Atlantic County DWI Defense

June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm’s way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer’s multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig’s part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 12, 2011

NJ Drunken Driving Arrest? Here’s Why You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, “Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I’ve been charged with DWI?”

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one’s DWI case is not so unusual.

We don’t worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have “positive” proof — via a breathalyzer or Alcotest machine — that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that “blowing” more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you’re out of luck.
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March 13, 2011

Judge in Atlantic County, NJ, Rules Drunken Driving Breath Test Machine Unreliable

by Jonathan F. Marshall

An Atlantic City judge recently overturned a DWI conviction when he found that only a certain type of thermometer probe should be used to determine the reliability breathalyzer devices. According to recent news reports, Superior Court Judge Max Baker’s decision could affect the results of numerous drunk driving cases in the Atlantic County area. Apparently, the New Jersey State Police, whose job it is to regulate the Alcotest breath test device, did not immediately say how many police departments in the county use the reportedly unreliable component.

As a New Jersey drunken driving defense lawyer, I and my colleagues are well versed in the law pertaining to drunk driving as well as drug DUI arrests. Each of our attorneys is also qualified in the operation and maintenance of the Alcotest machine cited in this news report.

Superior Court judge’s ruling could negate DWI arrests throughout the county, according to other area defense attorneys and municipal prosecutors. According to court records, the ruling come from an appeal by Emilio Rivera who was pulled over on New Year’s Eve, 2009, along the Garden State Parkway.

Rivera was arrested for drunk driving and taken into custody. Police eventually administered the Alcotest at the Bass River Barracks. The man’s case was initially heard in Galloway Township, were he was convicted on evidence presented by the prosecutor’s office. However, his attorney appealed on a number of issues, including the manufacturer of the temperature probe and the room where the defendant was tested for blood-alcohol content (BAC).

A key to the man’s appeal was the fact that in the New Jersey Supreme Court’s previous ruling stating that the Alcotest device could replace the Breathlyzer throughout the state, it named only one company as the approved manufacturer for the thermometer probe. Specifically, the Ertco-Hart digital measuring system is the one specified, however it has come to light that some police departments use a probe made by the Control Company.

Apparently, testimony from another case concerning the two probes showed that Control was the choice of probe mainly because it is cheaper — about $300 compared to $2,000 for the Ertco-Hart model, which also requires yearly recalibrations that can cost upward of $700. According to the news report, Control’s probe is replaced rather than recalibrated.
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December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 12, 2010

Intoxicated Drivers Warned about New Jersey’s Plans for Holiday DWI Crackdown

by Jonathan F. Marshall

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named “Over the Limit, Under Arrest,” will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey’s Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

November 8, 2010

Atlantic County, NJ, Republican Candidate Arrested for Driving While Intoxicated and Breath Test Refusal

by Jonathan F. Marshall

I’ve said it here before, but it always bears repeating; being caught for drunk driving here in New Jersey can affect your family, your standing in the community and even your career. In fact, even a first DWI or drug DUI offense can put a serious dent in your future, whether you are a teenager or a seasoned citizen. While the circumstances may vary, most people find that being accused of drunken driving can be just the beginning of a long, tough road.

As Atlantic County drunk driving defense lawyers, my legal team meets with a wide range of clients who have been charged or otherwise accused of driving while intoxicated. Serving motorists throughout the Garden State as a New Jersey DWI-DUI defense attorney, I understand the seriousness of being convicted of impaired driving, not only in terms of fines and penalties, but also in terms of the stigma attached to such a guilty verdict.

Just last month, the chairman of the Atlantic County Board of Freeholders, Jim Curcio, was arrested for drunken driving. Curcio, who was also the Republican candidate for county surrogate, was stopped by police in the early morning hours of a Sunday. According to reports, Police apparently observed the 50-year-old operating his vehicle without his headlamps on at 2am in the morning along Route 322.

August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

by Jonathan F. Marshall

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as “Over the Limit, Under Arrest,” police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

June 23, 2010

New Jersey DWI Update: Drunk Driving Enforcement Extends to Boaters on Jersey Coastline, Inland Waterways

by Jonathan F. Marshall

When it comes to driving under the influence of alcohol on New Jersey’s public roads, “tolerance” is by no means a word found in the vocabulary of the state’s law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State’s coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What’s surprising is that boat owners don’t always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey’s statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

May 14, 2010

DWI News: New Jersey State Police Trooper Gets Multiple Passes for Driving Under the Influence

by Jonathan F. Marshall

Being arrested, much less convicted, of drunken driving can adversely impact an individual’s personal and work life. In fact, careers have been ended by DWI convictions. This just one of many pitfalls as a result of being arrested for DWI or drug DUI here in the Garden State. As a New Jersey drunk driving defense lawyer, I know what happens to motorists arrested and charged with driving while under the influence of alcohol.

Having worked as a municipal prosecutor in years past, I am particularly sensitive when I read that a law enforcement officer has apparently taken advantage of their position to avoid punishment for an alleged crime. It’s a sad fact that many times police officers who enforce drunken driving laws will themselves get a “pass” from other officers if stopped for driving while intoxicated.

According to a recent news article, State Police Trooper Sheila McKaig was reportedly stopped 10 times for various offenses including DWI over a period of 14 months, yet she never received a citation in New Jersey for any of those incidents. The most recent one occurred in Atlantic City in 2008 when McKaig was let go after she was pulled over by another officer on suspicion of DWI.