Articles Posted in Monmouth County DWI Defense

Considering the number of teenagers and young adult drivers currently on Garden State roadways, DWI and drug DUI arrests involving underage drivers are bound to happen more often than not. As New Jersey drunk driving defense lawyers, my legal team understands how easily a young person can end up intoxicated and then get behind the wheel without taking into account the various consequences that may result. Safety aside, for those drivers under legal drinking age, being stopped by the police for intoxicated driving can have unintended outcomes.

The penalties for underage DWI here in New Jersey are outlined in our state’s legal statutes, specifically N.J.S.A. 39:4-50.14. The law specifies that any person under 21 years of age who operates a car, truck or motorcycle with a blood-alcohol concentration (BAC) of greater than 0.01 percent but less than 0.08 percent risks forfeiture of his driving privileges for one to three months. Even those individuals who do not yet have a driver’s license may face a delay in obtaining their driver’s license following a previous conviction for underage DWI.

As with most drunken driving cases, the burden of proof is on the state. Where a charge of drunken driving is at issue, the local prosecutor must show that 1) the defendant was “operating” the vehicle at the time of the offense; 2) the defendant was under the state’s legal drinking age at that time; and 3) the defendant had a BAC over 0.01 percent. Evidence of the latter is typically gained via a breathalyzer test, often obtained by using an Alcotest breath testing device or occasionally through a direct blood sample taken from the defendant at the time of the drunk driving arrest.
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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.
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Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.
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While country music star Toby Keith is playing the PNC Bank Arts Center this Friday evening, the New Jersey State Police will have their own event in progress that night, waiting for intoxicated fans to stop in at a sobriety checkpoint being planned in the area. According to news reports, state troopers will be manning a DWI roadblock in the along a stretch of the Garden State Parkway starting early during the concert and thereafter.

We mention this because here in New Jersey motorists often run across late-night sobriety roadblocks erected by state and local police agencies in order to catch potentially drunk or otherwise impaired individuals. This is in addition to the typical saturation patrols that can take place at certain times of the year when the incidence of drunken driving is known to be higher.

As New Jersey drunk driving defense attorneys, my legal staff knows how easily someone can be caught in a situation where an evening of fun can turn into a legal nightmare. Just a drink or two during an event such as a music concert or sporting event can result in some level of alcohol in one’s bloodstream, which if high enough can result in DWI charges.
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While some non-boaters probably don’t know that the State of New Jersey legal statutes have a specific section that covers operation of a watercraft while under the influence of alcohol, prescription meds or illicit drugs; however, anyone who does pilot a boat in state waters should be aware of the law that addresses such situations. As Garden State drunken driving defense lawyers, my colleagues and I know the downside to being arrested, charged and convicted of DWI, but it is important to note that BWI (boating while intoxicated) has its own consequences.

When it comes to operating a watercraft while under the influence, the BWI statute (specifically N.J.S.A. 12:7-46) acts very much like the automobile-related DWI law (N.J.S.A. 39:4-50). If a boater is charged with BWI, my firm is staffed with a group of highly skilled and experienced attorneys who know how to handle such cases. For instance, a qualified DWI-DUI lawyer should understand that in order for the state to prove a person is guilty BWI, three elements must be covered:

First and foremost, the prosecution must show that the defendant was actually operating the watercraft or vessel in question. Second, the alleged operation of said vessel must have occurred on waters within the legal jurisdiction of the State of New Jersey. Finally, the third element involves proving that the accused boater was legally under the influence of an intoxicating beverage; or a hallucinogenic, narcotic, or habit-forming drug.
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Most every adult here in the Garden State who drives a car has noticed over the years that police traffic enforcement generally ramps up as the weather gets warmer and the vacationers start a migration to the famous Jersey Shore. While the spring and summer revelry is always a welcome change from the freezing temperatures of winter, some changes are not always that pleasant. In particular the opportunity for traffic citations and, occasionally, an alcohol or drug-related arrest.

As New Jersey drunk driving attorneys, we receive a number of questions from friends and acquaintances, as well as potential clients, regarding the legitimacy of certain kinds of drunk driving enforcement; namely, the random erection of late-night drunk driving roadblocks, also known as sobriety checkpoints. Depending on where you live, the frequency of these “tools” of law enforcement can rise or fall based on the time of year of the funding available to staff them.

One of the many questions we get is whether or not sobriety checkpoints are legal in New Jersey, or if they are even constitutionally allowed. When asked, we must tell people that, in fact, DWI checkpoints are legal, both on a state and federal level. From a constitutional standpoint, the issue of police roadblocks was addressed in successive cases starting back in 1979, when the United States Supreme Court heard arguments in the case of Delaware v. Prouse.
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Quite frequently during course of the summer it is not uncommon for New Jersey DWI and drug DUI defense attorneys to receive numerous inquiries regarding the validity of a BWI summons, better known as a boating while intoxicated offense. The fact that the bulk of these kinds of charges crop up during the warmer weather is hardly surprising given the marked increase in boaters and recreational fishermen who take to the waters off of the Jersey Shore, as well as on the inland waterways throughout the Garden State.

As Monmouth County DWI-DUI lawyers, we understand fully the confusion that surrounds a BWI arrest or issuance of a summons related to intoxicated boating. While most people understand that driving under the influence of alcohol or prescription drugs is a serious offense when on New Jersey roadways, many find it somewhat difficult to equate the seriousness of drunk driving to the operation of a watercraft.

One of the possible trains of thought is that there are fewer boats on the water than cars on the turnpike, so why should drinking a little alcohol while piloting a powerboat be such a serious matter? Another rationalization could be that boats don’t travel as fast as cars, so collisions, if they occur, should be less dangerous. Unfortunately, New Jersey law enforcement agencies, as well as the state’s legislators, feel much more strongly about the dangers of drinking while operating a boat. Either way, the fact remains that BWI is a chargeable offense and a potentially costly one as well.
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It is probably safe to say that winter is over and done with here in the Garden State. Now, with summer officially in full swing, we feel obliged to remind readers that vacation revelry can lead not only to instances of drinking and driving, drug DUI and other related chargeable offenses, but it can also result in faulty judgment calls, especially during extracurricular activities such as power boating and sailing. As drunken driving defense attorneys here in Monmouth County, we know that drunk driving is just one of several potential violations that can and do take place along the Jersey Shore.

Many people who have visited this state’s fabulous ocean-side venues up and down the Garden State coast may already have experienced the embarrassment of receiving a DWI or drug DUI summons during a visit to the seashore. Those who came to enjoy boating and other watersports — either off the shoreline or in one of this state’s numerous waterways — may have found themselves being approached by law enforcement officers after a minor boating-related mishap or simple procedural error while negotiating New Jersey waters.

For some of those who may have imbibed a little bit before their encounter with local police, coastguard, or sheriff’s department personal may have found themselves cited for being intoxicated while piloting their watercraft. Boating while intoxicated (or BWI) has been an offense in New Jersey since the early ’50s. About twenty years ago, legislators in Trenton revised the BWI statutes to provide a handful of ways in which a boater can be charged with drunken operation of a vessel.
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Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
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As DWI defense lawyers, my law firm has for years provided legal services to individuals who have been accused of driving while intoxicated by alcohol, impaired by prescription medications, and other drug or alcohol-related traffic offenses. Regardless of the circumstances — such driving home from an after-work get-together at a local pub, traveling along the Garden State Parkway following a social event, or even returning from a family gathering at the beach — if a driver has consumed even a seemingly minor amount of beer or wine, the opportunity can always exist for a DWI-DUI arrest.

As anyone who reads articles from local news sources can likely attest, there are near-constant reports regarding motorists who have been charged with driving a car, truck or motorcycle while inebriated, as well as some involving arrests for marijuana possession or prescription medication-related drug DUI. As professional drunk driving defense experts, my staff has represented clients in a wide variety of criminal and civil cases.

From DWI-related auto accidents and underage drunk driving, to arrests use or possession of a controlled dangerous substance (CDS), my law firm has the legal background and the trial experience to assist motorists accused of any manner of alcohol or drug-related traffic offenses. Living and working in the Garden State, it is not difficult to notice police activity on our roadways day and night. The following incidents are just a few of the typical (and some not so typical) arrests that take place in counties from Hudson and Passaic to Ocean and Cape May.
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