Assault by Auto

July 16, 2013

Why Complicate Matters by Tying a New Jersey DWI Tied to an Auto Injury Accident?

For those drivers accused of operating a motor vehicle while under the influence of alcohol or impaired by prescription drugs, we as drunken driving defense attorneys understand how difficult this kind of charge may be on these individuals and their families. But there is one important distinction for those who are pulled over on the side of the road, or waved into a sobriety roadblock, only to be arrested and charged with DWI or drug DUI: you did not injure or kill somebody else as a result of being in an allegedly impaired state.

We have said it here numerous times in the past, but being accused with causing bodily injury or killing another individual while also allegedly being drunk behind the wheel is a far more serious situation than being picked up for a minor traffic violation and then being slapped with a drunk driving summons.

As New Jersey DWI-DUI defense lawyers, I and my colleagues are well prepared to represent those motorists who find themselves accused of drunken driving, drug DUI or even impairment due to a controlled dangerous substance (CDS), such as cocaine or marijuana. But adding a car, truck or motorcycle crash to the list of related charges can be a game-changer.
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May 19, 2013

Monmouth County DWI News: Loss of One’s Commercial Driver’s License can be Catastrophic

by Jonathan F. Marshall

If you ask us — as experienced New Jersey drunk driving defense lawyers — anyone who drives a motor vehicle for a living is well advised to play it very safe and avoid any situations where he or she might end up operating a private car or commercial vehicle while under the influence of alcohol or drugs. The stakes are too high to run the risk of losing one’s license, even for a short period. Why take the chance, we would ask, but human nature is difficult to overcome at times.

Here in the Garden State, the local and state police are always on the lookout for drivers who may be operating their vehicles while impaired. And, although an officer is prohibited by law from pulling a motorist over simply on a hunch that he or she may be drunk or impaired by prescription or illicit drugs, that doesn’t mean that the officer might not wait until the driver executes an illegal turn, runs a stop sign or commits any one of dozens of seemingly minor traffic offenses.

Anyone charged with drunk driving here in Jersey will likely face strict penalties and the loss of a driver’s license should he or she be convicted of that DWI or drug DUI offense. But when it comes to professional drivers here in the Garden State, we can also tell you that these individuals face a more chilling fate: the potential loss their very livelihood, not to mention already harsh monetary and other penalties.
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May 5, 2013

New Jersey Motorist Arrested for Drunk Driving After Fleeing Scene of Monmouth County Traffic Accident

by Jonathan F. Marshall

In this modern age of inter-linked electronic databases, public safety and private surveillance cameras, as well as those not-so-modern two-way radios and walky-talkies it still amazes us that some individuals feel they can avoid being caught by the police following a civil or criminal incident simply by leaving the scene of an accident or other event. As recent tragic events here on the East Coast have illustrated, no matter who you are or what you may have done, there is little chance of escaping the long arm of the law.

Of course, as New Jersey criminal and civil trial attorneys whose job it is to represent people accused of a wide range of offenses — even relatively minor ones such as drunken driving or marijuana possession — we are well aware that the law is designed to protect innocent people from unjust arrest or erroneous accusations. The fact of the matter is that here in the United States, our system of law is predicated on the understanding that anyone accused of an offense is considered innocent until proven guilty in a court of law.

As drunk driving defense lawyers assisting motorists here in the Garden State, we stand by the rights provided by the U.S. Constitution and we use these laws and those of the State of New Jersey to defend drivers charged with driving while intoxicated, operating a motor vehicle while impaired by prescription medications or other, possibly illegal drugs; not to mention breath test refusal and other alcohol-related violations.
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April 30, 2013

Driver Charged with DUI, Reckless Driving after Car Reportedly Rams Police Cruiser in Middlesex County

by Jonathan F. Marshall

Being charged with drunken driving is no laughing matter, but heaping other offenses on top of a DWI really not desirable. Quite frankly, it is in most people’s best interests to take their fight to a court of law, rather than express anger — physically or verbally — toward the arresting officer. Of course, nobody is perfect and human nature can get the best of anyone during a tense and stressful situation such as a drunk driving arrest.

As New Jersey DWI defense attorneys, I and my staff understand the that tempers can run high during a traffic stop, especially if the accused motorist believes he was in the right. Having had a glass of wine or a beer prior to the police stop can lead to a possible arrest for driving while intoxicated, so it is best to try and keep one’s head during such instances. But there are even worse situations in which a driver might find himself.

We were reminded of this by a news article a while back in which a driver was accused of multiple traffic offenses, driving under the influence being one of them. But in this particular case, the motorist also allegedly hit an officer’s patrol car prior to the arrest. Now, we don’t have to tell most people that being involved in a traffic accident while allegedly drunk behind the wheel is not the world’s best scenario when it comes to defending a DWI charge.
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March 16, 2013

Morris County Superior Court Judge Rejects Venue Change for Fatal DWI Accident Trial

by Jonathan F. Marshall

Anyone who drivers a car, truck or motorcycle here in the Garden State has probably seen the aftermath of any number of traffic accidents throughout the course of a year. As New Jersey DWI defense attorneys, I and my staff of experienced trial lawyers know full well that a certain percentage of automobile and commercial trucking crashes involve possible drinking and driving charges. We also know that a DWI or DUI-related traffic accident can complicate a drunk driving case, especially when there are injuries or deaths involved.

Almost more so than property damage, serious bodily injury or a fatality brought on by an alcohol or drug-related roadway collision can motivate a prosecutor’s office to press hard for a conviction. Whether the victim of an injury or fatal car crash is another driver, a vehicle occupant or a pedestrian, the seriousness of the incident will usually make for a more difficult defense. This is why, in such serious cases, it is highly recommended that the accused motorist consult with a qualified legal professional, if only to better understand his or her rights and options going forward.

Being charged with driving while intoxicated is no laughing matter, as many people who have been a defendant in a DWI case will likely attest. Consider the case of a DWI accident that occurred in Morris County almost a year ago, which is only just now making its way through the judicial process. According to news reports, the defendant in this particular case is accused of being drunk and maybe even impaired due illegal drugs when the car she was operating struck a pedestrian off to one side of the roadway. The defendant’s attorney had recently filed a motion in superior court to move the venue out of Morris County, however the judge denied the request.
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February 20, 2013

Double-DWI Car Accident in Bergen County Leaves Good Samaritan Critically Injured in Hackensack Hospital

by Jonathan F. Marshall

It is hardly fair to cast blame at any individual who has yet to have his or her day in court, but as experienced New Jersey trial attorneys who defend motorists and other individuals against a variety of criminal charges and traffic offenses we do know a little bit about the unintended consequences of drinking and driving. As we have mentioned many times before, New Jersey police officers, as well as our courts, have very little sympathy for people who apparently make a conscious decision to drive while intoxicated on public roads.

When it comes to defending drivers who have been accused of drunken driving, operation of a motor vehicle while drug-impaired, or even those who are caught with a controlled dangerous substance (CDS) in their vehicle, we understand the law and the potential penalties attached to these various offenses.

Though we make no judgments until all the facts are in, we always recommend caution to those individuals who may find themselves in a situation where a drink or two, maybe more, of beer, wine or hard liquor might precede a drive home. There is no sense, legally or financially, in taking a chance on being stopped by a police officer when driving an automobile if there is any possibility that one may be found legally intoxicated at that time.
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October 22, 2012

Hunterdon, Bergen and Ocean County Drunken Driving Arrests Illustrate the Variety of DWI Arrests

by Jonathan F. Marshall

Being stopped for drunken driving is not something that most individuals imagine will happen to them, but every week across the Garden State dozens of motorists find themselves in the unenviable position of being written up for DWI or drug DUI. As New Jersey drunk driving defense lawyers, I and my colleagues are well aware of the potential humiliation and negative career impact that a drunken driving arrest entails, and this doesn’t even address the punitive monetary fines and surcharges that come following a DWI/DUI conviction.

For those who have already been stopped and issued a summons for driving while impaired by beer, wine, hard liquor or prescription medication, you know that the police and our court system are not very sympathetic to drivers who appear to be intoxicated behind the wheel. Being charged with DWI, or drug DUI, especially when found to be under the influence of controlled dangerous substances (CDS), is not something one should consider fighting alone. At the very least, it is advisable to consult with a qualified legal professional about the details of your case before stepping into a courtroom.

Being charged with operating a motor vehicle while under the influence of alcohol, prescription drugs or even marijuana or cocaine, is serious enough to merit careful steps going forward. While no DWI arrest is quite the same as the next, the results can be very similar; from fines and court fees totaling hundreds of dollars, to thousands of dollars in auto insurance policy surcharges over the course of several years, pleading guilty or being found guilty of drunken driving is just the beginning of a long road.
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September 28, 2012

New Jersey State Trooper Hurt in Car Chase with Drunken Driver in Toms River, NJ

by Jonathan F. Marshall

We won’t even suggest that this could be a scenario for most people who may be arrested for drunk driving here in the Garden State, but suffice it to say that if one is planning to seal a car, it might not be a wise idea to steal the car in which one is driving while intoxicated. As we said, this is hardly the typical kind of DWI-DUI traffic situation that most drunk driving defense lawyers encounter on a daily basis. To say the least, our clients are more likely to be coming home from dinner with their spouse when a police officer pulls them over in their own vehicle.

That said, we will add that as New Jersey DWI defense attorneys, a percentage of clients believe that they were not drunk at the time of the arrest or issuance of a DWI or drug DUI summons. This may or may not hold up in court, but the fact remains that many motorists here in New Jersey may not fully realize that they are legally impaired as they get behind the wheel of their car or truck.

This goes the same for people who may have had a couple of beers, a glass of wine or a dose of doctor-prescribed medication prior to driving home from a friend’s house or a quiet dinner at an upscale restaurant. Even those individuals who might be taking medicinal marijuana, the chances of being arrested for drug DUI or operation of a motor vehicle while impaired by a controlled dangerous substance (CDS) can be quite high. If a patrolman observes a motorist initiate a maneuver that results in a traffic infraction, then the odds are very great that the driver will be exposed to the scrutiny of that law enforcement professional.
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September 21, 2012

No Criminal Trial for Former Municipal Employee Who Struck New Jersey Teenager While Allegedly Drunk

by Jonathan F. Marshall

Defending motorists accused of DWI in the Garden State is one job best left to skilled legal professionals who are well-versed in New Jersey’s drunken driving laws and statutes. And, for anyone who wonders how best to beat a drunk driving summons in Jersey, the short answer would have to be not to get behind the wheel of a motor vehicle if you’ve had anything to drink. Sage advice, considering the total number of police arrests for operating a car or truck while under the influence of alcohol.

With dozens upon dozens of DWI summonses issued every week, it’s a fair bet that a percentage of those may not hold water in court. As New Jersey drunken driving defense lawyers, I and my colleagues have literally decades of courtroom experience when it comes to defending drivers against charges of driving under the influence of alcohol or impaired driving as a result of prescription drug use (drug DUI). Our office also handles drivers and other individuals who have been arrested for marijuana possession or use in a car.

While it’s sometimes very easy to be caught unaware by a police officer who may see a motorist driving in an erratic fashion, more trouble could be around the corner if one couples drinking and driving with some kind of traffic accident. Add to any accident possible property damage or personal injury, much less a fatality, and one’s drunk driving defense becomes that much more complicated. All the more reason to consult with a qualified DWI defense lawyer.
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September 6, 2012

New Jersey Driver Sentenced to Prison for Fatal Drunk Driving Auto Accident in 2011

by Jonathan F. Marshall

As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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