Garden State DWI Defense Update: Save Your “Fight” for the Courtroom

Having represented hundreds of clients over the years, my colleagues and I fully understand the anger and frustration felt by those who have been accused of operating their car, truck or motorcycle while under the influence of beer, wine or hard liquor. Especially for people who may not have fully aware that they were possibly drunk or potentially impaired by alcohol or prescription drugs, being arrested and served with a DWI-DUI summons can bring out the worst in some individuals.

Yet, as experienced DWI defense lawyers we can tell anyone who asks that the time is never right for a verbal outburst toward or physical conflict with an arresting officer. Expressing one’s dismay at the scene of a drunken driving traffic stop may seem natural to some; however, as long-time trial attorneys we can say without much hesitation that it’s better to save one’s energy and use it to fight the charges later in court. Quite frankly, the roadside is hardly the venue for venting one’s anger at a policeman.

At the Law offices of Jonathan F. Marshall, our attorneys work to preserve your rights under the laws of New Jersey and the United States Constitution. As knowledgeable and experienced trial lawyers, we work hard to represent motorists who have been charged with DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses.

We help to guide our clients who have been named as defendants in cases involving intoxicated driving, drunken operation of a motor vehicle or watercraft, impaired driving due to doctor-prescribed drugs or illegal substances, as well as possession of drugs in a car or truck. Our job is to protect the individual’s right to defend themselves against charges levied by the state; as former municipal prosecutors, several of our attorneys understand, first-hand, the strategies used by the state’s attorneys to obtain a conviction.

With this said, and with the preceding introduction in mind, we remind readers that getting demonstrably irritated or upset at a police officer who is doing his job will not usually gain an individual any points with that patrolman or the court later on. Our attorneys welcome the chance to fight on behalf of our clients, but we always hope that our clients have not put up a physical fight beforehand. Take, for instance, an instance when a Toms River driver did himself a disservice by threatening a local police officer during a traffic stop a while back.

According to news reports, officers were called to the scene of a single-car crash along a stretch of Rte 9 in Ocean County after a car apparently left the roadway and struck a building on a Sunday afternoon. Based on information published on the internet, a 39-year-old motorist and his 24-year-old passenger were both charged following the apparent DWI incident.

After police arrived, it was allegedly determined that the passenger had struck a passerby who reportedly attempted to render aid to the occupants of the wrecked vehicle. Police served the passenger with a summons for simple assault, but it was the driver who apparently dug himself deeper than need be when he allegedly threatened to kill the arresting officer.

Based on police reports, the man was charged with DWI and breath test refusal, but also reckless driving, operating a motor vehicle without a driver’s license, and having an open alcoholic beverage container in his vehicle. After the incident, police charged the man with an additional offense of threatening to kill, while the court set his bail at $50,000 with no 10-percent option.

TR Man Charged With DUI, Threatening To Kill Lacey Police Officer; Patch.com; August 6, 2013