DWI News

January 16, 2019

Assault by Auto and Vehicular Homicide Charges in New Jersey

If you have been arrested for assault by auto or vehicular homicide, it is imperative to consult a seasoned New Jersey DWI attorney. These charges are extremely serious and have the potential to turn your entire life upside down.

9-Year-Old Girl Recently Killed in Drunk Driving Accident

Three days after Thanksgiving, a 9-year-old girl in New Jersey was killed in a car accident allegedly caused by her father’s drinking and driving. The father, 37, was driving north on I-295 in Burlington country when he hit the rear passenger side of another car in the center lane. After hitting the car, the man’s car veered off the road and crashed into some trees. The 9-year-old girl was ejected from the vehicle and her body was found in the woods. According to law enforcement, the man had consumed multiple drinks prior to the crash and was erratically weaving in and out of traffic at the time of the wreck. He has been charged with third-degree assault by auto, second-degree vehicular homicide and two counts of second-degree endangering the welfare of a child.

Third Degree Assault by Auto

Assault by auto occurs when you cause bodily injury (i.e., pain, illness, impairment, etc.) through reckless driving. Driving while intoxicated falls within the scope of “reckless” driving. You can be charged with third degree assault by auto when the accident resulted in serious bodily injury and either: you were driving while intoxicated or you were driving aggressively toward another vehicle. A person found guilty of third degree assault by auto could face a prison sentence of 3-5 years and fines totaling $15,000.

January 8, 2019

New Jersey Has One of the Country’s Lowest Drunk Driving Death Rates

by Jonathan F. Marshall

Being charged with driving under the influence is a very serious matter and should not be taken lightly. If you have been arrested for driving while intoxicated (DWI), you need to get in touch with an experienced New Jersey DWI advocate who can help. We are committed to providing quality legal representation to each and every client. Our goal is to vigorously defend your case so that your charges are reduced or even dropped. Time is of the essence in these cases so it is imperative to act as soon as possible after being charged or arrested.

The SafeWise Study

A study, conducted by security website SafeWise, found that the state with the highest rate of drunk driving deaths in the country is Wyoming, with 7.59 deaths per 100,000 residents, followed by South Carolina, North Dakota, New Mexico and Alabama. The state with the lowest rate of drunk driving deaths is New Jersey, with 1.39 per 100,000 residents. New York, Minnesota, Utah and Massachusetts are also among the states with the fewest drunk driving deaths in the nation. The report used statistics from the National Highway Safety Administration to come up with its findings.

December 26, 2018

Study Finds Drunk Driving Among Veterans is on the Rise

by Jonathan F. Marshall

DWI charges can have negative and long-lasting consequences for a person’s life. Too many people charged with drunk driving assume that they will be convicted but this is not always not the case. If you have been charged with or arrested for drunk driving, our highly reputable New Jersey DWI attorneys have the experience to help you in your criminal case. Our team will make every effort to have your charges reduced or dismissed and save your criminal record from any blemishes.

The Study

According to a recent study by American Addiction Centers, drunk driving and binge drinking among American veterans has drastically risen in recent years. Using figures from the Centers for Disease Control and Prevention, the study revealed that since 2013, the numbers of veterans who have been identified with incidents of binge drinking has gone up from 14 percent to almost 16 percent. In addition, the percentage of US veterans who engaged in drunk drinking has risen from 1.6 percent in 2014 to 2.5 percent – a nearly 60 percent spike. The rates of drunk driving were significantly higher for male veterans than women. The data shows that New Jersey was not in the top 10 or bottom 10 when it came to the rates of veteran drunk driving in 2016.

December 5, 2018

Operating a Motorized Scooter While Drunk in New Jersey

by Jonathan F. Marshall

If you have been charged with a DWI in New Jersey, it is imperative to consult a reputable New Jersey DWI attorney who practices this area of law. At our firm, we will examine the circumstances surrounding your arrest and figure out the DWI defense tactics that may work in your situation.

Electric motor scooters are fun to ride but they can be dangerous if they are operated in an irresponsible manner. A 28-year-old man in Los Angeles was recently convicted for driving under the influence while operating a Bird electric scooter. It is the very first motorized scooter drunk driving instance that the city has prosecuted. The man was determined to have a blood alcohol content (BAC) of .279, in excess of three times the limit allowed by law at the time of the accident in which he hit a 64-year-old pedestrian on the sidewalk. Once the accident took place, the man on the scooter did not stop and help the injured man who fell on the sidewalk and sustained a minor injury.

Drunk Driving in New Jersey

In New Jersey, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. A person can be charged with a DWI if they drive a motor vehicle with a blood alcohol content of 0.08 percent or higher. Furthermore, any drug that interferes with a person’s ability to drive in a safe manner can also give rise to a DWI charge.

November 28, 2018

More than 20,000 NJ DWI Convictions Could be Tossed Out

by Jonathan F. Marshall

A driving while intoxicated (DWI) charge can be incredibly daunting. If you were charged with driving under the influence of drugs or alcohol in New Jersey, you must contact an experienced New Jersey DWI attorney as soon as possible. Many DWI charges and convictions rely heavily on the results of breathalyzer tests, which are not always accurate. We will examine the breath tests in your case to identify any errors or issues that may have unfairly impacted the results.

Earlier this month, the New Jersey Supreme court ruled that breathalyzer evidence from over 20,000 drunk driving cases is not admissible because of a calibration error. In fact, the justices unanimously determined that criminal charges pending against a state police sergeant made Alcotest device results from five counties inadmissible as evidence due to the fact that the sergeant missed an obligatory step in the calibration procedure. The court’s decision means that 20,000 DWI convictions could be tossed out. It is important to note that the court ruling does not automatically expunge all the DWI convictions.

November 16, 2018

Bar Serving Alcohol Settles Case After Fatal New Jersey DWI Crash

by Jonathan F. Marshall

If you were charged with drinking and driving, you may assume that you are automatically guilty; however, this simply not the case. You have rights and our reputable New Jersey DWI lawyers can help protect those rights. You can take comfort in the fact that are dedicated to providing aggressive and experienced representation through every stage of the legal process.

T.S., 26, was killed in an auto accident in 2014 in Belmar. She was a passenger in her Honda Civic, which was driven by her boyfriend, E.M., in the early hours of Easter morning. E.M. ran a red light and hit another car causing the Civil to flip over and land in the parking lot at Belmar Marina. T.S., who was not wearing a seatbelt, was ejected from the vehicle and landed in the Shark River. An autopsy later revealed that her cause of death was drowning and blunt force trauma to her head. E.M.’s BAC was .207 at the time of the wreck according to law enforcement and he was later sentenced to prison for 10 years.

T.S.’s family sued the restaurant alleging that the establishment continued to serve E.M. despite the fact that he was visibility inebriated, offering evidence eyewitnesses accounts of E.M.’s conduct, security video from the bar, and his BAC level. The bar owners have now settled the lawsuit with the family for $1.5 million.

October 24, 2018

School Bus Driver Arrested for Drunk Driving in New Jersey

by Jonathan F. Marshall

If you are a school bus driver and you have been charged with drunk driving, you should consider immediately reaching out to a New Jersey DWI attorney. This charge should never be taken lightly as it can turn your whole life upside down and leave your financial future in a state of uncertainty, as commercial drivers face much more serious consequences than private drivers for DWI offenses. Just because you have been charged does not mean you are guilty – you can rest assured that we will examine every detail of your case and build the strongest possible defense on your behalf.

A New Jersey school bus driver was placed under arrest after law enforcement officials claimed he hit a few different cars while driving under the influence of alcohol. Specifically, the bus driver purportedly hit five vehicles with occupants inside, a minimum of two traffic poles and one fire hydrant early in the morning in an incident last month. Reportedly, one person sustained minor injuries because of the wreck. At the time of the accident, there was only a 9-year-old child and a female bus aide on the bus. The driver was charged with driving under the influence, driving while suspended and reckless driving.

Distinguishing Private from Commercial DWIs

In New Jersey, a person who is 21 years of age or older and holds a normal driver’s license is guilty of driving while intoxicated (DWI) if he or she operates a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. While the law defines a 0.08 percent BAC as the legal threshold, the reality is that you can be convicted of the offense even if your BAC is lower than 0.08 percent. It is important to note that, under New Jersey law, the rules differ for commercial drivers, including bus drivers. Bus drivers are prohibited from operating a bus with a BAC of 0.04 percent or higher. Commercial drivers face much harsher penalties for drunk driving offenses than private drivers.

October 17, 2018

Actor Arrested for Driving Drunk with Toddler in his Lap

by Jonathan F. Marshall

Drunk driving is a serious offense in New Jersey but drunk driving with a minor in the car is even worse. If you were charged with drunk driving and you had a child in the car with you at the time, you need to consult a diligent New Jersey DWI lawyer as soon as possible. This is an extremely serious charge that can adversely impact your personal and professional life. Our firm is committed to protecting your rights and making sure that you obtain the most favorable outcome in your case.

Actor Marion “Pooch” Hall was recently placed under arrest for driving under the influence of alcohol with his toddler son apparently in his lap and crashing into a parked car. Witnesses called 911 after seeing the toddler on his lap and noticing that the vehicle had been weaving in and out of traffic before hitting a parked car. Fortunately, no one was injured. According to police, Hall showed obvious signs of intoxication and was unable to perform field sobriety tests. In addition, his blood alcohol content (BAC) was 0.25, three times the legal limit. The police also determined the toddler was inside the car and he was not restrained as mandated by the law. Hall was charged with drunk driving and child endangerment.

While this incident took place in California, the sad truth is that these sorts of accidents also happen in New Jersey and everywhere else in the country.

October 10, 2018

New Jersey Woman Sentenced to Six Years for Drunk Driving Wreck That Killed a Man

by Jonathan F. Marshall

If you have been charged with death by auto or vehicular homicide, you probably understand the gravity of the situation. Understanding the charges you are facing is critical to deciding how to move forward. Our hard-working New Jersey DWI attorneys understand how to protect your rights when you are charged with such a serious crime. We are here to answer your questions and address your concerns every step of the way.

A New Jersey woman was recently sentenced to six years in state prison for a drunk driving accident that killed a 49-year-old man. The woman pled guilty to one count of second degree vehicular homicide and driving while intoxicated for hitting the victim, W.O., with her car and ultimately being the cause of his death. According to law enforcement, the woman was driving her Jeep Wrangler when she struck the victim, who worked for a private recycling company when the wreck took place. W.O. was rushed to the hospital where he was pronounced dead due to severe injuries sustained in the accident.

Second-Degree Vehicular Homicide in New Jersey

In New Jersey, an individual can be convicted of vehicular homicide for causing the death of another person by operating a vehicle recklessly. Reckless driving means that you drove with a conscious disregard for human life with a significant risk to the public. If the prosecution establishes certain circumstances under which the accident took place, the jury can infer that a defendant drove recklessly. One of these circumstances is if the driver got behind the wheel under the influence of alcohol or drugs then the jury can infer that he or she drove recklessly. In New Jersey, a person is driving while intoxicated (DWI) when he or she operates a motor vehicle with a blood alcohol content of 0.08 percent or higher.

September 25, 2018

Drunk New Jersey Woman Crashes into Carwash

by Jonathan F. Marshall

If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney without delay. In some cases, the basis for a DWI is a field sobriety test. These tests are notorious for being inaccurate, which is why we will meticulously examine what happened in your case to make sure none of your rights were violated. You can rest assured that we will put the full breadth of our legal experience to work for you.

While we often discuss drunk driving involving auto accidents, the reality is that it does not always consist of motor vehicles colliding with other motor vehicles on the road. Some accidents are the result of drunk drivers crashing into stationary objects, such as poles, medians, trees or even someone’s property. This recently happened in New Jersey. Last week, a Ridgewood woman allegedly drove into the wrong side of a carwash and crashed her vehicle, according to police. N.A. was found with an open bottle of wine in her purse at the time of the crash. Her car was stuck in the carwash for quite some time before it got removed and impounded. N.A. failed field sobriety tests and purportedly refused a Breathalyzer test. She was then charged with a DWI.

The basic offense of driving while intoxicated (DWI) in New Jersey involves getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. In addition, any drug that impairs a person’s ability to drive safely can also form the basis of a DWI.