Articles Posted in CDS Possession in a Vehicle

With the number of DWI and drug DUI arrests that occur weekly in the Garden State, it should not be a surprise that motorists have a misery of choice when it comes to retaining legal aid for drunk driving offense. But that’s just a general statement, since choosing the right New Jersey drunk driving lawyer can be critical to the outcome of a DWI-DUI case. Whether someone is facing a serious injury-related DWI charge or a more routine DUI summons resulting from a simple traffic stop, my legal team is ready, willing and able to assist those individuals who have been accused of impaired driving.

An arrest for driving while intoxicated is nothing to laugh at. Whether precipitated by a traffic accident, occurring at one of many random sobriety checkpoints, or developing out of a traffic stop for a seemingly minor traffic infraction, any kind of alcohol- or drug-related traffic offense has the potential to cause a motorist serious monetary pain, as well as inconvenience and, in some cases, social embarrassment or job-related problems.

As experienced DWI defense attorneys, my legal staff is skilled in litigating civil and criminal cases throughout the state of New Jersey. We provide our clients with legal representation in cases ranging from drunken driving, drug-impaired vehicle operation, illegal drug (CDS) possession and breath test refusal, just to name a few.
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Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.
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Now that summer is officially over, there are still many Garden State motorists awaiting their day in court to answer to charges of impaired driving lodged against them by local and state police during the long Labor Day holiday. Whether arrested for intoxication by alcohol or impairment via some kind of drug (either legally obtained prescription medications or illicit substances, like marijuana or cocaine), the odds of paying dearly for an error in judgment or momentary indiscretion can be quite high.

As New Jersey DWI defense lawyers, my law firm is dedicated to assisting those individuals who have been accused of a serious drunken driving offense. Though many people would disagree, until it actually happens to them, even an instance of breath test refusal can lead to costly penalties. If you or someone you know was arrested for drunk driving arrest, drug DUI, or CDS (controlled dangerous substance) possession, my colleagues and I understand how frightening the future may seem without a good plan in place.

Whether you were arrested in Middlesex, Hudson, Ocean or Bergen County, it is certain that the memories a carefree holiday weekend were overshadowed by the stark reality of a DUI-DWI charge. Sadly this is a scenario that plays out all too often; sometimes on the way home from a family gathering or a cordial neighborhood block party, many times traveling home from a night out at the bar. Whatever preceded, the end result can be thousands of dollars in fines and insurance premium assessments, loss of driving privileges and even jail time.
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As drunk driving defense lawyers, my colleagues and I have decades of experience in providing legal assistance to motorists who have been arrested and charged with driving while intoxicated by alcohol, impaired by doctor-prescribed meds, or under the influence of some illegal drug or controlled substance. Depending on the circumstances, if a driver has consumed even a small amount of beer or wine, the opportunity for a charge of drinking and driving always exists.

Now, as anyone who follows the local news understands, there are hundreds of news items every month detailing the near-constant stream of drunken driving arrests and drug DUI charges all across the Garden State. The news is rife with reports documenting motorists who have been accused of driving their automobile, commercial vehicle or motorcycle while intoxicated, not to mention some arrests involving marijuana use, or possession of prescription medication.

As professional DWI defense attorneys, my staff has represented numerous clients charge with a wide array of criminal and civil offenses. From DWI-related car collisions to underage drunk driving and alcohol possession, my firm has the legal background and trial experience to help all manner of clients fight for their legal rights. Living and working here in the Garden State, it is hardly difficult to see the constant police activity on our roadways. The following compilation is just a snapshot of the DWI- and DUI-related incidents typically occurring in New Jersey on a daily basis.
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A little over a week ago a New Jersey driver was convicted in an Ocean County courtroom of drunken driving and vehicular manslaughter in a fatal 2010 DWI-related traffic accident that left an Ocean Gate police officer dead. According to news reports, the jury deliberated less than one hour before rendering a guilty verdict in the case of Erick Uzcategui, whose vehicle struck an SUV driven by off-duty police officer, Jason Marles. As a result of the jury’s decision, the 34-year-old Manchester, NJ, resident faces a prison term of between five and 10 years.

The crash that led to the arrest and eventual conviction of the driver, reportedly took place on Thanksgiving back in 2010. At the time, according to court records, the defendant was operating his BMW sport utility vehicle along a section of the Garden State Parkway when he apparently lost control of the vehicle and slammed into the back of Officer Marles’ Jeep Grand Cherokee. The force of the impact cause the policeman’s vehicle to spin and subsequently crash through a nearby guardrail, after which the vehicle rolled and caught fire.

Based on news articles, the police believed the driver of the BMW to have been impaired due to alcohol consumption and possibly drug use involving cocaine and a steroid known as Oxandrolone. As New Jersey DWI defense attorneys, we noted that the outcome of this case came after a rather extended period of time. Almost four years after the initial incident, many people were likely frustrated by the slow pace of the case; with blame settling squarely on the defendant’s lawyers for an unhurried approach to defending their client.
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As a long-standing drunk driving defense law firm, the Law Offices of Jonathan F. Marshall have been helping motorists fight intoxicated driving and drug impairment charges for many years. If there is anything that my colleagues and I have learned during this time, it’s to never underestimate the role that fate can play in one’s life. We were reminded of this just a few days back when we ran across a news article about a motorcycle rider who started his evening as the victim of an automobile accident headed to the hospital and ended as the recipient of a DWI summons, as well as more serious charges of CDS possession.

Before we describe the incident, it is important to mention that police allegedly found more than 100 bags of heroin either on the motorcycle rider’s person or loaded onto his bike. In either case, being charged with heroin possession and/or distribution should not be taken lightly. As criminal attorneys, as well as drunken driving lawyers, my legal team is well aware that a conviction for heroin possession/distribution comes with very harsh penalties under New Jersey law.

In fact, possession of ANY amount of heroin, which is defined as a controlled and dangerous substance (CDS), is guilty a third degree criminal offense with possible jail time of up to five years. The fine for a conviction of Third Degree Heroin Possession, at upward of $35,000, makes the fines and statutory assessments for drinking and driving seem like a drop in the bucket. Needless to say, this is a very serious offense to be hit with.
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We won’t mince words here, because we know that being arrested for drunken driving (DWI) or drug impairment (drug DUI) in the Garden State cannot only be an unnerving and embarrassing experience, it can end up being a costly and burdensome event in one’s life. In fact, while some people may think that the worst is maybe several hundred dollars in fines, estimates regarding the long-term cost of a single DWI-DUI conviction show the cost more in the thousands of dollars.

When a person realizes that a conviction for driving under the influence can have that sort of financial impact, they almost don’t see the additional downside to having something like a DWI or drug DUI on their record. Negatives such as the loss of driving privileges for months at a time, having to hitch rides with friends and family to go anywhere during their license suspension, the possibility of being required to have an ignition interlock device (IID) installed once their license has been reinstated, and even jail time. It goes without saying that any one of these on its own could have a serious impact on one’s life and livelihood.

As New Jersey drunk driving defense attorneys, my legal team has been defending motorists accused of impaired driving for many years. We understand our clients’ concerns and we work hard to fight for your rights in court. It’s true that many people who have been charged with driving under the influence of alcohol or drugs might not have much hope of good outcome in court, we know from experience that receiving a DWI or DUI summons is not the end of the world, but it certainly needs professional attention.
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It goes without saying that many average motorists can become pretty rattled when a highway patrolman or even a local police officer pulls them over for a traffic offense. Because most people have little, if any, contact with law enforcement professionals in their daily lives, being confronted by any cop for an alleged moving violation can be a nerve-racking experience. As experienced New Jersey trial attorneys, my colleagues and I know very well how even the most minor of police stops can leave a driver trembling and second-guessing themselves.

Now, add the potential of intoxicated driving to the mix and you have a serious situation. The can be especially true when a motorist has just been at a restaurant or is returning home from visiting a party with friends or family. If any alcohol was consumed, there is always a possibility that the officer in charge may suspect the driver of DWI. When a state trooper or municipal patrolman asks for the details of one’s evening, having a couple drinks can turn a simple traffic summons in to a full-blown drunken driving arrest.

Leading up to an arrest, many times the police will request a motorist exit the vehicle to perform one or more of the standardized field sobriety tests, which may not always indicate correctly whether a person is impaired or not, but which is often relied upon when a policeman decides whether or not to make an arrest. Being nervous will quite often make the situation worse for a potential arrestee, since fumbling for documents and having a less-than-smooth vocal delivery can influence the outcome of a DWI stop.
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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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With the days getting longer, many people already know that the summer driving season is fast on its way, and with it tens of thousands of vacationers — both local and out-of-state — heading to the Jersey Shore and other vacation venues. Now is the time when drinking and driving is a common topic in law enforcement circles throughout the state. Saturation patrols, drunken driving roadblocks and overall increases in anti-DWI enforcement are back as usual.

As highly experienced drunk driving defense lawyers, my colleagues and I have dedicated ourselves to assisting drivers who have been accused of operating a motor vehicle while intoxicated by alcohol or impaired by prescription or illicit drugs. Certainly, there is a percentage of motorists charged with DWI or drug DUI that believe they do in no way deserve being accused of such offenses. In such cases, it is possible that police may have made a poor judgment call based on faulty observations. In other instances, whether the driver was truly intoxicated becomes a serious point of contention due to a possible procedural error on the officer’s part.

Improper procedure, such as that required when conducting a breathalyzer test, can have a significant impact on the outcome of a drunken driving case, which can ultimately result in a dismissal or reduction in the charges. If the prosecution cannot clearly show that the officer made a proper traffic stop to begin with, this is also a potential avenue for a motion to dismiss the charges against the defendant. Naturally, the details of the incident and the facts presented at trial will have a great bearing on the judge’s decision in the case.
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