpoints.

Continue reading "Bergen County Police Departments Get Large Infusion of Money for Increased DWI Patrols" »

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

-- Horizontal Gaze Nystagmus

-- Head-tilt

-- Touching a finger to one's nose

-- Balancing one leg

-- Walking heal-to-toe

-- Reciting the ABCs

-- Counting

The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual's eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.

Continue reading "Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers" »

As a practicing New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the importance of individual rights and how those rights and personal freedoms are protected by the Constitution of the United States. I also know that technology continues to push the envelope of what is considered acceptable regarding free speech and free expression.

Living in such an technologically advanced, diverse and informed society, it doesn't come as much of a surprise to read of the concerns voiced by many individuals regarding the varied uses for which social media are being employed. At this point, we would have to say that this is a complex subject that likely will take years to be fully resolved.

What is clear is that there are many people, law makers and politicians included, who are concerned about how some individuals are using their smartphones and social media sites to communicate instantly the existence of drunken driving roadblocks and sobriety checkpoints, as well as speed traps and other aspects of law enforcement activities. It's no surprise that these channels of communication are highly successful at keeping people up-to-date on all issues, not just DWI enforcement zones; just take a look at the massive changes that have taken place in Middle East, which surely have been facilitated by social media.

According to a recent editorial, there may be a group of people who would like to imprison those who use Facebook and Twitter to publish warnings as to the whereabouts of drunk driving roadblocks. Is this a legitimate concern? Perhaps. However, law enforcement agencies are already required by law to publish the locations of these DWI and sobriety checkpoints in advance. It would be hard to say that a Twitter or Facebook user was revealing secret or sensitive police information.

Continue reading "NJ Drunk Driving Update: DWI Checkpoint, Sobriety Roadblock Alerts on Twitter, Facebook Raise Some Ire" »

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national "Over the Limit, Under Arrest" campaign, it's a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it's hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock) for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual's personal and business relationships or standing in the community.

Continue reading "New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown" »