Articles Posted in Atlantic County DWI Defense

If it’s been stated once, it’s been stated a thousand times: a New Jersey drunk driving defense can only be complicated by a traffic accident. As Garden State DWI and drug DUI defense attorneys, I and my colleagues are serious when we say that causing an accident while possibly intoxicated is usually going to make for a difficult time in court. This is why we usually recommend that anyone involved in a DWI- or drug DUI-related car, truck or motorcycle collision seek professional legal help as soon as possible following the incident.

When someone suggests that a drunken driving charge can be complicated by a traffic accident, it is also important to point out that causing injury or death to another individual can compound the offense, which should be cause to contact a qualified DWI lawyer. Whether one lives in Atlantic, Bergen, Hudson or Sussex County, when you add an injury-related or fatal parkway wreck to a charge of driving under the influence, law enforcement and the local courts take a dim view of the situation. Naturally, if proven innocent of any drug- or alcohol-related charges, the motorist can possibly breathe a sigh of relief, but most serious DUI-DWI arrests are hardly “a walk in the park” when property damage or personal injury is involved.

Of course, it is interesting that despite the logic behind not drinking and driving, these incidents do, in deed, take place on a fairly regular basis all year long. To avoid a DWI summons, our suggestion, as usual, is to avoid getting behind the wheel at any time when a person believes that they may possibly have some alcohol in their system. The same thing goes for the taking of certain prescription medications, which may lead to a drug DUI.
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While some non-boaters probably don’t know that the State of New Jersey legal statutes have a specific section that covers operation of a watercraft while under the influence of alcohol, prescription meds or illicit drugs; however, anyone who does pilot a boat in state waters should be aware of the law that addresses such situations. As Garden State drunken driving defense lawyers, my colleagues and I know the downside to being arrested, charged and convicted of DWI, but it is important to note that BWI (boating while intoxicated) has its own consequences.

When it comes to operating a watercraft while under the influence, the BWI statute (specifically N.J.S.A. 12:7-46) acts very much like the automobile-related DWI law (N.J.S.A. 39:4-50). If a boater is charged with BWI, my firm is staffed with a group of highly skilled and experienced attorneys who know how to handle such cases. For instance, a qualified DWI-DUI lawyer should understand that in order for the state to prove a person is guilty BWI, three elements must be covered:

First and foremost, the prosecution must show that the defendant was actually operating the watercraft or vessel in question. Second, the alleged operation of said vessel must have occurred on waters within the legal jurisdiction of the State of New Jersey. Finally, the third element involves proving that the accused boater was legally under the influence of an intoxicating beverage; or a hallucinogenic, narcotic, or habit-forming drug.
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Quite frequently during course of the summer it is not uncommon for New Jersey DWI and drug DUI defense attorneys to receive numerous inquiries regarding the validity of a BWI summons, better known as a boating while intoxicated offense. The fact that the bulk of these kinds of charges crop up during the warmer weather is hardly surprising given the marked increase in boaters and recreational fishermen who take to the waters off of the Jersey Shore, as well as on the inland waterways throughout the Garden State.

As Monmouth County DWI-DUI lawyers, we understand fully the confusion that surrounds a BWI arrest or issuance of a summons related to intoxicated boating. While most people understand that driving under the influence of alcohol or prescription drugs is a serious offense when on New Jersey roadways, many find it somewhat difficult to equate the seriousness of drunk driving to the operation of a watercraft.

One of the possible trains of thought is that there are fewer boats on the water than cars on the turnpike, so why should drinking a little alcohol while piloting a powerboat be such a serious matter? Another rationalization could be that boats don’t travel as fast as cars, so collisions, if they occur, should be less dangerous. Unfortunately, New Jersey law enforcement agencies, as well as the state’s legislators, feel much more strongly about the dangers of drinking while operating a boat. Either way, the fact remains that BWI is a chargeable offense and a potentially costly one as well.
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It is probably safe to say that winter is over and done with here in the Garden State. Now, with summer officially in full swing, we feel obliged to remind readers that vacation revelry can lead not only to instances of drinking and driving, drug DUI and other related chargeable offenses, but it can also result in faulty judgment calls, especially during extracurricular activities such as power boating and sailing. As drunken driving defense attorneys here in Monmouth County, we know that drunk driving is just one of several potential violations that can and do take place along the Jersey Shore.

Many people who have visited this state’s fabulous ocean-side venues up and down the Garden State coast may already have experienced the embarrassment of receiving a DWI or drug DUI summons during a visit to the seashore. Those who came to enjoy boating and other watersports — either off the shoreline or in one of this state’s numerous waterways — may have found themselves being approached by law enforcement officers after a minor boating-related mishap or simple procedural error while negotiating New Jersey waters.

For some of those who may have imbibed a little bit before their encounter with local police, coastguard, or sheriff’s department personal may have found themselves cited for being intoxicated while piloting their watercraft. Boating while intoxicated (or BWI) has been an offense in New Jersey since the early ’50s. About twenty years ago, legislators in Trenton revised the BWI statutes to provide a handful of ways in which a boater can be charged with drunken operation of a vessel.
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Being stopped by a New Jersey State Police officer or local cop for a traffic offense can be unnerving enough for most people without the added concern of being arrested for DWI. As Garden State drunken driving defense lawyers, my firm is all too aware of the emotions that can come to the surface when faced with a summons for driving under the influence. Often frightening, and certainly unsettling, the experience of being taken into custody is only overshadowed by the potential financial impact that a DWI or drug DUI conviction can have on an individual or his family.

The state of New Jersey has long since banned plea bargaining as a common avenue to having a drunk driving charge dismissed or downgraded. Because of this, many people might wonder why they should even consider retaining a DWI attorney at all. First and foremost, an experienced legal expert can look for flaws in the state’s case, which can range from the way the police officer conducted the traffic stop prior to the DWI arrest, to the procedures followed or skipped after the driver submitted to a breathalyzer device in order to determine his or her blood-alcohol concentration (BAC).

When asking why one should hire a lawyer for a DWI or drug DUI defense, it may be more important to ask what the secret to success is when it comes to avoiding a conviction. At the very least, someone accused of driving drunk should contact a qualified professional to determine if fighting a drunk driving summons would be fruitful or if a downgrade is possible. In our experience, identifying any potential issues that may undermine the state’s ability to prove the DWI-DUI offense is a key objective when discussing a defendant’s options going forward.
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The skilled attorneys at the Law Office of Jonathan F. Marshall have successfully defended motorists arrested for and charged with drunk driving, drug DUI, breath test refusal and other alcohol and prescription drug-related offenses in Monmouth, Sussex, Middlesex and Union counties. Our commitment to our clients is demonstrated by the aggressive and vigorous defense; and our legal staff is knowledgeable in all aspects of New Jersey DWI law, criminal statutes and offenses involving drug DUI and possession in a motor vehicle.

As Garden State DWI-DUI defense lawyers, we understand how frightening a drunk driving arrest can be to the average person; if only because most drivers who are charged with a first-time offense for operating a motor vehicle while under the influence of alcohol are likely law-abiding individuals with families and good standing in their community.

Unfortunately, law enforcement personnel are usually more interested in whether a crime or civil offense has been committed and less about the background of the alleged offender; that is something for a judge to consider when the case comes to trial. As attorneys, we endeavor to pursue the facts and present our client’s case in the best possible light, while working to call into question the prosecution’s arguments and evidence that is being used against the defendant.
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Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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For those motorists who have already taken note of the increased number of municipal and state patrol officers plying the Garden State Parkway, highways and surface streets this summer, get ready for more of the same this coming holiday weekend. Police presence on New Jersey roadways this summer, as with most every past year, has been fairly obvious, if only because of the anti-DWI and DUI enforcement that comes with warmer weather and summertime revelers; but Labor Day will be especially active from the standpoint of drunk driving enforcement.

As DWI defense lawyers whose job it is to represent drivers accused of operating a motor vehicle while impaired by alcohol, refusing a breathalyzer test, or possessing a controlled dangerous substance (CDS) in their vehicle, the skilled attorneys at my law firm have the legal experience to help defendants get through a DWI case and on with their lives.

During the summer months, as well as various holidays throughout the year, police departments in many New Jersey towns and municipalities step up their drunken driving patrols, as well as conduct random sobriety checkpoints in areas well-known for DWI-related arrests and accidents. As with most of these anti-DWI campaigns, the “Drive Sober, or Get Pulled Over” anti-DWI campaign currently in effect entails increased police patrols (aka “saturation” patrols) and even some DUI roadblocks, all of which will probably net dozens of unsuspecting drivers who may or may not be legally intoxicated.
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Anyone who has been arrested for operating a motor vehicle while under the influence of alcohol or drugs will understand that it is not something one ever looks forward to. However, with the help of an experienced DWI defense attorney — one skilled in New Jersey drunk driving law and experienced in representing individuals in a courtroom — the most harrowing part of being the defendant in a DWI case may be alleviated to some extent.

At the Law Offices of Jonathan F. Marshall, our legal team offers decades of collective DWI, drug DUI, and criminal defense experience. Whether one is charged with driving while intoxicated by alcohol, impaired by prescription meds or illegal drugs, breath test refusal or any number of drunk driving-related offenses, our lawyers are ready to help.

One thing that most drivers don’t necessarily understand is that BWI, otherwise referred to as “boating under the influence” or BUI, carries with it similar penalties to the automotive equivalent, DUI or DWI. Our familiarity with New Jersey DUI/DWI law allows us to represent both drivers and boaters who have been accused of operating their vehicles while allegedly intoxicated by alcohol, doctor-prescribed medications or illicit drugs (sometimes called controlled dangerous substances, or CDS).
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How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
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