DWI Injury Accident

April 2, 2013

Police in Toms River and Barnegat Report Separate Drunk Driving Accidents in Ocean County, NJ

Now that spring is here, on the calendar at least, it may be time to start thinking about warmer weather and a new warm-weather driving season. Of course, and inevitably, the warmer months mean celebrations, such as graduations and family vacations, among others. Here in the Garden State, spring and summer can unfortunately bring a flurry of drunken driving arrests when those individuals who imbibe a bit too much at family outings, company picnics and other celebratory get-togethers slide behind the wheel and venture onto New jersey roadways.

As experienced DWI defense attorneys, the lawyers at the Law Offices of Jonathan F. Marshall understand how a pleasant afternoon or evening with friends and acquaintances can degenerate into a miserable trip to the local police department in the back of a squad car. Drinking and driving may be a common occurrence on our surface streets and highways, but state police and municipal law enforcement agencies in no way accept DWI offenders as just another part of the scenery.

When the temperatures warm up, one can be sure that mobile patrols and random sobriety checkpoints will be another common part of the local landscape. Our point here is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI, drug DUI or breathalyzer refusal can be rather predictable; all it takes is a drink or two and a minor traffic infraction and the roller coaster ride will begin.
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March 28, 2013

Monmouth County Traffic Wreck Results in Drunken Driving Charges for Eatontown, NJ, Driver

by Jonathan F. Marshall

It seems that every time one turns around in this state there is another DWI or DUI-related traffic accident reported on the web, in the papers or on the local news. As New Jersey drunken driving defense lawyers and motorists ourselves, we often advise our friends and colleagues never to get behind the wheel of an automobile with even a sip of liquor, beer or wine in one’s system.

Why such a strict statement? Because the laws in this state provide for fairly stiff penalties for those defendants who are convicted of drunken driving, even a first-time offense, and there is nothing that we have seen to suggest that driving while intoxicated is worth risking not only one’s hard earned money, but also life and limb. Regardless of where you live, be it Bergen, Passaic, Ocean or Monmouth County, being arrested for drunk driving or DUI associated with prescription drugs, the costs of a conviction are not worth taking a chance.

The other reason, though it isn’t even something that drivers should contemplate, is that once a motorist is driving on a public road with some alcohol in his or her bloodstream, being stopped for even the most innocuous or seemingly minor traffic offense, moving violation or vehicle infraction can open one up to close scrutiny by a state trooper or municipal cop.
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March 24, 2013

Middletown Police Arrest Two Drivers in Separate Drunken Driving-related Auto Accidents on Same Evening

by Jonathan F. Marshall

There are dozens of drunk driving cases tried every week here in the Garden State. What many of them have in common is that a motorist was suspected of driving while under the influence of alcohol or prescription drugs — sometimes even illegal substances, such as marijuana or cocaine — and was issued a summons for DWI or DUI by a New Jersey state police officer or a local patrolman after being stopped for some kind of traffic violation.

As New Jersey drunk driving defense attorneys, I and my colleagues have represented numerous individuals accused of drinking and driving, drug DUI or underage DWI. A smaller, but no less significant number of motorists may have been charged with operating a motor vehicle while intoxicated by beer, wine or hard liquor following a roadway accident. Whether or not it’s a DWI charge related to a serious injury accident, the fines and penalties for a drunken driving conviction are neither cheap nor relaxed here in Jersey.

It’s interesting to note how many first-time drunk driving offenders are otherwise law-abiding citizen who pay their taxes and obey the law. To this point, most drivers arrested for a first-time DWI or DUI can be surprised to find out that they are accused of being legally drunk or impaired at the time of the incident. As New Jersey DWI trial lawyers, we represented dozens of drivers monthly. But one of the things that can complicate a DWI defense is certainly the inclusion of a reckless driving charge associated with a traffic accident.
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March 14, 2013

Monmouth County Driver Assaults Police Following Drunken Driving Accident in Red Bank, NJ

by Jonathan F. Marshall

There are laws and there are laws. As most people know, driving under the influence (DUI) or driving while intoxicated (DWI) are terms used to describe a motor vehicle violation here in New Jersey. The details and language used to define drunk driving law are laid out in N.J.S. 39: 4-50. This includes a range of monetary fines and maximum jail time based on the defendant’s level of intoxication (as measure by blood-alcohol concentration, or BAC), as well as guidelines for license suspension, among others.

Aside from the obvious public safety concerns that driving while impaired by alcohol or drugs presents on the road, over the past several decades, drunken driving has become a much less socially acceptable activity. The negative affect that a drunk driving arrest can have on one’s career or social standing in the community, and even on personal relationships, has been growing as well. This is certainly reflected in the way in which law enforcement agencies conduct anti-drunk driving campaigns all through the year and especially during holidays.

As New Jersey DWI-DUI defense lawyers, we understand how average people can find themselves arrested for drunken driving for the first time without really having thought they were impaired when they got behind the wheel of their car, truck or SUV. But it does happen, and that is why we offer our services to help people fight for their rights under the law. Apart from advising everyone not to attempt to operate a motor vehicle after having any amount of alcohol is to not compound one’s troubles should you be unlucky enough to be stopped while possibly inebriated.
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February 27, 2013

Baby Sitter Charged with Drunken Driving after Mid-day Single-vehicle Crash in Union County

by Jonathan F. Marshall

Anyone who needs an example of what not to do when it comes to drinking and driving — despite the obvious of not getting into a motor vehicle if you suspect you have had any amount of alcohol to drink — just take a look at the news article we ran across a short while ago. Incidents like this only serve to punctuate the argument that a drunken driving-related traffic accident can happen at the most inopportune time resulting in consequences that may only be fully realized much later.

As New Jersey DWI defense attorneys, I and my colleagues have literally a century of legal experience between us assisting individuals accused of a wide range of offenses, not the least of which is driving while intoxicated. Looking at the news on a daily basis it’s evident that the Garden State has its share of impaired driving incidents every single day of the week.

Whether the charge is driving drunk, impaired operation of a car, truck or motorcycle, or driving under the influence of doctor-prescribed meds or even illicit drugs, this is an area of the law on which one does not want to find him or herself on the wrong side. With potentially harsh sentences and costly fines, fees and statutory assessments, being convicted of a DWI or DUI can be a shock to the average law-abiding citizen. Just consider that simply being accused of impaired or drunken driving can hurt one’s reputation, cause problems with personal relationships and even ruin one’s career.
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February 20, 2013

Double-DWI Car Accident in Bergen County Leaves Good Samaritan Critically Injured in Hackensack Hospital

by Jonathan F. Marshall

It is hardly fair to cast blame at any individual who has yet to have his or her day in court, but as experienced New Jersey trial attorneys who defend motorists and other individuals against a variety of criminal charges and traffic offenses we do know a little bit about the unintended consequences of drinking and driving. As we have mentioned many times before, New Jersey police officers, as well as our courts, have very little sympathy for people who apparently make a conscious decision to drive while intoxicated on public roads.

When it comes to defending drivers who have been accused of drunken driving, operation of a motor vehicle while drug-impaired, or even those who are caught with a controlled dangerous substance (CDS) in their vehicle, we understand the law and the potential penalties attached to these various offenses.

Though we make no judgments until all the facts are in, we always recommend caution to those individuals who may find themselves in a situation where a drink or two, maybe more, of beer, wine or hard liquor might precede a drive home. There is no sense, legally or financially, in taking a chance on being stopped by a police officer when driving an automobile if there is any possibility that one may be found legally intoxicated at that time.
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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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November 28, 2012

North Plainfield, NJ, Driver Survives DWI Car Accident on Interstate, Arrested for Reckless Driving

by Jonathan F. Marshall

While many people who are involved in automobile accidents may receive a modicum of sympathy from friend and relatives, if they caused the traffic accident, the police may not be as sympathetic. If other injuries were inflicted on the vehicle’s other passengers or people in other cars involved in the wreck, it’s reasonable to assume that any sympathetic capital will have been used up well in advance of a court hearing, depending on the circumstances.

As New Jersey drunken driving defense attorneys, I and my experienced staff of DWI lawyers know that mixing an injury accident with a charge of driving while intoxicated (or, for that matter, drug DUI) can complicate a drunk driving defense. Here in the Garden State, law enforcement and our court system are very aware of the consequences that drinking and driving can have on traffic safety. Flouting the law and actively operating a motor vehicle while under the influence of beer, wine or hard liquor can only serve to make a defense case more difficult.

Keeping in mind, of course, that any charge of DWI or DUI lodged against a motorist who may have been the cause of an injury-related DWI roadway collision should be followed by at least one consultation with a qualified legal expert, if only to understand one’s options going forward. We have heard too many stories of individuals who believed that they were in the right and therefore handling their own defense was hardly a concern. As a former municipal prosecutor, I understand the many and varied strategies followed by prosecuting attorneys around the state, which can help contribute to a good defense.
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November 21, 2012

Somerset County, NJ, DWI News: Out-of-State Driver Charged Following Drunk Driving Injury Accident

by Jonathan F. Marshall

On too many occasions, individuals accused of drunken driving walk into a courtroom with no representation and very little preparation, apparently ready to accept the court’s judgment on something that could haunt them for years to come. Here in the Garden State, it is always a good idea to seek counsel from an experienced legal professional regarding a DWI or drug DUI summons. If winning one’s case was not enough impetus for some, perhaps avoiding hundreds and likely thousands of dollars in fines, fees, assessment and other costs related to a drunk driving conviction should help influence many people’s decision.

At the very least, even if someone is not disposed to retaining the services of a qualified attorney, there is much one can learn from an initial consultation, which in the end may point an individual in the right direction. We know this from our professional experience as New Jersey DWI-DUI defense lawyers. As a former municipal prosecutor myself, I understand the strategies used by prosecuting attorneys that are tailored to attain a guilty plea or gain a guilty judgment against a defendant in a DWI case.

Although receiving a summons for drunk driving following a routine traffic stop should never be taken lightly by drivers in the Garden State, there are worse alcohol-related scenarios that can result in much worse outcomes for one accused of DWI. More to the point, being concerned about an arrest that takes place at a typical sobriety checkpoint is natural; however, consider how much more serious one’s position should an arrest follow the aftermath of an injury-related traffic accident that may have been alcohol-related.
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November 13, 2012

New Jersey Drunk Driving News: Motorist Arrested for DWI after High-Speed Crash in Passaic County

by Jonathan F. Marshall

It’s one thing to be hit with a DWI summons when one may not realize he or she was drunk at the time of the arrest, but to actively break the law while potentially impaired by alcohol or prescription drugs (drug DUI) is like waving a red flag in front of a bull. Most New Jersey police are already primed to pull over drivers who exhibit telltale signs of impairment. And while the law states that a patrolman cannot legally stop a vehicle simply on the hunch or intuition that the driver is intoxicated, officers have an eye for even the most minor of traffic infractions.

Once a police officer observes a chargeable traffic offense being committed by a motorist, the odds of being pulled over jump significantly. As soon as the officer is at the driver’s side of the vehicle on the roadside, all bets are off, as any signs of impairment can cause the patrolman to investigate further. Being asked to exit one’s vehicle and perform various standardized field sobriety tests can lead to an arrest if the officer in charge believes the driver to drunk. All that remains is a trip to police headquarters and a breathalyzer test to determine blood-alcohol content (BAC).

As New Jersey DWI defense attorneys, I and my colleagues have decades of experience in the area of DWI and DUI law. Before stepping foot in a courtroom, or talking with anyone from the local prosecutors office, one should seriously consider talking with a qualified drunken driving defense lawyer. It may sound so basic, but many people feel that they can explain themselves to the judge. While there may be some advantage to representing oneself in court, it’s a DWI attorney’s job to understand the law, know the local procedures for DWI cases and protect the defendant’s rights.
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