Drug DWI

October 4, 2013

New Jersey Municipal Courts See the Lion’s Share of DWI-DUI Cases

Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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September 18, 2013

NJ Drunk Driving Police Blotter: DWI and CDS Arrests in Middelsex and Cumberland Counties

by Jonathan F. Marshall

As Garden State DWI defense attorneys, we know that our perspective on drunk drivers may be somewhat different that that of the police or legislators in Trenton. Where law enforcement agencies do not have much sympathy for drivers who drink and drive on New Jersey roadways, our job as DWI defense lawyers is to consider all of the facts and the specific circumstances of each case and present a thoughtful argument to the court on our clients’ behalf.

When it comes to operating a motor vehicle while intoxicated, my colleagues and I know that errors in judgment can and do occur on a regular basis in this country. We know that many people who are arrested for drunken driving (who the law refers to as first-time offenders) never consciously decided to break the law, but rather did not realize they we legally impaired to begin with. Of course, once a traffic stop is made, it can be up to the opinion of the officer in charge whether or not to arrest the motorist.

With all the focus on anti-DWI enforcement, it is not too surprising that there will be from time to time motorists arrested and charged with drunk driving who have been either unfairly accused of DWI or who may have extenuating circumstance that made the officer believe that individual was impaired at the time of the traffic stop. Either way, it is the job of this law office to provide an important service of representation to these and other people who seek our counsel.
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August 23, 2013

Essex Among Those Counties that have Seen Serious Anti-DWI and DUI Crackdowns

by Jonathan F. Marshall

This being the Garden State it is not unusual to read about dozens of drunk driving arrests and drug-related DUI cases emanating any particular portion of the state. Certainly, Essex County is only one of a dozen or so jurisdictions that see concentrations of heavy DWI patrols and roadside sobriety checkpoint activities from time to time. As skilled DWI-DUI defense lawyers, the attorneys are the Law Offices of Jonathan F. Marshall are familiar with the potential volume of drunken driving cases moving through our state’s court system every month.

When considering cause and effect, it can be stated with a fair amount of certainty that an increase in anti-DWI and drug-DUI enforcement can have a direct impact on the number of drunken driving arrests in any one area, and as a result, more drunken driving cases in municipal courtrooms throughout these areas. We take no joy in the increased incidence of drunken driving, regardless of the reasons, but we are aware that a percentage of DWI arrests are based on weak or insufficient evidence.

In towns and cities all around New Jersey, the summertime driving season brings with it the promise of increased drunk driving patrols and other traffic safety enforcement efforts. Being DWI defense attorneys, I and my staff of experienced DWI lawyers fully understand how some drunk driving arrests may either be unwarranted or faulty in some way, shape or form. This is why we also recommend that any driver accused of DWI or drug DUI should, at the very least, consult a qualified DWI lawyer to better understand his or her options going forward.
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August 14, 2013

Ocean County DWI News: New Jersey Police Focus on Drunk Drivers in Coming Weeks

by Jonathan F. Marshall

It is not uncommon for the New Jersey State Police, as well as local and municipal police departments, to carry out some rather heavy anti-drunk driving mobile patrols at various times during the year. If you are from New Jersey or find yourself driving through the Garden State on a fairly regular basis, you likely have noticed this kind of DWI enforcement presence from time to time.

As New Jersey drunken driving defense attorneys, we are in a position to provide legal services to those motorists who have been accused of operating their car, truck or motorcycle in violation of state laws pertaining to driving while intoxicated or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS). Fortunately, here in the Garden State, DWI offenses have yet to be criminalized.
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July 9, 2013

Allegedly Drugged Woman Exhibiting Odd Personal Behavior Arrested for DWI in Sussex County, NJ

by Jonathan F. Marshall

As drunken driving defense attorneys here in the Garden State, we have litigated a great number of DWI cases throughout our many decades of collective trial experience. One could say that I and my colleagues have probably seen it all when it comes to defending nearly every manner of drunk driving case, but that might be a little too broad a statement as there are some events yet to occur that may be too bizarre for even the most outrageous TV or movie plot.

I and everyone on my legal staff take our jobs very seriously when it comes to helping those drivers accused of operating a motor vehicle while allegedly under the influence of alcohol, prescription medication or illegal drugs like cocaine or marijuana. Many times, drivers can be judged to be intoxicated by the police based on their actions or physical behavior, when in reality the circumstances may not necessarily warrant an arrest, but rather concern for the person’s well-being.

Take the Sussex County DWI-related arrest of an out-of-state woman earlier this year. Many readers may already have heard about this lady, who was arrested in the Sparta Township area after police found her vehicle following a report of a car that hit a stone wall in the area, but which had been driven off following the impact. Based on the news stories at the time, officers came upon the woman and her Volkswagen Jetta sometime after midnight early on a Friday morning, though the circumstances of that encounter were hardly routine.
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June 12, 2013

Drug DUI Concerns Keeping You Up at Night? Use Caution when Taking Nighttime Sleep Aids

by Jonathan F. Marshall

It’s in the news a lot these days. Drivers nodding off behind the wheel, highway accidents blamed on bad drug interactions, motorist who even find themselves “sleep-driving” after taking over-the-counter sleeping medications. As New Jersey drunk driving defense lawyers, I and my colleagues have seen the cases that run the gamut from simple intoxicated driving arrests to drivers charged with vehicular homicide following multi-car pileups attributed to substance abuse. There is no lack of tragedy on our roadways.

While we may represent individuals who have been accused of DWI-DUI, we in no way espouse drinking and driving, nor taking any drug or prescription meds that one knows will impair his or her operation of a motor vehicle. The facts are clear on this; an impaired driver is simply more prone to being caught up in a traffic mishap than one who is cold-sober or not on any medication.

Yet there are those instances where a motorist may have had no idea that the medicine his physician prescribed would interfere with his ability to drive a car or truck safely. A subtle as some of the effects are, sometimes being stopped for a traffic infraction by a police officer may be the first indication of impairment due to that drug or treatment.
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April 15, 2013

DWI Defense Update: Arizona Drivers Arrested, Convicted for Marijuana-related Drug DUI without Being High

by Jonathan F. Marshall

Here in New Jersey, the frequency of drunk driving arrests keeps state and local police busy, not to mention the courts and DWI defense lawyers such as the experienced legal team at my law firm. The typical cases that we see quite a few of are the usual drunk driving offenses that developing out of a routine traffic stop, which likely was precipitated by a fairly minor moving violation or vehicle infraction. The more serious cases involve actual property damage or personal injuries coupled with an accusation of drunken driving.

Of course, drunk driving, or DWI, is only one kind of impairment-related driving offense. When reading the various and sundry news items in Garden State newspapers or online, quite often one will come across references to DUI arrest. While DWI and DUI are used interchangeably by the public, the latter is an abbreviation for driving under the influence. The only question here would be: Under the influence of what?

For many motorists arrested for DWI or DUI, alcohol is the usual substance causing the alleged impaired vehicle operation. However, there is a segment of those arrested for impaired driving who may never have touched a drop of alcohol prior to their arrest on a New Jersey roadway or at a sobriety checkpoint. For those individuals, the police typically look for some kind of narcotic drug use (pointing to a possible charge of drug DUI).
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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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December 27, 2012

NJ DWI Defense Update: Chronic Drunken Driving Can Lead to Drunk Driving Arrests

by Jonathan F. Marshall

There’s little defense for poor decisions made in haste. Whether that applies to being pulled over for a minor traffic infraction, leading to a DWI or drug DUI summons; or if its making the wrong choices heading into a court hearing on a charge of driving while intoxicated, a poor decision in either instance can lead to license suspension, steep fines and penalties and even the loss of one’s job or standing in the community.

Regardless of the circumstances, never assume that a qualified DWI defense attorney is not worth talking to, at the very least to more completely understand your rights as well as the possible outcomes of a DWI or DUI case. As a defendant, knowledge is power. An experienced drunken driving lawyer has the skills and knowledge it takes to negotiate legally in a courtroom setting.

The loss of one’s driving privileges is nothing to ignore, especially if you absolutely need a car to get to work or school. The loss of mobility can not only be a burden on family and friends, who may be asked to help get a convicted drunk driver here and there, but it can affect one’s ability to find a job or even to hold on to one. Before walking into a courtroom unprepared for the consequences, consider a consultation with a qualified legal professional well versed in drunk driving law.
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December 23, 2012

New Jersey DWI Police Blotter: Multiple Drunk Driving-related Arrests in Ocean, Hunterdon, Morris Counties

by Jonathan F. Marshall

Make no mistake, at this time of year there are many New Jersey motorists who get picked up for drunken driving day after day as the holiday season progresses through to the New Year. It matters little if someone is an upstanding person in his or her neighborhood or well-respected individual in the local business community, being arrested for DWI or drug DUI can and does happen; the results of which can be costly and embarrassing.

It’s no laughing matter when a driver is pulled over after having a few drinks. While the initial traffic stop must be for a moving violation, exhibiting any outward signs of possible intoxication will likely pique an officer’s interest to the point that a field sobriety test will be requested. I f failed, the patrolman may decide to arrest the driver and take him or her in to have a breathalyzer test performed (via Alcotest or other such device), which could possibly lead to a charge of drinking and driving.

We see this kind of scenario play out week after week all across the Garden State. Consider the following bits and pieces culled from local news sources:

Ocean County DUI Arrest
A simple wrong turn resulted in a couple charges of operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), as well as drug DUI and possession of drug paraphernalia. According to the news report, Stafford Township police officers responded to an anonymous report after the unnamed caller reportedly saw a passenger car being driven in a reckless fashion along a stretch of Rte 9.
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