New Jersey DWI Lawyer Blog

October 15, 2019

New Jersey Court Clarifies Reliability of Horizontal Gaze Nystagmus Test in DWI Cases

There are numerous factors a judge or jury can consider in determining whether a person is guilty of DWI, and in many cases, the court will rely on cumulative evidence in determining a person’s guilt. If the State does not have sufficient evidence to prove a defendant was driving while under the influence, the defendant should not be convicted. Recently, the Appellate Division of the Supreme Court of New Jersey clarified that the results of a horizontal gaze nystagmus test, standing alone, are not sufficient to prove guilt in a DWI case. If you are faced with DWI charges it is prudent to consult a skilled New Jersey DUI defense attorney to discuss your potential defenses.

Factual and Procedural Background

It is reported that the defendant was charged with and convicted of DWI. He appealed, arguing in part that the court erred in considering the results of a horizontal gaze nystagmus test as proof of the defendant’s intoxication. On appeal, the court reversed and remanded the case for further proceedings.

Sufficiency of HGN Test as Evidence of DWI

The horizontal gaze nystagmus test involves the police holding a pen to either side of a defendant’s face and asking the defendant to gaze toward the pen while keeping his or her head still. A person’s eye will involuntarily jerk when looking to the side, but in instances in which a suspect is intoxicated the jerking will become exaggerated. Continue reading

October 7, 2019

Court Discusses Rights Afforded to New Jersey DWI Defendants

by Jonathan F. Marshall

Many people think that if they are charged with a DWI, a conviction is inevitable. DWI defendants have numerous rights, however, f their rights are violated during the course of a DWI investigation, the state may be prohibited from introducing evidence found during the investigation against the defendant. The Superior Court of New Jersey recently discussed what constitutes a violation of the right against unreasonable search and seizure and the right to Miranda warnings in a DWI case. If you are a resident of New Jersey currently charged with a DWI, it is advisable to meet with a knowledgeable New Jersey DWI defense attorney regarding your case.

Factual Background

Allegedly, in April 2017, the defendant arrived at the home he previously shared with his estranged wife with damage to his car. The defendant’s wife called the police and reported the defendant entered the home through the basement, was slurring his words, smelled of alcohol, and appeared to be intoxicated. The police arrived at the home, and the wife permitted them to enter. Once inside, they found the defendant, who smelled of alcohol, had difficulty walking. In addition his speech was slurred.

It is alleged that the police asked the defendant to exit the home, which he did. Once outside, the defendant admitted to drinking alcohol and stated that he came to the home to finish a project. The police then asked the defendant to submit to a field sobriety test. The defendant complied but was unable to complete the test. The police arrested the defendant for driving while intoxicated (DWI). A subsequent blood test revealed his blood alcohol concentration (BAC) to be .29%. Continue reading

September 26, 2019

New Jersey Police Officer Charged with DWI after Hit and Run Crash

by Jonathan F. Marshall

New Jersey takes a tough stance against anyone convicted of driving while intoxicated (DWI). If you were apprehended for a DWI, our accomplished New Jersey drunk driving lawyers are here to protect your rights. We will conduct a thorough investigation into the criminal allegations against you and devise an aggressive defense strategy accordingly. We know how to identify any procedural errors or constitutional violations that may have taken place in your situation.

Under state law, you could face DWI charges for getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. The legal limit is lower for minors and commercial drivers. You should also know that driving while impaired by any kind of drugs can also lead to a DWI charge.

A New Jersey police sergeant was charged with a DWI last month after he crashed into a motorcyclist in upstate New York and then fled the scene. New York State Police said they responded to a call just after 9pm and found the 49-year-old Canadian motorcyclist lying in a ditch with a broken leg. While the New Jersey police officer drove away, the front license plate of his Mercedes-Benz had fallen off where the crash had occurred. State troopers located the cop a few miles down the road, sitting in his car, which had significant damage and had broken down. According to the New York troopers, the New Jersey officer was visibly drunk and refused a breathalyzer test. He was charged with assault by auto, leaving the scene of an accident with an injury, and drunk driving.

September 19, 2019

Thirteen Percent of U.S. Drivers Underestimate Dangers of Driving While High

by Jonathan F. Marshall

Being arrested for driving while intoxicated (DWI) is an extremely serious matter that needs to be handled with the utmost care. Not only are these charges difficult to deal with from a legal standpoint, they can also adversely affect your future and your employment. If you have been charged with impaired driving, our New Jersey DWI attorneys can help you figure out your next steps. With extensive experience in this field of law, you can trust that we will not lead you astray.

According to a survey conducted by the American Automobile Association (AAA), the public routinely underestimates the dangers of driving while high. Of the 2,582 drivers surveyed, about 13.5 percent of U.S. drivers stated they thought that driving within one hour of consuming marijuana was only “slightly dangerous” or “not dangerous at all.” In comparison, only 1.2 percent of individuals surveyed said that driving while intoxicated by alcohol was “slightly dangerous” or ‘not dangerous at all.”

Even though a higher rate of people believe that driving while high is relatively safe, drunk driving is still considered to be much more common and may be more dangerous. Data from AAA reveals that 14.8 million drivers across the country drove soon after using marijuana in the past 30 days, compared to 33 million Americans who drove within two hours of drinking in the last month. While it is clear that driving while high is unsafe, the extent to which it is unsafe is still unclear. The effects of alcohol, on the other hand, have been well documented.

September 12, 2019

New Jersey Cracks Down on DWI Laws

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense that can have negative effects on virtually every aspect of your life. If you have been arrested or charged with a DWI, our New Jersey DWI attorneys have the experience and skills to represent you. We will thoroughly review your situation and use our knowledge to challenge the charges against you. Our goal is to help you avoid the most serious penalties and expenses that accompany a DWI.

In New Jersey, you can be arrested and charged for driving while intoxicated if you are found operating a motor vehicle under the influence of alcohol or drugs. When it comes to alcohol, if your blood alcohol concentration (BAC) is 0.08 percent or above, then you can be on the hook for a DWI. You can even be charged and convicted of a DWI if your BAC is less than 0.08 percent but your ability to drive safely is compromised.

Individuals caught drunk driving will face different penalties to what they did before. Governor Phil Murphy signed a bill into law in August, 2019 that cracks down on drunk driving in New Jersey while also allowing more offenders to hold on to their licenses. The new law reduces the amount of time an individual caught driving under the influence in in the state will lose their license. In exchange for driving privileges, however, the offender will be required to an install ignition interlock device (IID). The IID is a device, which an offender must pay to have installed, that identifies alcohol from a driver’s breath sample. If alcohol is discovered, the vehicle will not start. The measure is designed to curb repeat offenses while still permitting people to continue working and earn a living.

September 5, 2019

Almost Half of E-Scooter Accidents Involve Alcohol

by Jonathan F. Marshall

Driving under the influence is a huge problem in New Jersey and throughout the country. However, police can sometimes be overzealous in charging individuals who may not be guilty. If you’ve been arrested for impaired driving, getting legal advice is vital. Our New Jersey driving while intoxicated (DWI) legal advocates have the experience and expertise to help ease your mind and protect your future. We are dedicated to delivering a solid defense on your behalf so that you can put this incident behind you and move on with your life.

According to a new study published in Trauma Surgery & Acute Care Open, almost 40 percent of individuals who were tested for alcohol after e-scooter mishaps had a blood alcohol concentration (BAC) over the lawful driving limit. Specifically, of the 103 patients treated at three different trauma clinics for e-scooter related injuries, 79 percent were tested for alcohol and 48 percent of those people had a BAC of over 0.08 percent. In addition, sixty percent of the 103 patients in the report were assessed for drugs, and 52 percent of those individuals tested positive.

Recognizing the dangers of alcohol use and e-scooters, New Jersey passed a bill earlier this year that regulated scooters like bicycles, which means people can ride them on streets, highways and bicycle paths. In addition, if you operate a scooter while intoxicated, you could face DWI charges.

August 28, 2019

Cranford Drunk Driver Had Open Container in Car

by Jonathan F. Marshall

New Jersey, like the vast majority of states, has an open container law prohibiting an open or unsealed alcohol beverage container in a motor vehicle. You are most likely to face an open container in a vehicle charge in connection with a driving while intoxicated (DWI) charge. If you or someone close to you was charged with any offense related to drunk driving, we are here to assist you. You can take comfort in knowing that we will provide you with a reliable and robust legal defense concerning your charges. You can trust that we will advocate on behalf of your best interests each step of the way.

A 27-year old man was arrested and charged with a DWI after driving erratically, according to the Cranford Police Department. Police stopped the vehicle for erratic driving but, following an investigation, the driver was arrested for drunk driving. The man was also issued a motor vehicle summonses for, among other things, open container and careless driving.

In New Jersey, an individual commits a DWI if he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. BAC indicates the amount of alcohol in your blood. While 0.08 percent is the official legal limit, you can be guilty of drunk driving even if your BAC is lower than this amount but your ability to drive has been impaired. This is because drinking even seemingly insignificant amounts of alcohol can reduce reaction time and interfere with a person’s ability to drive safely.

August 21, 2019

Father Pleads Guilty in Tragic Drunk Driving Accident that Killed his Daughter

by Jonathan F. Marshall

Most people are familiar with basic drunk driving laws in New Jersey, but are far less knowledgeable about what happens if you are caught driving while intoxicated (DWI) with a minor in tow. This is an extremely serious offense with deliberately harsh penalties. If you have been arrested or charged with drunk driving and you had a minor in the vehicle, you need our help. Our New Jersey DWI attorneys understand how serious these charges are and also know how to handle them.

A man from Elizabeth recently pled guilty to a drunk driving accident that killed his daughter last year. In November 2018, police were called regarding a car accident on 1-295 north. Upon arrival, they discovered a man’s Ford Focus in the grass beyond the right shoulder. His 9-year old daughter had been tossed from the vehicle into a wooded area and suffered deadly injuries. The man and a younger daughter, who was also in the vehicle at the time of the accident, were not seriously hurt. The man allegedly consumed multiple alcohol beverages at an establishment before driving. His blood alcohol content (BAC) was determined to be double the legal limit. Prosecutors say that the 38-year old man pled guilty to one count of vehicular homicide, one count of endangering the welfare of a child and driving while intoxicated.

There are typically two kinds of charges that can result when a minor is in the car during a DWI arrest. N.J.S.A 39:4-50:15 makes driving with a minor (17 years of age or younger) in the car a disorderly persons offense and calls for additional criminal penalties for drivers who are found guilty of a DWI with a minor present. These penalties include possible jail time, up to six months of license suspension, fines up $1,000 and no more than five days of community service. It is important to note that these are penalties on top of the serious penalties you would be facing for a DWI in the first place.

August 15, 2019

New Jersey Law Enforcement Prepares for Drunk Driving Crackdown Ahead of Labor Day

by Jonathan F. Marshall

New Jersey police are allowed to set up roadblocks for the specific purpose of spotting drunk drivers. If you or a loved one has been arrested for driving while intoxicated (DWI) as a result of a DWI checkpoint, we may be able to help you. Our New Jersey criminal defense attorneys understand how to defend you against DWI charges. These charges are extremely serious, which is why it is imperative to talk to an experienced lawyer in the area to find out how the law applies to your specific case.

Law enforcement agencies from the New Jersey area are getting ready for the state’s biggest yearly drunk driving clampdown. The 2019 “Drive Sober or Get Pulled Over” statewide Labor Day crackdown starts on August 16,2019 and ends on September 2,2019. During this time, police officers and local law enforcement officers will be conducting sobriety checkpoints and police will target motorists who may be driving while impaired by alcohol or drugs. The national campaign is intended to raise awareness about the hazards of driving while intoxicated and is supported by a number of different activities such as national radio and television commercials, posters, signs and more. One of the campaign’s specific goals is to reduce drunk driving around the Labor Day holiday. During last year’s campaign, agencies who participated made 1,196 DWI arrests.

Under New Jersey law, police may lawfully use a DWI checkpoint for purposes of reducing drunk driving. A roadblock or checkpoint is generally legal if the public interest in having it outweighs the inconvenience and intrusion to drivers on the road. In other words, these checkpoints are constitutional because courts have decided that detecting drunk drivers and removing them from the roads serves an important societal interest that outweighs the rights of drivers to be free from brief stops at checkpoints. Typically, probable cause must exist in order for police to stop a vehicle so a checkpoint is an exception to that rule.

August 2, 2019

36 Percent of Surveyed Americans Admitted to Driving While Blackout Drunk

by Jonathan F. Marshall

If you have been charged with drunk driving, you may be facing strict and debilitating penalties. Our New Jersey DWI lawyers understand the state’s criminal defense laws and we know first hand that experience counts. Having handled and resolved countless DWI cases, we know how to provide clients with a full legal defense in an effort to mitigate adverse consequences.. Acting quickly after being charged is imperative in these cases, so please do not wait to call our office.

Despite countless awareness campaigns surrounding the dangers of drunk driving, it continues to be a major problem. A new study published by the American Addiction Centers revealed some alarming trends about drinking and driving habits in the US. The report surveyed 600 Americans. When examining the number of times individuals had driven after drinking in the preceding 30 days, the survey found that 23.2 percent of people admitted to driving after drinking at least 1-2 times and 21.7 percent of respondents admitted to drinking and driving over 6 times. Shockingly, 36 percent admitted to driving while blackout drunk while almost 50 percent admitted to being passengers of a drunk driver. In addition, 53.5 percent of survey respondents said they feel capable of driving after drinking as opposed to 46.5 percent who said they do not.

Just because drunk driving is a major problem in the country does not mean everyone charged with the offense is guilty. New Jersey law makes it a criminal offense to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher if you are 21 years of age or older. The legal limit is lower for individuals under 21 as well as for commercial drivers. If you have been charged with a DWI, one of the following defenses may be applicable in your case: