Death by Auto

October 12, 2013

New Jersey Councilman’s Son Gets Seven Years in Jail for Fatal Ocean County DWI Accident

Being arrested for DWI is one thing, but being charged with a roadway accident, or worse, one that involves a death is certainly a serious situation that usually calls for the skills of an experienced trial attorney who understands the drunk driving laws here in the Garden State. And we will add that while a thorough understanding of the law is definitely a prerequisite, retaining a lawyer who has defended motorists against drunken driving, CDS and drug DUI charges is also important.

As a former municipal prosecutor, I and a number of my legal staff have worked both sides of the aisle in DWI and DUI litigation. No matter where you drive here in New Jersey, whether it’s Bergen, Union, Sussex or Atlantic County, if you are pulled over by a state trooper or city cop and issued a drunken driving summons, your legal fight will be helped a great deal with the assistance of a qualified DWI-DUI attorney. On the far end of the scale, being implicated as the cause of a fatal drunk driving-related car, truck or motorcycle collision only raises the stakes to a much higher level.

As New Jersey DWI defense lawyers, our job is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). One thing is certain, at least in cases involving an alcohol-related traffic death, if the police and local prosecutor believe that the driver who caused the crash was impaired by alcohol, prescription meds or illegal drugs like cocaine or marijuana — the consequences can be truly serious and very harsh.
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October 6, 2013

New Jersey Club Loses License to Serve Alcohol in Wake of Fatal Underage DWI Car Accident

by Jonathan F. Marshall

Let there be no misunderstanding, there are few things more serious from the standpoint point of DWI than being involved in a fatal drunk driving roadway accident. And while it is usually the alleged drunk motorist who is charged with DWI-DUI following a serious injury accident or fatal collision, others can be implicated as well depending on the circumstances. As New Jersey drunk driving legal defenders, I and my staff of experienced DWI attorneys are well aware of the consequences of any drinking and driving arrest.

But aside from the driver who is accused of causing an accident while impaired by alcohol or prescription meds, occasionally a third party may be held at least partially responsible for certain DWI-DUI incidents even though that party did not personally get behind the wheel of a vehicle while under the influence of alcohol or a controlled dangerous substance (CDS).

The repercussions for some drinking establishments and retail outlets of alcoholic beverages are often held to a high standard when it comes to serving individuals who already are drunk. Take, for instance, a news reports that we ran across a while back that described a Vineland adult entertainment club that allegedly served liquor to a pair of underage individuals who later died in what police described as a DWI-related traffic collision.
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September 8, 2013

Drinking and Driving in New Jersey can have Multiple Consequences for All Involved

by Jonathan F. Marshall

As New Jersey DWI defense lawyers, my colleagues and I know the serious consequences that can be associated with operating a motor vehicle while intoxicated. The attorneys at my law office have for years been legal representatives of accused DWI-DUI drivers; we have acted in this capacity for long enough to know that getting behind the wheel of a motor vehicle after having a drink or two can be more than a risky proposition, it can lead to an injury-related car accident or a fatal traffic collision.

Aside from these mostly unthinkable results of impaired driving, the odds of being arrested by a state police trooper or a local patrolman increase with the frequency of driving while potentially intoxicated. As a matter of fact, we often advise friends and associates to always consider the potential downside of operating a car, truck or motorcycle if one has had anything to drink prior to getting behind the wheel.

This warning goes the same for individuals who are taking prescription drugs or other narcotic substances. There is little to be gained by venturing out onto public roads when you may be stopped by a state trooper or local patrolman for some minor traffic offense, only to be slapped with a DWI or drug DUI. The personal and professional embarrassment, potential financial impact and the possible daily troubles associated with the loss of one’s license should all be motivating factors for any driver who thinks he is immune from detection, arrest or conviction for DWI or DUI.
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September 3, 2013

Statistics Point Driver Inattention and DWI as Significant Causes of Fatal New Jersey Traffic Collisions

by Jonathan F. Marshall

As anyone who has driven in the Garden State understands, our roadways are crowded and filled with accident risks and other dangers. The range of potential causes for traffic collisions could be described as only limited to one’s imagination in a state as diverse and densely populated as ours. That said, we recognize that certain activities or driving behaviors are more likely to result in a serious motor vehicle wreck than others. Drinking and driving is undeniably one of those risky activities that everyone is concerned about.

While my colleagues and I are trained legal professional, skilled in the techniques of defending individuals accused of offenses both criminal and civil, we do not espouse getting behind the wheel of an automobile, commercial truck or other motor vehicle while impaired by drugs or alcohol. As motorists ourselves, we value the ever-increasing improvements in passenger vehicle and roadway safety.

When it comes to being charged with DWI, our firm is ready to assist individuals accused of intoxicated driving. We look at all the facts and argue our clients’ cases based on the law and legal statutes of the State of New Jersey and the Constitution of the United States. But facts are facts, as we are aware in our roles as drunken driving defense lawyers; alcohol- and drug-related traffic accidents are surely a fair percentage of the fatal car, truck and motorcycle collisions that occur on a regular basis here in New Jersey and elsewhere.
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August 22, 2013

Ocean County DWI Update: Could Rise in Fatal Traffic Accidents Influence Anti-Drunken Driving Enforcement

by Jonathan F. Marshall

For those who may wonder why traffic enforcement seems higher in certain parts of the Garden State than others, the answer may be reflected in the simple statistics associated with drunk driving-related roadway collisions, perhaps especially those associated with fatal DWI crashes. According to a news article we recently ran across, Ocean County, NJ, ranks close to the top of all New Jersey counties in terms of deadly drunken driving accidents.

As New Jersey drunk driving defense lawyers, we are all too aware of the frequency of DWI and drug DUI arrests across our state. And although our job is to represent those individuals who have been accused of driving while under the influence of beer, wine, hard liquor, prescription and illegal drugs, we understand the dangers of driving while impaired by alcohol or controlled dangerous substances (CDS).

The report that we saw earlier this summer noted that the roads over in Ocean County have consistently seen some of the worst car accidents for almost any area in the Garden State. Because of this dubious distinction, county officials have reportedly been striving to remedy what the statistics seem to indicate. For example, through the first week of June, county accident data showed that 29 total fatalities had been recorded since the beginning of 2013.
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March 16, 2013

Morris County Superior Court Judge Rejects Venue Change for Fatal DWI Accident Trial

by Jonathan F. Marshall

Anyone who drivers a car, truck or motorcycle here in the Garden State has probably seen the aftermath of any number of traffic accidents throughout the course of a year. As New Jersey DWI defense attorneys, I and my staff of experienced trial lawyers know full well that a certain percentage of automobile and commercial trucking crashes involve possible drinking and driving charges. We also know that a DWI or DUI-related traffic accident can complicate a drunk driving case, especially when there are injuries or deaths involved.

Almost more so than property damage, serious bodily injury or a fatality brought on by an alcohol or drug-related roadway collision can motivate a prosecutor’s office to press hard for a conviction. Whether the victim of an injury or fatal car crash is another driver, a vehicle occupant or a pedestrian, the seriousness of the incident will usually make for a more difficult defense. This is why, in such serious cases, it is highly recommended that the accused motorist consult with a qualified legal professional, if only to better understand his or her rights and options going forward.

Being charged with driving while intoxicated is no laughing matter, as many people who have been a defendant in a DWI case will likely attest. Consider the case of a DWI accident that occurred in Morris County almost a year ago, which is only just now making its way through the judicial process. According to news reports, the defendant in this particular case is accused of being drunk and maybe even impaired due illegal drugs when the car she was operating struck a pedestrian off to one side of the roadway. The defendant’s attorney had recently filed a motion in superior court to move the venue out of Morris County, however the judge denied the request.
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February 24, 2013

Possible Serious Consequences for New Jersey Driver Charged in Fatal DWI Accident in Somerset County

by Jonathan F. Marshall

Drunken driving is already a serious offense in and of itself here in the Garden State, but there are worse things that can happen beyond being stopped by a police officer for a minor traffic violation and then being arrested for driving a car while under the influence of alcohol or prescription drugs. Consider a fatal alcohol- or drug-related traffic accident.

As New Jersey DWI defense attorneys, I and my colleagues know how easily it can be for a motorist to be swept up in a DWI or drug DUI offense out there on our highways or surface streets. Not only can it be embarrassing to be arrested, much less convicted, but the potential harm that such an event can have on a person’s private life and business career can sometimes be irreparable.

Being stopped while legally intoxicated by beer, wine or liquor is just the beginning of a process that can lead to stiff fines, court costs, fees, and assessments to one’s auto insurance premiums; all because of a momentary indiscretion. As professionals in the area of DWI and drug-DUI defense, we understand what is at stake for the average person, and we are prepared to help.
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February 18, 2013

New Jersey Court Sentences Melrose Place Actress to Three Years in Jail for Fatal DWI Crash

by Jonathan F. Marshall

Though some may argue the contrary, the law is designed to treat all people equally when determining an individual’s guilt or innocence. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers have decades of litigation expertise that has served us and our clients well when fighting charges of drunken driving, drug DUI, breath test refusal and other DWI- and DUI-related offenses. If you remember anything about the legal system, it is that every person accused of a crime is considered innocent until proven guilty.

Especially in situations where a motorist has been arrested and charged with driving while intoxicated or otherwise impaired by alcohol, doctor-prescribed medication, or even illegal drugs such as cocaine or marijuana, having one’s day in court is often the most important aspect of fighting for one’s legal rights. And while not everyone can expect to be found not guilty, reducing to some extent the typically harsh monetary penalties or even jail time associated with a DWI conviction is another desirable goal of taking one’s case into a court of law.

Of course, the wheels of justice can often turn at a glacial pace, especially in situations where the serious injury or death of an innocent person may have been involved. We are reminded of this many times during the year when so-called high-profile cases are tried in courtrooms throughout the country.
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January 6, 2013

Blogger Posts National “Map” of Fatal Drinking and Driving Accidents

by Jonathan F. Marshall

With New Year’s pretty much in our collective rearview mirror it may not be totally inappropriate to look at the impact that drinking and driving has on our society, not only in terms of injuries and deaths from driving under the influence of alcohol or prescription drugs, but also from the standpoint of arrests and summonses issued to motorists for DWI, drug DUI, breath test refusal and other drunk driving-related offenses. To say the least, as New Jersey drunk driving defense lawyers, my office is dedicated to assisting those individuals who believe that they have been falsely accused of operating a motor vehicle while under impaired.

Here in the Garden State, more than one motorist has been stopped by a state police trooper, municipal patrolman, county sheriff’s deputy or other law enforcement officer after having been observed executing an improper traffic maneuver or other motor vehicle offense. Such stops most often result in some kind of traffic citation, though some also turn into full-blown drunken driving arrests.

By law, an officer cannot stop a car, truck or motorcycle solely on the suspicion that the driver is impaired by beer, wine, hard liquor, prescription medication or some kind of illicit drug, such as marijuana, cocaine or methamphetamine. But following a routine traffic stop, the door swings wide open for any potential drunken driving investigation by the officer in charge.
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September 21, 2012

No Criminal Trial for Former Municipal Employee Who Struck New Jersey Teenager While Allegedly Drunk

by Jonathan F. Marshall

Defending motorists accused of DWI in the Garden State is one job best left to skilled legal professionals who are well-versed in New Jersey’s drunken driving laws and statutes. And, for anyone who wonders how best to beat a drunk driving summons in Jersey, the short answer would have to be not to get behind the wheel of a motor vehicle if you’ve had anything to drink. Sage advice, considering the total number of police arrests for operating a car or truck while under the influence of alcohol.

With dozens upon dozens of DWI summonses issued every week, it’s a fair bet that a percentage of those may not hold water in court. As New Jersey drunken driving defense lawyers, I and my colleagues have literally decades of courtroom experience when it comes to defending drivers against charges of driving under the influence of alcohol or impaired driving as a result of prescription drug use (drug DUI). Our office also handles drivers and other individuals who have been arrested for marijuana possession or use in a car.

While it’s sometimes very easy to be caught unaware by a police officer who may see a motorist driving in an erratic fashion, more trouble could be around the corner if one couples drinking and driving with some kind of traffic accident. Add to any accident possible property damage or personal injury, much less a fatality, and one’s drunk driving defense becomes that much more complicated. All the more reason to consult with a qualified DWI defense lawyer.
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