Breath Test Refusal

May 6, 2011

Bergen County DWI Update: Could Drivers Someday be Arrested for Drowsy Driving Just Like DUIs Today?

Today, it’s not uncommon for a fatigued driver to be stopped by a New Jersey State Police trooper for failure to maintain a lane, possibly caused by drinking and driving. But unlike a motorist who fails a field sobriety test and then blows over 0.08 on a breathalyzer test, a drowsy driver has a good chance of getting off with a warning.

Now, no one will argue that nodding off on the highway is a dangerous and potentially deadly situation for any driver, but does it rise to the level of drunken driving and drug DUI? Here in the Garden State it is already a criminal offense when drowsy driving leads to a fatal traffic accident. But in some circles, populated by various experts and law enforcement officials, the desire still exists to penalize drowsy drivers to the same extent as those motorists found guilty of driving while under the influence of alcohol or prescription medication (also known as drug DUI).

There are facts to bakc this up. in a study dating back to 1995, AAA Mid-Atlantic Inc. found that driving with no sleep for 24 hours was akin to having a blood-alcohol content (BAC) of 0.10 percent, more than the legal limit for DWI in New Jersey. Around that same time, the National Highway Traffic Safety Administration (NHTSA) estimated that drowsy driving was to blame for about 100,000 crashes, more than 70,000 injuries and nearly 1,600 fatalities annually across the U.S.

Consider the similarities, as many experts have. While driving home tired after working the graveyard shift, a driver might try to squeeze in a few extra miles instead of stopping at a rest area. Bleary-eyed and perhaps not on top of his or her game, it is possible for a motorist to appear drunk on the road. The same can be said of long distance driving with not enough shuteye time.

As New Jersey drunken driving defense attorneys, we have a great deal of experience representing individuals accused of operating a motor vehicle while intoxicated. But is working a double shift then driving home a little fatigued the same as getting behind the wheel of an automobile after having one too many shots at a bar? Legally, these two may begin to converge.

As stated above — just like DWI, prescription drug DUI, or impaired driving as a result of using a controlled dangerous substance (CDS) such as marijuana or cocaine — the consequences for killing another person while under the influence are quite severe.
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April 24, 2011

Boating Under the Influence in New Jersey Not Unlike Driving While Intoxicated on the Road

by Jonathan F. Marshall

With summer not far away, it’s not too soon to mention that boaters, like motorists on land, need to watch their alcohol consumption if they plan to be piloting their watercraft this year. While it may be fin to hear the strains of, “What do you do with a drunken sailor?” New Jersey’s law enforcement agencies are just as strict about boating under the influence (BUI) as they are driving while intoxicated (DWI).

What many people don’t always understand is that the same standards governing drinking and driving for landlubbers applies as much to captains of watercraft. As New Jersey drunk driving defense lawyers, we know the law. No matter if you’re on an inland lake or running just offshore along Atlantic, Ocean or Cape May County, as the pilot of your boat if you’ve been drinking you could be charged with DWI.

Just as a driver of an automobile, a boater whose blood-alcohol content (BAC) is over 0.08 percent, you can be arrested. And the same applies to drug DUI and breath test refusal. The reasons for this are simple; the statutes governing drunk driving on land are nearly the same as those for operating a boat when inebriated. DWI penalties for drunken boating are also quite similar.

April 6, 2011

NJ Supreme Court Says No to Using Breathlyzer Refusal Convictions as Proof of Prior Drunken Driving

by Jonathan F. Marshall

A 2009 appellate decision that looked to be a potential problem for individuals convicted of breath test refusal in New Jersey was reversed by the NJ Supreme Court earlier this year. Depending on the circumstances, a motorist who is pulled over for a traffic infraction can end up being cited for driving under the influence of alcohol. But, as many people already know, being arrested for drunken driving can also include a charge of breath test refusal if the motorist declines to provide a breath sample.

If the arresting officer suspects that the driver is drunk due to beer, wine or hard liquor consumption, he may request that the suspect take a breathalyzer test, also known as an Alcotest. As New Jersey DWI defense lawyers, I and my colleagues are certified in the maintenance and operation of the Alcotest device, which allows us to better argue the limitations of this machine and errors that can occur durin its use.

Should a driver refuse to take a breath test, or blood test, used by police to measure blood-alcohol content (BAC), the officer in charge is within his right to charge that person with breath test refusal. This has been a common course of action when a driver has chosen not to be tested. Until recently, the courts have not been allowed to treat refusal convictions as full-blown DWI convictions when considering a repeat driving while intoxicated offense. However the appellate case reviewed by the NJ Supreme Court had threatened to change all that.

According to court records, in the case of STATE v. CIANCAGLINI, the New Jersey Supreme Court unanimously rejected the appellate court ruling that would have turned previous breath-test refusals into proof of prior drunken driving. Had the Supreme Court not rejected that earlier ruling, it could have meant that hundreds, and maybe thousands of motorists who had previously been convicted of refusing to take a breathalyzer test in New Jersey would have found they had what amounted to the equivalent of a prior drunken driving conviction on their record.
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February 24, 2011

Police Blotter: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

Visit any county in the Garden State and you will find a fair number of drunken driving arrests on a weekly basis. Whether you live in Hudson, Somerset, Mercer or Atlantic County, the stories are quite similar, though the circumstances and facts of each DWI case are unique.

It’s important to reiterate that most arrests for impaired driving begin with a seemingly minor traffic offense, such as failure to maintain lane, improper turn or even a broken tail lamp. While the initial traffic stop may have been for a minor infraction, that event can lead to the police officer noticing evidence of alcohol consumption, such as an empty beer bottle or wine cooler. The patrolman may also detect the odor of alcohol on the driver’s person, which can then begin the process of a DWI or DUI arrest.

As New Jersey drunk driving defense attorneys, I and my staff of experienced lawyers represent motorists accused of operating motor vehicles under the influence of alcohol, prescription meds, and even illicit drugs, such as marijuana and cocaine. The following police arrest blotter entries illustrate the kinds of DWI and drug DUI arrests that take place all across New Jersey throughout the year.

Illegal Immigrant Arrested for DUI
Arriving at the scene of a Saturday morning traffic accident at the corner of Giles and Academy Streets, police found a 22-year-old man in the driver’s seat of a Ford Explorer trying to restart the SUV which had apparently plowed into the back of another passenger vehicle. The Ford was also on the sidewalk Flores was attempting to restart the vehicle.

Apparently under the influence, Police removed the man from the vehicle. Continuing to question the individual, the officers determined that he was also in the country illegally. Officers arrested the driver and charged him DUI. He also received summonses for driving without a license, reckless driving and failure to wear a seatbelt.

He was ultimately released on the DUI charge, but was sent to the Cumberland County Jail on an ICE (Immigration and Customs Enforcement) detainer.
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February 22, 2011

Middlesex County, NJ, Drunken Driving News: New Jersey Bar Patron Hits Police Cruiser, Gets DWI

by Jonathan F. Marshall

All things considered, if a motorist is going to be stopped for drunk driving in the Garden State, if and when it does happen it’s advisable not to have that arrest be in conjunction with a traffic accident. Coupling a DWI or drug DUI arrest with property damage, or worse, injuries and/or fatalities, makes a drunken driving defense that much more complicated.

As New Jersey DWI defense lawyers, I and my colleagues know the law as it applies to driving while intoxicated, regardless of whether the charges involve alcohol, prescription meds or illicit drugs such as cocaine or marijuana. As a former municipal prosecutor, I have a deep understanding of the strategies and procedures used by prosecuting attorneys against drivers accused of operating a vehicle under the influence.

Impaired driving is actually quite common in Bergen, Union, Ocean and Mercer County, not to mention most other jurisdictions across the state. One thing that most people would likely agree on, however, is that hitting a police car while allegedly drunk is not a good idea. Doubly so, hitting a patrol car while leaving a bar would be at the top of our list of things not to do after drinking any amount of beer, wine or hard liquor.

January 11, 2011

Arrested for Drunken Driving Over the Holidays? You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Now that 2011 has arrived, more than a few motorists probably awoke thinking about a drunk driving arrest or summons they may have had during the holidays. As a New Jersey DWI defense attorney, I understand how a carefree night out can end with drunk driving or prescription drug DUI. What many people do not realize is how often this scenario actually plays out, not only on the way home from a pub or bar, but even from a friendly cocktail party or year-end holiday celebration.

The question may drivers ask themselves after the fact is how can a lawyer really help me? Being pulled over and charged with driving while intoxicated (DWI) or driving under the influence (DUI) of legal or illegal drugs can sometimes seem like an open and closed case, even to the defendant. But every situation is different and a drunken driving defense attorney may be helpful. But only if you ask.

Although there is no plea bargaining in New Jersey when is comes to drunk driving and DUI offenses, the Garden State nonetheless has one of highest rates of successful DWI defense in the nation. In fact, as a former municipal prosecutor myself, I know that in New Jersey state prosecutors learn early on that it’s more difficult to prosecute a case if the accused motorist has retained a lawyer for his or her defense.

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 8, 2010

New Jersey Motorists Convicted of Drunken Driving or Drug DUI Can Face Severe DWI Penalties

by Jonathan F. Marshall

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver’s future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

November 10, 2010

New Jersey Drunk Driving News: Middlesex County Driver Arrested for DWI Following Accident on Route 1

by Jonathan F. Marshall

My suggestion to motorists in New Jersey: Don’t complicate matters by driving drunk with kids in your car. It’s one thing to be pulled over for a DWI or drug DUI while you are traveling solo in Ocean, Atlantic or Passaic County, but law enforcement and the courts take a dim view of drivers who potentially endanger others, especially minors and other small children, by driving under the influence of alcohol or prescription drugs.

New Jersey drunken driving defense lawyer, my job is to represent individuals arrested or charged with driving while intoxicated, whether that is by beer, wine, hard liquor or even marijuana. Even possession of weed in a motor vehicle can net a motorist a hefty fine and other penalties.

A case in point, not long ago a driver involved in a traffic accident along Route 1 was charged with drunk driving by police. During the incident, his wife and two young kids were also in the vehicle. According to news reports, South Brunswick police arrested 28-year-old Jorge Fuentes after determining that he was driving drunk with his wife and children in the car. Not only does this kind of activity lead to a DWI offense, but it also exposes the man to child endangerment charges as well.

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.