Assault by Auto

April 16, 2014

Motorist Arrested for Cherry Hill DWI after Allegedly Hitting Police Cruiser and Fleeing Scene

Being at odds with the police may seem like a situation that no one really should invite, but it is not uncommon for drunken driving subjects to be aggressive or simply argumentative with police, which may seem surprising considering the potential downside of being uncooperative or belligerent during a roadside DWI or drug DUI stop. Simply put, it is never a wise idea to challenge the authority of a state trooper or even a municipal patrolman when facing a potential drunk driving charge.

As Garden State DWI-DUI defense attorneys, my legal team regularly defends individuals accused of operating a motor vehicle on New Jersey roadways while intoxicated by alcohol or a controlled dangerous substance (CDS). Every person accused of a crime or serious traffic offense, such as drunken driving or drug possession in a motor vehicle, deserves to have his or her day in court. Providing a proper and effective legal defense is the job of my firm, especially in cases of driving while intoxicated.

While hindsight is certainly 20-20, advice after the fact is rarely helpful to the individual already charged with an offense; however, when the topic comes up, if a friend, relative or acquaintance asks for any tips on how to alleviate the effects of a DWI traffic stop, we can only remind people that not much is ever gained from complicating an arrest by fighting either verbally or physically with a law enforcement officer.
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March 24, 2014

Somerset County DWI News: Local Woman Gets DWI Following 3-Car Crash in Bernards Twp.

by Jonathan F. Marshall

As in many parts of the Garden State, police patrols in Somerset County, NJ, are always active on city streets, undivided highways and high-speed interstates. Whether one travels to and from work or school, going shopping or simply taking a driving vacation to the Jersey Shore for some needed R & R, the odds of coming into contact with a New Jersey State Police trooper or a local patrolman are usually quite high. As DWI defense lawyers, my colleagues and I have met dozens of average people who never thought they would ever be charged with a serious traffic offense, much less be arrested for drinking and driving.

Yet, every week, scores of Jersey residents and out-of-state drivers get pulled over for some minor infraction, opening themselves up to additional scrutiny from a law enforcement officer. A percentage of these individuals will be unlucky enough to have had something to drink in the hours prior to that traffic stop. Unfortunately, many of them will be taken into custody and charged with some kind of impaired driving offense. More and more, this group includes individuals who may be carrying some kind of illicit drug on their person, which can complicate matters when the time comes for court appearance.

Still others find themselves involved in a roadway collision. It’s no secret that drinking and driving only increases the chances of a motorist being involved in a single- or multiple-car accident. If alcohol or drugs were involved, the ante is raised sufficiently to make speaking with a qualified DWI-DUI defense attorney not only a good idea, but almost a necessity. Being experienced trial lawyers, we understand that accidents do happen. And while we do not condone drinking and driving, we also know that some people accused of DWI-related collisions may not have been legally drunk at the time of the wreck.
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January 31, 2014

Alcohol-related Union County Arrests Include Traffic Accidents and Late-night Police Stops

by Jonathan F. Marshall

A 53-year-old Plainfield, NJ, driver was taken into custody by members of the Garwood Police Department following a traffic accident near the intersection of South Ave. and Center St. According to news articles, a collision took place around 1am in the morning when a white van reportedly slammed into the back of another motor vehicle. Based on police information, a number of 911 calls were made calling officers to the scene as the driver of the van allegedly attempted to leave the scene of the crash.

Officers arrived shortly thereafter to find that one person had reportedly removed the driver of the van from his vehicle. Upon investigation, the patrolmen determined that the suspect was “so intoxicated” that he allegedly could not maintain his balance. As a result, the officers took the man into custody and arrested him for drunken driving. The other driver whose vehicle was hit complained to emergency responders of back pain and was transported to a local hospital for treatment.

The suspect was taken to police headquarters where he was charged with additional offenses, including a couple criminal complaints — vehicular assault and operating a motor vehicle on a suspended license reportedly due to multiple previous DWI convictions. The man was eventually released on $5,000 bail pending trial.
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November 29, 2013

Garden State Drunk Driving News: Two Separate DWI Accidents Results in Multiple Injuries

by Jonathan F. Marshall

Having defended hundreds of motorists accused of driving under the influence of alcohol or drugs, my colleagues and I believe that anyone who is charged with a traffic infraction, civil offense or criminal action deserves the right to fight those charges in a court of law. Here in the Garden State, drunken driving is one of the more serious traffic-related offenses with which a person may be charged.

Furthermore, as experienced DWI defense attorneys, we believe that there are very few, if any, reasons for a drunken driving defendant to walk into a New Jersey courtroom without proper representation. The law can be complex; when it comes to serious DWI and drug DUI charges, for which there are rather stiff penalties if convicted, retaining a qualified lawyer with years of trial experience is an important consideration.

At the law offices of Jonathan f. Marshall, our legal team is skilled in representing clients who have been charged with any one of a wide range of drunk driving offenses, including breath test refusal, drug DUI and possession charges. As most anyone should know regarding drunk driving and other DUI-related violations, there is no sense in making a bad situation worse by involving others in one’s mistake. Being accused of a drunken driving accident presents one of the more difficult legal situations.
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November 24, 2013

DWI, Vehicular Assualt Charges for Rutherford Motorist Compounded after Accident Victim Dies at Hospital

by Jonathan F. Marshall

We’ve said it before, but it bears repeating once again. Drinking and driving is not just a risky behavior in terms of losing one’s license or paying thousands of dollars in fines; driving in an impaired state can potentially risk the driver’s life and the lives of those around him. As New Jersey DWI defense attorneys, we work hard to clear the names of those individuals who have been accused of driving while intoxicated by alcohol or impaired by drugs. However, this doesn’t mean that we encourage anyone to drink and drive.

For drivers here in the Garden State, it should come as no surprise that municipal police, state troopers and other law enforcement personnel maintain a very dim view of drivers who operate their motor vehicles while being even the slightest bit tipsy or inebriated. The same can be said for the judges in this state. For those convicted of DWI or drug DUI, the New Jersey DWI statutes provide stiff penalties for intoxicated or impaired driving.

Besides possible loss of driving privileges, monetary fees, fines and assessments can add up to thousands of dollars depending on the extent of the charges. Just the thought of losing one’s personal independence can make many motorists think twice about even taking one drink and then getting behind the wheel. But there are worse scenarios.
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November 20, 2013

Police Say Deceased Monmouth County Man’s License was Suspended at Time of Alleged DWI Crash

by Jonathan F. Marshall

Compounding any traffic offense with an injury accident is never a good situation. As a former municipal prosecutor, and now a professional drunk driving defense attorney, I understand the desire by police officers and our court system to punish motorists convicted of DWI or drug DUI. When an automobile collision is also involved, the stakes increase by a like amount.

As New Jersey drunken driving defense lawyers, my colleagues and I are ready and willing to assist those individuals accused of driving under the influence of alcohol or prescription drugs; even illicit substances like cocaine, meth and marijuana. We do know that our job will be complicated when a DWI-related car, truck or motorcycle wreck also involves a serious injury or death. My law firm has represented many clients who have been hit with an impaired driving charge in addition to possible vehicular assault.

Here in the Garden State, local and state police take a very dim view of motorists who even have the slightest appearance of intoxication. The same goes for the courts. New Jersey DWI law provides for stiff penalties for those convicted of intoxicated driving. One of the numerous penalties is the loss of driving privileges for a period of time. Considering the value that most people place on their mobility and personal independence vis-à-vis their automobile, license suspension can be a serious hardship.
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October 28, 2013

Ocean County DWI News: Underage Drunk Driver Crashes Car after Fleeing Police in Toms River

by Jonathan F. Marshall

Occasionally we run into news reports that illustrate many of the wrong things to do when trying to avoid DWI or DUI charges. Although the vast majority of New Jersey motorists arrested for drunken driving hardly expected that they would find themselves sitting at police headquarters and taking a breathalyzer test, a much smaller percentage of drivers could be said to be prone to being charged with drinking and driving. Still others may simply be unlucky enough to be in the wrong place at the wrong time.

As New Jersey DWI lawyers, we know that a fair number of people charged with drunk driving are actually first-time offenders who might otherwise, under any other circumstances, be considered law-abiding citizens. Of that group, there is likely a percentage who believe they did not deserve to be charged with driving under the influence of alcohol or prescription drugs (drug DUI). It should be added that, in our experience, there are numerous individuals who may not have been legally drink at the time of their arrest, but who still were charged erroneously by the police.

From our perspective, everyone who is accused of a crime should avail himself of the legal expertise of a qualified New Jersey trial lawyer. As the law provides, everyone does deserve to have their case heard in a court of law. A news story we ran across from a couple months back could likely be termed a playbook on what not to do after having a few drinks. While we prefer not to make any judgments ourselves, suffice it to say that it is not advisable to A) run from the police when one is B) underage and potentially intoxicated behind the wheel.
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October 24, 2013

Clifton, NJ, Driver Charged with Vehicular Homicide While Under the Influence

by Jonathan F. Marshall

Being charged with drunken driving for the very first time is something most people never forget. Not only can such an event be personally and professionally embarrassing, but the costs associated with a conviction add up to thousands of dollars. It’s a fair bet to say that the majority of motorists who are found guilty and saddled with stiff fines and other penalties will try not to make the same mistake twice. Although it may not seem like a hard decision, the mistake that some people make following a DWI arrest is not talking with a qualified drunk driving defense attorney.

But as long-time DWI and drug DUI defense lawyers, my staff has seen frequent situations where individuals accused of drunken driving should have made the decision to retain an experienced attorney, but for one reason or another chose not to. Considering the potential fines, fees, assessments and other penalties, such as jail time, there is no logical reason why an accused drunk driver should not, at the very least, avail himself of a free consultation from a skilled attorney.

Naturally, there are circumstances where a drunken driving defendant will truly feel the need for professional representation in a court of law. Where jail time and harsher penalties are threatened, an accused motorist would only do himself a disservice to eschew a lawyer in favor of going it alone against a prosecuting attorney. The results of such ventures are rarely positive for the defendant.
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September 28, 2013

Bergen County DWI News: Don’t Mix Drinking and Driving with Vehicular Assault

by Jonathan F. Marshall

There are few situations in life that can result in an average citizen facing serious legal consequences than allegedly being the cause of an injury-related auto accident involving possible drinking and driving or drug use. As DWI defense attorneys, my colleagues and I understand how a simple night out on the town can wind up with a driver behind bars and hit with a variety of alcohol- or drug-related offenses.

We know that New Jersey state troopers and municipal police officers are hardly sympathetic to motorists who even hint at being impaired behind the wheel. That said, as DUI-DWI defense lawyers representing persons throughout the Garden State who have been accused of drunken driving, we can also say that adding vehicular assault to the charges is a whole new story. While a conviction for simple drunk driving may result in monetary fines, fees and assessments, injuring another person in a drug- or alcohol-related crash can make a DWI case all the more serious.

Take two instances of alcohol-related collisions that we have come across in the recent past. In one incident, police reports indicated that a driver from Passaic, NJ, was placed on probation following a DWI-related car crash that resulted in injuries to three individuals; one in the defendant’s car and two others in the other vehicle. The accident occurred in the Cliffside Park area when the 51-year-old defendant, who worked as a home health aide, reportedly rear-ended a Toyota Camry along a stretch of Palisade Ave at Walker St. while the other car was waiting for a red light.
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September 8, 2013

Drinking and Driving in New Jersey can have Multiple Consequences for All Involved

by Jonathan F. Marshall

As New Jersey DWI defense lawyers, my colleagues and I know the serious consequences that can be associated with operating a motor vehicle while intoxicated. The attorneys at my law office have for years been legal representatives of accused DWI-DUI drivers; we have acted in this capacity for long enough to know that getting behind the wheel of a motor vehicle after having a drink or two can be more than a risky proposition, it can lead to an injury-related car accident or a fatal traffic collision.

Aside from these mostly unthinkable results of impaired driving, the odds of being arrested by a state police trooper or a local patrolman increase with the frequency of driving while potentially intoxicated. As a matter of fact, we often advise friends and associates to always consider the potential downside of operating a car, truck or motorcycle if one has had anything to drink prior to getting behind the wheel.

This warning goes the same for individuals who are taking prescription drugs or other narcotic substances. There is little to be gained by venturing out onto public roads when you may be stopped by a state trooper or local patrolman for some minor traffic offense, only to be slapped with a DWI or drug DUI. The personal and professional embarrassment, potential financial impact and the possible daily troubles associated with the loss of one’s license should all be motivating factors for any driver who thinks he is immune from detection, arrest or conviction for DWI or DUI.
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