Articles Posted in DWI Stops

test tubeWhen a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.

Continue reading

Without a doubt, most all state troopers and municipal patrolmen throughout the Garden State have very little tolerance for those individuals who they suspect of being drunk behind the wheel of a motor vehicle. In fact, it isn’t much of a stretch to suggest that New Jersey’s law enforcement community has zero tolerance for drunken driving on public roads.

As professional DWI-DUI defense attorneys, my colleagues and I have a great deal of experience representing drivers who have run afoul of the law when it comes to DWI and drug DUI violations. Needless to say, our court system is also relatively unyielding when sentencing those people who have been convicted of intoxicated driving. Aside from the often costly and occasionally embarrassing results of a DWI conviction, some defendants who enter a courtroom less than adequately prepared can end up feeling the effects of that drunk driving arrest for years to come.

While many people likely consider that any consequences tied to a DWI or drug DUI conviction are mostly monetary in nature, there are instance where jail time may be prescribed (however, first-time offenders can often avoid that level of punishment with the help of a qualified legal expect). That said, it is best to keep in mind that many people fail to realize the negative effect that a DWI conviction can have on one’s family members, friends and neighbors, and even employers.
Continue reading

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.
Continue reading

Throughout the Garden State, the constant stream of news reports regarding drunk driving, specifically those found online and in the newspaper, illustrate the ongoing fight that law enforcement and our court system continue to have with the very real issue of intoxicated driving. As dedicated criminal and civil defense attorneys, my legal staff handles numerous DWI and drug DUI cases every week in counties such as Bergen, Monmouth, Middlesex and Atlantic, to name just a few.

As New Jersey DWI defense lawyers, we see clients who have been charged with driving while intoxicated by alcohol or drugs on city streets, as well as the parkway, interstate and local highways. For those who have ever wondered if theirs was the only DWI arrest to merit a courtroom fight, we would have to say, No. There are many hundreds, likely thousands, of otherwise law-abiding people who find themselves on a yearly basis facing serious charges and potentially costly penalties for offense that they do not believe they committed.

Granted, quite a few defendants in DWI and drug DUI cases will not understand the extent to which our DWI laws can affect the outcome of their drunk driving case, which is why it is important to seek the assistance of a qualified defense lawyer who has extensive experience in representing motorists accused of DWI or drug DUI offenses. This would include summonses for driving under the influence of alcohol, doctor-prescribed medications, and even the use or possession of illicit drugs, such as marijuana, methamphetamine or cocaine.
Continue reading

Having represented numerous defendants against various civil and criminal charges over the years, my colleagues and I handle a great deal of cases involving motorists accused of drunken driving, drug DUI, and other offenses related to impaired operation of a motor vehicle here in New Jersey. As skilled DWI defense attorneys, we know which cases may be tough going for our clients and which will be more routine. In some instances, we can even tell early on whether or not a DWI or DUI case may be thrown out due to insufficient evidence or improper police procedure.

Regardless of the cause of a drunk driving or drug-related DUI arrest, having a qualified legal professional on one’s side can not only be a smart move, but it can also be reassuring for the defendant to know that he has a knowledgeable expert in the area of drunk driving law representing his interests in court. As professional litigators, my legal team has extensive litigation experience throughout the Garden State. And, when asked by potential clients, we often hold that fighting a DWI-DUI charge is a wise course of action, especially considering the financial consequences.

Of course, the monetary aspects of a drunken driving conviction can frequently be a serious consideration, especially for those individuals who are facing a significant DWI-DUI offense. One serious charge that a percentage of drivers end up being accused of is DWI while having young children in the vehicle. Just as a DUI or DWI in a school zone can result in extensive penalties following a conviction, having kids in a motor vehicle while allegedly driving under the influence of drugs or alcohol can make for a rather difficult legal situation as well.
Continue reading

A news report earlier this month pointed up the danger of drinking and driving, not only in terms of legal liability, but especially due to the serious nature of accidents that can take place when operating a motor vehicle while possibly intoxicated due to alcohol or drugs. As Garden State DWI lawyers, my law firm is always ready to assist those motorists who have been accused of drinking and driving on New Jersey roadways. However, as drivers ourselves, we also know there are numerous risks associated with driving under the influence, many of which can be life-threatening.

That said, and while we in no way condone impaired driving, we do understand that some individuals can be fully unaware of their inebriation due to beer, wine or hard liquor, as well as possible impairment resulting from taking doctor-prescribed medications prior to getting behind the wheel. For those who believe they were unjustly charged with a DWI or drug DUI, my skilled legal team is available to help defendants fight those charges in a court of law.

Sadly, the reality of driving in New Jersey can mean that some people will be involved in a serious automobile or trucking-related accident as a result of some kind of impaired vehicle operation. From a legal standpoint, being charged with drunken driving following an injury-related roadway crash can often mean that the local prosecutor will consider other, more serious charges stemming from the accident itself.
Continue reading

As New Jersey drunk driving defense attorneys, my colleagues and I are dedicated to helping those individuals who have been accused of DWI or operating a motor vehicle while under the influence of prescription drugs or illicit substances (drug DUI). While we do not condone the act of driving while impaired, we are nonetheless committed to assisting motorists who believe that they were unjustly or erroneously charged with a serious alcohol- or drug-related traffic offense.

As many people may understand, some defendants in DWI-DUI cases also have the complication of a roadway accident to contend with. Since every person has the right to legal representation under the law, we are ready to act in our clients’ best interests. Having said that, we must from time to time question the choices that some individuals make when they mix alcohol and automobiles; setting oneself up for potential injury or death is one scenario that comes immediately to mind.

Regardless of one’s stance on drinking and driving, it can be assumed most people know that adding an injury-related or fatal traffic accident to a drunk driving arrest is not the best situation. We do not intend to come off as preachy, but when speaking with friends and colleagues, we often recommend prudence when going out for a drink or two. Quite simply, when it comes to drunk driving and other DWI-DUI violations, we highly recommend that people not make things worse on themselves by pulling another person or persons into their mistake.
Continue reading

Given the current automotive landscape here in New Jersey, there is more than a good chance that a fair percentage of the population either personally knows of or has heard about someone who has been stopped by the police for some kind of traffic infraction during the last year or so. Of that broad group, the are usually some individuals who have been stopped and subsequently arrested and issued a summons for drunken driving or impaired vehicle operation due to some kind of controlled substance.

Whether one is charged with DWI or drug DUI, the need to find professional legal representation jumps to the top of the list of important decisions following such an event. While most drivers who are charged with drunken driving typically find themselves stopped for what may have seemed like a minor traffic infraction, there is a smaller group that receive DWI-DUI summonses at late-night sobriety checkpoints, otherwise referred to as DWI roadblocks.

Many of the random instances involving drunk driving and drug DUI police stops end up being published in the so-called police blotter sections of many Garden State media outlets. Although many traffic stops, which turn out to be alcohol- or drug-related, may not be all that remarkable, there is often a common theme that comes up again and again. And while the drivers’ names and arrest locations can, of course, be unique to those individual events, there can be seen patterns of stops and subsequent arrests.
Continue reading

As professional trial lawyers, the skilled legal team at the Law Offices of Jonathan F. Marshall have been practicing law collectively for nearly a century. Having represented countless numbers of motorists who have been accused of drug DUI, DWI, CDS possession in a motor vehicle, breath test refusal and other drug and alcohol-related offenses, we know quite a bit about how to win tough cases. We also know that getting in over one’s head is easier than one might expert here in the Garden State, as well as elsewhere.

Because of our extensive legal experience, we understand New Jersey’s rather strict DWI-DUI statutes. We also know how the law can affect outcomes in the courtroom when drunken driving cases involve injury-related highway accidents in areas such as Bergen, Monmouth, Atlantic and Ocean County.

One of the more serious drunk driving-related charges that can affect parents, grandparents, babysitters and driving-age siblings has to do with intoxicated driving and something called “child endangerment.” For motorists who are found to be under the influence of alcohol or drugs while driving toddlers, small children and even teenagers in their vehicle, the penalties can be much worse than just a “simple” DWI or drug DUI.
Continue reading

As New Jersey criminal and civil defense attorneys, members of my legal team interact with law enforcement officers on a fairly regular basis. And while some people might assume that the relationship between DUI lawyers and police officers to be rather contentious, as legal professionals and officers of the court ourselves, we have the utmost respect for those hard-working municipal cops and state troopers. Yet, there are instances where the high regard with which we hold most patrolmen can become somewhat strained.

Being DWI-DUI defense lawyers, quite often we must place a police officer on the witness stand to question him or her as to the manner in which a drunk driving arrest was performed. In our experience, there can be serious questions of whether a patrolman followed correct police procedure during the stopping of a suspect’s vehicle, the carrying out of a roadside investigation, as well as the actual arresting of the accused drunken driver. Without question, there are times when officers either cut corners or omit steps in the process of putting a motorist under arrest for impaired driving.

While simple mistakes are not uncommon, especially considering the volume of DWI and drug DUI arrests made every year in the Garden State, we know most officers to be relatively well-versed in the methods and techniques of traffic enforcement. Unfortunately, there are occasional instances where an officer may overstep the bounds of his legal authority, which can open up an important avenue for a skilled defense attorney. Either way, the fact that the word of a police officer has great sway in court makes it necessary for every patrolman to conduct himself in the most professional and legally acceptable manner possible.
Continue reading