DWI Stops

September 8, 2010

Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances — whether an individual is coming home from a night out with one’s spouse, following a party at a friend’s home or after a casual gathering at a local pub or drinking establishment — it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you’re driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a “done deal.” Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client’s case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state’s representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don’t know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.
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September 5, 2010

Husband of ‘Real Housewives’ Star Giudice Gets Reduced Sentence after Montville Drunk Driving Arrest

by Jonathan F. Marshall

Whether it’s Snookie, Lindsay Lohan, Mel Gibson or any number of other famous personalities who have a little too much to drink, drunk driving and other traffic and civil offenses are not limited to the television screen. Not long ago, the husband of reality TV star Teresa Giudice (of ”Real Housewives of New Jersey” fame) apparently made a somewhat successful appeal after deciding to fight court-ordered penalties following his conviction for a DWI offense in Montville, NJ, early this year.

As a New Jersey defense attorney who represents motorists charged with driving under the influence of alcohol, as well as drugs, I and my colleagues understand state and local laws pertaining to individuals arrested for drunken driving throughout the Garden State.

According to recent news articles, Teresa Giudice’s husband apparently received a reduction in the penalties following an appeal from an earlier drunken driving arrest. Based on reports, a Superior Court judge substantially cut the various penalties that Giuseppe ”Joe” Giudice faced after a March DWI hearing in Montville Municipal Court.

August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

by Jonathan F. Marshall

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as “Over the Limit, Under Arrest,” police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

August 24, 2010

NJ Drunk Driving Defense News: Police Must Read Suspected DWI Offenders Instructions in Native Language

by Jonathan F. Marshall

When it comes to drunken driving arrests, police agencies all across New Jersey are now required to give instruction to DWI suspects in a language they can understand. The latest change in police procedures as they apply to drunk driving offenders is a result of a July decision by the New Jersey Supreme Court.

The Court’s 4-3 ruling on July 12 states that patrolmen must now communicate to a motorist suspected of driving under the influence of alcohol in a language that he or she understands that they are required under the law to submit to a breathalyzer test to determine blood-alcohol content (BAC).

The downside from a drunk driving defense standpoint is that this new requirement will likely reduce the opportunities for appeals, according to some law enforcement professionals.

August 21, 2010

New Jersey Drunk Driving News: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford

A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey’s Route 120 and in the process hit the center divider of the highway. After pulling over the suspect’s car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

August 18, 2010

New Jersey Drunk Driving News: Man Charged with DWI after Crashing Into Pickup Truck

by Jonathan F. Marshall

Something that seems to go hand in hand with intoxicated driving are traffic accidents. As a New Jersey DWI defense lawyer, I and my associates know that moving violations and property damage usually don’t help when it comes to defending an individual against a drunk driving charge. The bottom line is, few if any police officers, prosecutors or judges will look kindly on a motorist who not only allegedly drove under the influence of alcohol, but may have caused an accident or injuries while doing so.

And don’t think that injuring yourself will gain you any sympathy in traffic court. The authorities maintain a dim view of anyone who gets behind the wheel of a motor vehicle while impaired due to alcohol, prescription drug or illegal drug (CDS) use. When in doubt, save yourself the headaches and call a cab, a good friend or a family member to drive you home.

A recent news article shows what can happen to a driver who may have had a bit too much to drink. According to reports, a Lower Township resident was charged with driving while intoxicated and then causing a traffic accident out in Middle Township.

August 12, 2010

New Jersey Drunk Driving News: Morris County Police Blotter DWI Arrests and Summonses

by Jonathan F. Marshall

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless

driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

August 9, 2010

New Jersey DWI News: Labor Day Means More Sobriety Checkpoints and Increased Drunk-driving Patrols

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I usually tell people arrested for drunk driving (or issued a summons for DWI, Drug DUI or other CDS-related traffic offenses) to seek the services of a qualified drunk driving lawyer. One of the more likely times to be stopped for driving while intoxicated is during seasonal DWI crackdowns where police used increased drunk driving patrols and sobriety checkpoints or DWI roadblocks to catch unsuspecting drivers who made the mistake of driving after drinking an alcoholic beverage.

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer’s “Over The Limit, Under Arrest” Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as “saturation patrols” as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

August 6, 2010

NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence

by Jonathan F. Marshall

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one’s life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual’s right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state’s procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey’s drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver’s ability to operate a motor vehicle within New Jersey.
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August 3, 2010

New Jersey DWI News: Driver Charged with Drunk Driving had 0.33 BAC Level

by Jonathan F. Marshall

As I’ve said here before, DWI arrests can happen anywhere, not just on a highway or city street. As a New Jersey drunk driving defense lawyer, I have represented motorists who have been accused of drinking and driving in nearly any situation imaginable. And since I have experience as a former municipal prosecutor, I have approached cases from the law enforcement side as well.

Whatever the venue, New Jersey law prohibits driving while under the influence of alcohol, prescription drug, or other substance that causes physical and mental impairment. A recent news article illustrates how anyone can get a drunk driving summons even while sitting in a parking lot.

Based on police reports, an off-duty Middle Township patrolman observed what she believed to be person under the influence of alcohol sitting in a vehicle in the Acme Plaza Shopping center in Cape May Court House, NJ. Calling the situation into the local police headquarters, she was able to wrest the keys away from the driver who was apparently attempting to flee the scene. A uniformed officer arrived who had just ended his shoft for the day responded to help.