Breath Test Refusal

October 26, 2010

NJ DWI Defense Update: Legally Defining the Term “Impaired Driving” for New Jersey Motorists

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired — at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect’s blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver’s BAC is an important part of the state’s evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

October 15, 2010

NJ DWI News: Passaic County Police Make Multiple DWI Arrests in Clifton, New Jersey, Area

by Jonathan F. Marshall

It may seem that bad things happen in groups, but this is probably just the law of averages in action. Still, the police in Passaic County had their hands full not long ago when more than a half-dozen motorists were arrested for drunken driving in less than three days in the Clifton, NJ, area.

As New Jersey DWI attorneys working in Passaic, Ocean, Bergen and other counties around the state, we know that this is just business as usual for local law enforcement. It must be remembered that not every drunken driving arrest results in a conviction. The penalties for multiple DWI or drug DUI convictions can be quite stiff, so it makes sense to contact a qualified drunk driving defense lawyer to discuss your particular situation. Here are some examples:

Hit-and-Run Accident
A 72-year-old Clifton man was arrested and charged with DWI on a Thursday evening when, according to reports, police responded to a hit-and-run accident on St. Andrew’s Boulevard. The officers detected signs of drunkenness when the questioned the elderly gentleman. Giving him several field sobriety tests to perform, which he could not, the officers arrested and took him into custody. He was charged with DWI after having his blood-alcohol content (BAC) recorded at 0.10 percent. Police also charged the man with leaving the scene of a motor vehicle accident.

Asleep in a Running VehicleThe next morning, just before 2am, police observed a driver asleep in his ’05 Nissan Altima near the intersection of Van Winkle and Highland Avenue. Approaching the car, officers saw that the keys were still in the ignition and they could hear the engine running. Police awakened the 32-year-old Passaic resident to question him, during which they reportedly detected signs of alcoholic intoxication. The man allegedly failed several field sobriety tests, after which the officers arrested him and took him to headquarters. After registering a BAC of 0.10, he was charged with DWI.
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September 10, 2010

NJ Drunk Driving Defense News: Bergen County DWI and Drug DUI and CDS Arrests

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

August 12, 2010

New Jersey Drunk Driving News: Morris County Police Blotter DWI Arrests and Summonses

by Jonathan F. Marshall

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless

driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

August 6, 2010

NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence

by Jonathan F. Marshall

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one’s life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual’s right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state’s procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey’s drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver’s ability to operate a motor vehicle within New Jersey.
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July 23, 2010

Bergen County, New Jersey, DWI News: North Arlington Drunk Driving Police Blotter

by Jonathan F. Marshall

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking

July 5, 2010

New Jersey Drunk Driving News: Driver Charged with DWI following Hoboken Pedestrian Accident

by Jonathan F. Marshall

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I’m well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

May 22, 2010

NJ Appellate Court Upholds DWI Conviction against Woman Who Claimed Police Had Insufficient Cause

by Jonathan F. Marshall

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction andrefusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.

May 6, 2010

New Jersey DWI Defense Update: What Every Driver Should Know If Stopped for Drunk Driving — Part Two

by Jonathan F. Marshall

Understanding how the police and court system approaches drunk driving offenders is the first step in preparing yourself for a possible DWI arrest in the future. Of course, no one wants to be charged with driving while intoxicated and most people are usually unprepared when it does happen. But being taken into custody for driving under the influence is the beginning of a protracted extended process.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I believe knowledge is power. Below are some additional pieces of information that go along with a previous entry elsewhere in this blog. My hope is this may help some drivers when if and when they are pulled over for DWI, drug DUI or marijuana possession in a vehicle.

When it comes to drunk driving, a police officer may suspect that you have been operating your car or truck while impaired. One way for the patrolman to make a decision on whether to take you to police headquarters for a breath test is the use of several standardized field sobriety tests.

Field sobriety tests are one of the main tools of law enforcement and can be used as one of many pieces of evidence to prove that you were, in fact, under the influence of alcohol or prescription drugs at the time of the arrest. These tests typically involve three separate tests:

1) The walk-and-turn test 2) The one leg stand test 3) The horizontal gaze nystagmus
This last one is something many people have seen in the movies and on TV where the patrolman asks the subject to follow a light or a finger with his eyes from one side to the other.

In addition to these tests, the officer will be watching and noting nearly every thing you say or do during the traffic stop, all of which may be used in court as evidence to gain a DWI or drug DUI conviction. Even how you get out of your car can be noted and used against you by the prosecutor’s office.
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April 18, 2010

New Jersey DWI Defense Update: What Every Driver Should Know About Drunk Driving Arrests — Part One

by Jonathan F. Marshall

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.