First Offense DWI

May 22, 2012

Prom, Graduation and Summer Vacation: Parents Beware the Season of Underage Drinking in New Jersey

Now that summer is practically here, youngsters all over the Garden State — from junior high to high school will surely be hitting the malls, the seaside and local gathering spots to celebrate yet another school year ended. This is all well and good, but parents of some teens know all too well that new-found freedom for some is an invitation to misbehave for others.

Mothers and fathers across New Jersey, and elsewhere around the nation, understand how the start of summer can offer up new opportunities for some teens and underage drivers to experiment with alcohol, not to mention marijuana and other narcotic substances.

While some say that teen drinking is part and parcel of the coming-of-age experience, the state of New Jersey has strict rules on its law books that prohibit underage drinking, not to mention simply the possession of alcohol by a minor. As a New Jersey DWI lawyer, I and my legal staff (including a team of highly experienced drunken driving defense attorneys) know all too well that kids, like adults, can find themselves in certain situations that lead inevitably to an arrest for driving under the influence of alcohol or prescription medications (drug DUI).
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May 14, 2012

Could a Few Drinks After Work Lead to a Strip Search in the County Jail?

by Jonathan F. Marshall

As if otherwise law-abiding citizens didn’t already have enough to worry about if they are arrested for driving while intoxicated now motorists can face being strip-searched as well. We’ve spoken on numerous occasions how a drunk driving arrest — or worse, a conviction — has the potential for personal humiliation in the local community, at one’s job and even within one’s own family. Personal relationships, careers, and reputations have been ruined as a result of a DWI or drug-related DUI.

But the recent ruling by the U.S. Supreme Court last month has opened up new possibilities for individuals arrested and incarcerated following a drunken driving arrest. While some may laugh, could it be such a stretch to imagine an average citizen, perhaps coming home from an evening get-together at the local bar with colleagues and friends, ending up arrested for drunk driving and ultimately being strip-searched prior to spending a night in the local jail? All we can say is, The truth can certainly be stranger than fiction.

Of course, we wouldn’t even be talking about this potentially embarrassing scenario if it wasn’t for the fact that the U.S. Supreme Court ruled that anyone in police custody can be strip-searched without, apparently, violating their constitutional rights. As New Jersey DUI defense lawyers, we have said for years that the stiff monetary penalties defendants face in the wake of a DWI conviction are just one aspect of the entire drunken driving arrest scenario. Now drivers have even more to worry about if they have had a little too much to drink.
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April 17, 2012

Being Accused of DWI May Require the Services of an Experienced Drunk Driving Defense Lawyer

by Jonathan F. Marshall

No matter where one lives or works in the Garden State, it would be fair to say that nobody is quite prepared for a DWI arrest, whenever it comes. Just because New Jersey law enforcement officers are always watching for traffic violators, doesn’t necessarily mean that every driver in New Jersey has a legal preparedness folder in his or her glove compartment.

The aforementioned thoughts may seem a bit tongue-in-check, but the sentiment is valid. As DWI defense lawyers serving New Jersey motorists, I and my legal staff are all to aware of the alarming frequency of drunk driving and drug DUI arrests that take place every week all across the state. While one may not have a legal action plan fully in place, it’s wise to know, at least, that you should seek the legal guidance of a qualified DWI-DUI attorney in the event of a traffic stop that precipitates charges of driving while intoxicated.

Whether one’s case involves being impaired through the consumption of wine, beer or hard liquor; or if the taking of doctor-prescribed prescription medication resulted in a motorist being charged with impairment due to narcotic substances, it’s a good idea to speak with an experienced legal defense attorney to better understand one’s options prior to stepping foot inside a courtroom.
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April 5, 2012

Morris County Drinking and Driving News: New Jersey Teenager Arrested for Underage DWI in Parsippany, NJ

by Jonathan F. Marshall

Being stopped by a police officer as a teenage driver can be a harrowing experience. And while inexperienced drivers can be expected to make a driving error from time to time, doing so while being drunk can mean big troubles now and in the future. Not only is underage DWI a chargeable offense in the Garden State, simply drinking or even possessing alcohol as a teenager or underage adult is grounds for an arrest.

As New Jersey DWI defense attorneys, we understand that an underage DWI, DUI or breath-test refusal is no way to begin one’s foray into adulthood. As we have said on numerous other occasions, being charged with driving under the influence of alcohol or prescription medication (drug DUI) is a serious enough offense without compounding it by being a teen. Parents take note, since most youngsters do not always realize the potentially injurious nature that a DWI conviction can mean to one in the future.

Without a doubt, it is always safer to consult with a qualified DWI lawyer to best understand the impact that any drunken driving conviction can have; in many respects, an underage DWI, DUI or refusal conviction can have even a greater impact than if the defendant was of age and caught for drunken driving for the first time. Suffice it to say that a conviction for DWI is just no way to start out one’s adult life.
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March 31, 2012

Red Bank, NJ, Drunken Driving News: Star Trek’s “Commander Sisko,” Avery Brooks, Arrested for DWI

by Jonathan F. Marshall

Whether one is driving home from a family get-together, after-hours office party at a local restaurant, or just having a night out with friends, a traffic stop could end up costing you big if the police believe that you may have been drinking and driving. Not only do state and local police here in the Garden State have an extremely low tolerance for drivers who operate their cars while impaired by alcohol or drugs, our DWI laws make a drunk driving conviction less than appealing as well.

And being famous, well-known or even infamous will not typically get someone any special dispensation. The law is the law; sports figures, public servants, business executives, even TV personalities and movie stars can get themselves caught up in a New Jersey drunk driving arrest as quickly as anyone else.

As New Jersey DWI defense lawyers, I and my experienced drunk driving defense team have the skills and training to represent individuals accused of driving while intoxicated, as well as driving under the influence of controlled dangerous substances (CDSs), such as prescription medications, marijuana, and even cocaine. The latter of these are known collectively as drug DUI offenses.
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March 6, 2012

Legal Defense Update: Not Every Drunken Driving Arrest in New Jersey Results in Similar Penalties Post-conviction

by Jonathan F. Marshall

A DWI is a DWI is a DWI, right? Well, not exactly. Here in the Garden State, people generally understand that an arrest for driving under the influence of alcohol can lead to severe monetary penalties. But what many motorists do not realize — until they have actually gone through the process of being tried for a DWI offense — is that drunken driving arrests come in varying degrees of severity, vis-à-vis penalties.

As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers possess a deep understanding of the legal statutes that define this state’s anti-drunken driving law. Local and state police also know the law, too, and every day along our highways and byways, they make quite a concerted effort to secure arrests of individual drivers who, in their eyes, violate New Jersey’s strict DWI traffic laws.

For starters, every drunk driving defense lawyer in this state should know that driving while under the influence of beer, wine or hard liquor can result in severe penalties as defined in the New Jersey DWI statute, known in legal circles as N.J.S.A. 39:4-50. This set of criteria state the following in no uncertain terms:
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February 28, 2012

Westhampton Police Arrest School Bus Driver for DWI in Burlington County after Kids Called Parents

by Jonathan F. Marshall

Although it is hardly a stretch to say that a single DWI or drug DUI conviction can change the direction of an individual’s entire life, it’s certainly not unusual for a one-time drunken driving arrest and eventual guilty verdict to greatly impact a person’s career. Aside from the damage that a DWI or DUI conviction can do to someone’s personal relationships or standing in their community, jobs have been lost and careers ruined because of drunk driving.

As New Jersey DWI defense lawyers, my firm is dedicated to representing individuals accused of driving while intoxicated, operating a motor vehicle while impaired by prescription drugs (drug DUI), as well as those arrested for possessing marijuana and other drugs in a car, truck or other motor vehicle. It may seem difficult for some people to believe the wide-ranging effect that one or more DWI or DUI convictions can have.

This is especially true for those individuals who have intimate contact with the public, or those with jobs that involve the trust and safety of individuals throughout society; the occupations that come quickly to mind would be police officers, state and local officials, judges, school officials, and even teachers and school bus drivers.

February 12, 2012

Mercer County DWI News: State Police Report More Drunken Driving, DUI Arrests this Super Bowl Weekend

by Jonathan F. Marshall

It could be an indication that economy is bouncing back more and more, or it might be that the NY Giants pulled off a nail-biting performance during Super Bowl XLVI. Whatever the reason, apparently more people were “celebrating” the occasion last weekend than this same time in 2008. And to what or whom do we owe this information? Why the New Jersey State Police, who else?

As drunken driving defense attorneys representing those Garden State residents who have been accused of DWI, drug DUI and other charges of impaired driving, we certainly understand the correlation between sporting event and holiday celebrations and the rise or fall in drunk driving arrests. Here in New Jersey, where anti-DWI campaigns are common and state and local police agencies flood the roadways with drunken driving saturation patrols and sobriety checkpoints, there should never be any surprise as to the number of DWI and DUI arrests during any particular period of time.

This is not to say that New Jersey is unique, but we do get our share of drivers hitting the road while under the influence of alcohol, prescription drugs and even illegal substances, such as marijuana, cocaine and meth-based drugs. Once charged by a state or municipal police officer, a driver typically must go before a judge to either defend himself against the charges or admit responsibility.
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February 2, 2012

Bergen County DWI Update: Drunken Driving Conviction Can Lead to Revoked NJ Driver’s License

by Jonathan F. Marshall

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver’s license. From the day we receive our learner’s permit — and later a full-fledged license — we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist’s driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver’s license could be in the offing depending on the nature of the charges and the driver’s history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it’s hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver’s license based on a local court’s ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.
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January 28, 2012

New Jersey Drunken Driving Defense Update: Driver’s License Suspension Possible following DWI or DUI Conviction

by Jonathan F. Marshall

It’s not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it’s a good idea to consult with a qualified DWI attorney to better understand one’s options.

Naturally, it’s a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions — namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver’s insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.
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