Marijuana DUI

January 31, 2011

Alcoholic Beverage Trade Association Calls New Jersey DWI Checkpoints Ineffective at Catching Drunk Drivers

Recent comments by a beverage trade group calls for an end to drunken driving checkpoint and DUI roadblocks here in the Garden State and elsewhere across the nation. As a New Jersey drunk driving defense attorney, I understand the legal requirements that must be met for a DWI checkpoint to be operated within the laws of this state, as well as the law of the land, the United States Constitution.

And while most drunk driving roadblocks meet the legal requirements of New Jersey, there are many people out there who feel that whether or not these checkpoints are legal they may not be very effective at catching motorists who driver their vehicles while under the influence of alcohol, prescription medication or even illegal drugs such as cocaine and marijuana, also known as weed or cannabis.

One group that is questioning the efficacy of drunken driving roadblocks is the American Beverage Institute (ABI), which recently called for an end to this kind of police enforcement practice. The ABI’s comments, according to reports, include accusations that DWI-DUI checkpoints harass responsible drinkers.

The ABI has called checkpoints ineffective because they result in, on average according to the group, only about three drunken driving arrests out of every 1,000 motorists stopped. Based on this, the ABI has urged state and local law enforcement officials to only use so-called roving patrols. Using such tactics, according to news articles, the police would patrol city and rural streets looking for vehicles that are being driven in an erratic manner.

While police officials throughout New Jersey agree that roving patrols are a useful tool, they insist that sobriety roadblocks are valuable as well. This, police say, is true even if groups like the ABI say that most drivers who are pulled over at these checkpoints are never charged with driving under the influence of alcohol.
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January 23, 2011

New Jersey Drunk Driving News: DWI Study Reveals High Rate of Intoxicated Driving Among Younger Motorists

by Jonathan F. Marshall

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

December 28, 2010

Union County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.

December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 23, 2010

DWI Enforcement Update: Police in Ocean City, NJ, to Increase Drunk Driving Patrols during Holidays

by Jonathan F. Marshall

Like most cities and towns throughout the Garden State, Ocean City will be cracking down on drunken driving offenses during the year-end holiday season. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues provide assistance to motorists in Atlantic, Ocean, Monmouth and Middlesex Counties who have been accused of operating a motor vehicle while under the influence of alcohol or prescription medication.

It’s not uncommon for a police officer to pull a driver over for a sometimes minor traffic violation only to arrest the motorist on the ground of driving while intoxicated. Not only does the consumption of beer, wine or hard liquor before taking the wheel offer the opportunity for a drunken driving summons, taking a puff of marijuana can also get a driver in trouble with the law, especially when it’s linked to reckless driving or, worse, a traffic accident.

According to news reports, police departments in many communities will be on the alert for increased drinking and driving violations during the Christmas and New Year holidays. In Cape May County, the Ocean City Police Department (OCPD) will be cracking down on offenders in the coming week. Police are reportedly planning to set up sobriety checkpoints, DWI roadblocks and saturation drunk driving patrols across the area, all designed to keep the motoring public safe during the holidays.

December 16, 2010

Monmouth County, NJ, Drunk Driving News: Multiple New Jersey DWI and Drug DUI Arrests

by Jonathan F. Marshall

Drunken driving arrests happen daily in New Jersey. As Monmouth, Atlantic andMiddlesex County DWI lawyers, I and my staff have the skills and experience to represent those individuals accused of driving under the influence of alcohol, prescription medication and even illegal drugs such as marijuana. The following list of intoxicate driving arrests and other DUI offenses are a sampling of the situations in which many New Jersey motorists find themselves from time to time.

Holmdel
A 22-year-old out-of-state driver was reportedly stopped on Telegraph Hill Road for driving while intoxicated. A police patrol apparently noticed the man’s vehicle being driven in a possibly erratic manner, after which the driver was pulled over. He was arrested for DWI and taken to police headquarters for processing. The man was later released pending a court appearance.

On that same day, a 24-year-old motorist was pulled over along a stretch of Rte. 35 by a police officer and was subsequently arrested for driving under the influence. The man was later taken to headquarters, processed and released pending a future court appearance.

Three young people, two men and a woman under the age of 21, were arrested by police for underage possession of alcohol. The trio from Brick, Point Pleasant and Point Pleasant Beach were all taken to police headquarters for processing before being released. Each of the three will have to return for a court appearance.

Belmar
Police made a DWI arrest on Main St. in Belmar when they apparently spotted car being driven erratically. The 42-year-old driver, who reportedly resisted arrest, was charged with driving while intoxicated, aggravated assault and obstructing justice.

Wall
Route 35 has been the scene of more than a few DWI arrests. According to reports, an 18-year-old Wall Twp. Man was stopped by police near New Bedford Rd. and charged with driving while under the influence of alcohol. In another unrelated instance, a 26-year-old Seaside Heights resident was stopped by patrolmen near Church Road and arrested for intoxicated driving.

Around the same time, a 31-year-old Belmar man was arrested by police in the vicinity of 16th Ave. and Maplewood Rd. and subsequently charged with possession of less than 50 grams of marijuana.
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September 22, 2010

New Jersey DWI News: Traffic Deaths Fall to 1950 Levels; Authorities Credit Enhanced Drunk Driving Enforcement

by Jonathan F. Marshall

As a former New Jersey municipal prosecutor, I can respect the lengths to which our state and local municipalities go to reduce traffic fatalities. According to a new study released out of the nation’s capital, law enforcement agencies across the country have some good news to crow about: Highway deaths have dropped to their lowest levels in 60 years.

Of course, as a New Jersey drunken driving defense attorney and DUI lawyer, I know that many times the police just don’t have the evidence to prove that a motorist has been driving while intoxicated. There should always be a balance between public safety and individual rights, which is why I always tell people to fight what they believe to be a faulty arrest for driving under the influence of alcohol, Marijuana or prescription drugs.

According to a recent news article, New Jersey law enforcement officials have credited various enforcement technologies coupled with strict DWI and drug DUI patrols and checkpoints, among other techniques. The story coming out of Washington, D.C., indicates that deaths on our public roadways have drastically fallen to levels not experienced since the ’50s.

July 28, 2010

Morris County, NJ, Police Blotter: More Arrests for Marijuana Possession in Car

by Jonathan F. Marshall

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 – this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution’s tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver’s license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

July 25, 2010

New Jersey DWI Defense Update: Considering the Differences Bewteen Drug DUI and Drunk Driving Cases

by Jonathan F. Marshall

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics — which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic — for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

July 14, 2010

NJ Drunk Driving and DUI Defense Update: Caught with Weed in Your Car?

by Jonathan F. Marshall

Times change, as they say, and nothing indicates change like the increased use of medical marijuana as well as illegal pot. Although many states around the nation have passed medicinal marijuana laws, state law enforcement agencies and local police are still stopping individuals who are possibly impaired due to driving while under the influence of a controlled dangerous substance (CDS), in this case marijuana or weed.

Whether a driver is actually impaired due to smoking hash or cannabis (drug DUI), or because of alcohol consumption (DWI) or just drowsy behind the wheel, traffic enforcement officers will likely key on possible erratic driving behavior or a defective vehicle equipment as justification for a traffic stop.

Since marijuana is one of the most common drugs encountered in the New Jersey area, marijuana possession arrests are relatively common. Possession in a vehicle is a chargeable offense and usually requires the services of a qualified drunk driving and DUI defense attorney.